Select committee: Public Accounts Committee
Recommendation 27
Eighteenth Report - Government actions to combat waste crime
Published 19 Oct 2022
Addressed to HM Treasury
Public Accounts Committee Government actions to combat waste crime All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
Defra told us that “Local authorities have the responsibility to deal with fly-tipping” while Defra’s role is to support authorities and provide tools for carrying out this work. However, Defra’s statutory guidance presents a less straightforward picture of local authority responsibilities. Local authorities have a duty to keep specified land clear of refuse, and can be taken to court to ensure they clean up such refuse within a reasonable time.98 Investigation and enforcement are steps that local authorities can choose to take; they are not themselves duties on the authority.99 Local authorities have many different priorities to balance, and their spending on non-social care services fell by 24.8% in real terms between 2010–11 and 2019–20. The Local Government Association believes that local authorities will only recover around half their costs, even after a successful prosecution. Between 2014–15 and 2020–21, the proportion of fly-tipping incidents investigated by local authorities fell from 35% to 28%.100 In 2020–21 Sandwell and Hackney Councils recorded 24,000 fly-tipping incidents between them, issued 31 and 150 fixed penalty notices, respectively, and undertook no prosecutions.101 A submission from academic crime scientists argued that authorities could do much more with their information about fly-tipping to inform prevention.102
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.