Source · Select Committees · Public Accounts Committee
Recommendation 4
4
Acknowledged
The current sanctions are not effective in deterring people from committing waste crime.
Recommendation
The current sanctions are not effective in deterring people from committing waste crime. Under the current regime almost anybody can register with the Agency as a waste carrier and present themselves to the public as a legitimate person to take away their waste. The Agency is increasingly concentrating its enforcement efforts on the most serious waste criminals. We heard in stark terms about the difficulties, delays and dangers involved in tackling organised criminals of this type, and how they regard fines as ‘business expenses’. Only jail sentences have a real impact. Meanwhile, much waste crime is responded to with a minimal, or no, enforcement response: fewer incidents are investigated, investigations are taking longer, and advice and guidance or warning letters are the most common responses for most types of waste crime. The number of prosecutions per year has fallen by more than 90% since their peak in 2007–08, with court delays slowing their progress. Defra, if it is serious about eliminating waste crime, has a long way to go from the current position where the approach to large parts of waste crime is closer to decriminalisation. Recommendation: Defra, the Agency and HMRC should work with relevant bodies within the criminal justice system to develop a plan for making enforcement more effective across the full spectrum of waste crime. This should include how to speed the process up and consideration of whether the sentencing guidelines need strengthening.
Government Response Summary
The government agrees with the Committee’s recommendation and aims to be more effective by reducing the drivers for waste offending, preventing opportunities for offending and improving deterrents. The agency is now working further upstream to prevent crime and harm before it happens, and the agency approach is more intelligence-led.
Government Response
Acknowledged
HM Government
Acknowledged
The government agrees with the Committee’s recommendation Recommendation implemented The Sentencing Council is a statutory body responsible for issuing sentencing guidance for use by the Courts. It must consult those it considers appropriate in developing those guidelines. The Courts will make independent decisions on the sentences to hand down to convicted offenders and will refer to the sentencing guidelines to help them reach their decisions. The government aims to be more effective by reducing the drivers for waste offending, preventing opportunities for offending and improving deterrents. The agency is now working further upstream to prevent crime and harm before it happens. The agency approach is more intelligence-led. The 80/20 rule is applied, focusing on the worst criminals and the biggest environmental harms; the agency takes a national approach, focusing on the biggest threats across the country. In 2019, the Joint Unit for Waste Crime was also formed with a remit to identify, disrupt and deter waste crime. Members include Natural Resources Wales, the Scottish Environment Protection Agency, the Northern Ireland Environment Agency, the police, the National Crime Agency, HM Revenue & Customs and the British Transport Police. The penalties for agency prosecutions have increased since the introduction of the sentencing guidelines which came into force in July 2014, and in the imposition of custodial sentences. The most serious waste offenders are made the subject of immediate or suspended custodial sentences and the agency sees a deterrent value in such sentences. To support sentences that properly reflect the severity of smaller scale incidents, the department has worked with the National Fly-Tipping Prevention Group to produce a guide on how councils and others can present robust prosecutions. The department intends to conduct new research into the effectiveness of the current enforcement regime for small scale fly-tipping. This work is anticipated to commence in early 2023.