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Defra in warning to councils over environmental fines

Local authorities have been warned by the Department for Environment, Food and Rural Affairs (Defra) that they should not set budgets which assume income from environmental fines.

Guidance on fines is to be made statutory under the Environment Act

On 26 August, Defra published a letter which Jo Churchill, minister for agri-innovation and climate adaptation, had sent to councillors in June 2022.

In it, Mrs Churchill – who quit the post in July – focuses mainly on fines for littering but her instructions, she notes, also apply to environmental offences. She tells councillors that in addition to enforcement action, authorities should aim to reduce littering and other environmental offences through communications, and the provision, and regular emptying of, litter bins.

Code of Practice

Referencing enforcement guidance as part of the Code of Practice on Litter and Refuse issued in 2019, she says that this makes it clear that in “no circumstances should enforcement activity be considered a means to raise revenue. Any perception that enforcement activity is being used intentionally to generate income is likely to undermine the legitimacy of the enforcement regime in the eyes of the local community, which in turn may diminish the deterrent effect.”

And, looking forward, the minister tells the councillors that while the current thinking is based on the code of practice, new powers under the Environment Act will place the guidance under a “statutory footing”.

Enforcement action should not be taken if it would be disproportionate to the offence

– Minister Jo Churchill

Behaviour change

The minister also put the emphasis on behaviour change work. She wrote: “The guidance explains that you are expected to combine enforcement with education to change behaviour and balance the need for consistency with an approach which remains targeted and proportionate. A blanket ‘zero-tolerance’ approach when issuing penalties is unlikely to achieve this. In particular, enforcement action should not be taken if it would be disproportionate to the offence.”

Private contractors carrying out environmental enforcement work should carry out all the requirements set down for the authority itself, councillors are told in the letter.

 

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