Select committee: Public Accounts Committee

Recommendation 21

Eighteenth Report - Government actions to combat waste crime Published 19 Oct 2022 Addressed to HM Treasury
Recommendation (the committee's words)
We queried why the number of successful prosecutions has dropped dramatically over the past 15 years and why investigations were taking longer and longer.72 The Agency told us that prosecutions, despite their potential effectiveness at deterring waste crime, are a last resort because they tend to be slow, complex and expensive, and the Agency needs to use and target its resources in the best way to address and prevent the huge array of waste crime. The Agency’s strategy is to go after the worst criminals who do the most damage, and this requires higher evidential standards and, inevitably, longer investigations.73 HMRC is even more reticent to prosecute, predominantly using civil sanctions and seeking to promote good compliance.74 We heard from HMRC that it has learnt the lessons from its only, and failed, attempt to prosecute for landfill tax evasion to date, Operation Nosedive. It now works much better with the Agency on complex investigations through the Joint Unit for Waste Crime and has improved the quality of the evidence it gathers.75 The Agency also confirmed it has learnt lessons from Operation Nosedive, and assured us that its staff are committed to combatting waste crime despite the huge challenges of the job, including threats and actual assaults.76

From: Public Accounts Committee, Eighteenth Report - Government actions to combat waste crime (HC 33), 19 October 2022

Government response

The government responded to the whole report on 14 December 2022 (deadline 19 December 2022).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government states that it agrees with the Committee's recommendations on waste crime, listing most as "implemented" and giving target dates for others.

  • On the Resources and Waste Strategy, the government agrees with the recommendation, while noting that "some delivery has been slower than originally planned"; it lists planned reforms including digital waste tracking and reform of the waste carriers, brokers and dealers' regime, both "planned for 2024".
  • On landfill tax, the government agrees and says the Landfill Tax Review would consider the structure of the tax and "the impacts of any proposed changes to this on waste crime"; HMRC is to report on its approach to investigations, with a target date of December 2022.
  • On sanctions, the government agrees and notes that the Sentencing Council is responsible for sentencing guidance and the courts make "independent decisions"; the department "intends to conduct new research" into enforcement of small scale fly-tipping, "anticipated to commence in early 2023".
  • On the digital waste tracking contract, the government agrees; it is "anticipated that the contract will be let by the end of 2022" and the department "will write to inform the Committee" when this happens.

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