Local authorities are not obliged by Government or the guidance we issue to impose fixed penalties if they do not want to
Hilary Benn
Mr Benn's clarification comes in the wake of national media reports over the weekend claiming that local authorities had been issued with guidance instructing them to issue fines of between £75 and £110 for a range of offences relating to how and when they put their waste out for collection.
The reports were greeted with an angry response by the Conservative Party, with senior figures in the party telling newspapers that the fixed penalties were a “stealth tax”, and the party's local government secretary, Eric Pickles, particularly vehement in his criticism of the fines.
However, the secretary of state has now stepped in to remind councils that while the powers to issue fixed penalties for the offences do exist, Government does not expect them to fine households.
“Local authorities are not obliged by Government or the guidance we issue to impose fixed penalties if they do not want to,” Mr Benn explained.
“How they use these powers is entirely a matter for them,” he stressed.
Some national media reports had suggested that the guidance on levels of fines was newly published as part of the Flycapture Enforcement training programme, which is run by Defra and the environment agencies for councils.
However, it is believed that the training material was actually issued up to two years ago, while separate guidance issued by Defra in 2006 on Fixed Penalty Provisions also stated the councils that do choose to introduce fixed penalties for waste receptacle offences can make them between £75 and £110, with £100 detailed as a 'default amount'.
Indeed, the power for local authorities to issue fixed penalties for offences relating to waste storage and provision was first enshrined in legislation 18 years ago in the Environmental Protection Act 1990.
And, councils were given the option of setting specific fines for offences relating to waste receptacles, such as leaving bins out on the wrong day, as part of an amendment to the Act which became law under the Clean Neighbourhoods and Environment Act in 2005.
Southampton
While councils have discretion over whether or not to introduce fixed penalties for the offences, Southampton city council has told its residents that it will definitely not be introducing the fines.
The council's cabinet member for environment and transport, councillor Gavin Dick, said: “It is incredible that law-abiding residents can now get fined more than shoplifters do for stealing.
“I can reassure residents that these measures will not be introduced in Southampton.”
He added: “It is important that we work with residents to help them, not force them, to manage their waste as it is only with all residents on board that we can really make a difference.”
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