The government said its proposals would see the money paid by criminals go “directly back into repairing the damage from their crimes”, or into enforcement efforts to prevent similar incidents from happening again (see letsrecycle.com story).
This consultation came shortly before the government also announced an increase in the maximum FPN for fly-tipping will rise to £1,000.
The Hertfordshire Fly-Tipping Group (FTG) includes Hertfordshire’s 11 waste authorities, the Hertfordshire Constabulary, the Office of the Police & Crime Commissioner, the National Farmers Union and the Environment Agency.
Concerns
In a letter to Defra, the group said: “The consultation itself is very specific with respect to looking at possible budgetary impacts arising from redefining how fixed penalty receipts could be used in future.
“Whilst the FTG welcomes recognition that fines for fly tipping are too low, we believe the government is making a mistake by looking at fixed penalty notices in isolation”
The letter set out a range of concerns the group has over the proposals, including concern that more people will take the issue to the courts, where fines remain “inadequate”. The group also said that through “informal dialogue, not a single officer intends to recommend to their authority adoption of a £1000 FPN.”
The FTG requested that the government considers updating court processes such that any fines levied are paid to the prosecuting local authority.
“We believe this is wholly in line with the government’s preferred use of fixed penalty receipts as highlighted in the consultation which would also encourage more local authorities to opt for court proceedings in the more serious cases.
Income
The letter adds that with a small number of notable exceptions, most local authorities do not issue enough FPNs to generate an ‘income’ stream that would be considered material to the cost of the service.
“As such the government needs to consider the implication of their suggested approach is that future enforcement activity should be funded solely through fixed penalty receipts. However, the risk is this becomes the primary goal as opposed to long term behavioural change to prevent such activity in the first place which is in line with current government guidance.”
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