Source · Select Committees · Public Accounts Committee
Recommendation 22
22
Accepted
Advice and guidance or warning letters are the most common responses for most types of...
Recommendation
Advice and guidance or warning letters are the most common responses for most types of waste crime, and we pushed the witnesses on whether they were using the right balance of enforcement actions.77 The Agency described how it takes a proportionate, risk-based and outcome-focused approach, and that providing advice and guidance is the default response. We were told most people respond well to advice and guidance, but if that does not work, the Agency has an escalating series of civil sanctions.78 However, SUEZ argued that greater focus should be placed on tackling waste crime at all levels, telling us that small-scale activities may lead to more severe criminal activities in the future if not dealt with effectively.79 We heard that there are thousands of waste companies, most of which are legitimate but a lot operate on the edge of economic viability. The Agency described how it does not want to tip legitimate companies into insolvency, so will always try to keep them operational and bring them back into compliance. If a company does go bankrupt or disappear, it leads to a host of other problems, including the landowner, who may be an innocent third party, becoming liable for the waste.80 Getting a grip on illegal export of waste
Government Response Summary
The government agrees and will 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, including how to speed the process up and consideration of whether the sentencing guidelines need strengthening. They intend to conduct new research into the effectiveness of the current enforcement regime for small scale fly-tipping, anticipated to commence in early 2023.
Government Response
Accepted
HM Government
Accepted
4. PAC conclusion: The current sanctions are not effective in deterring people from committing waste crime. 4. PAC 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. 4.1 The government agrees with the Committee’s recommendation Recommendation implemented 4.2 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. 4.3 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. 4.4 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. 4.5 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. 4.6 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. 4.7 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.