Sarah Dyke

“I thank the Minister for setting out this statutory instrument, which the Liberal Democrats support. For too long, the system regulating who can transport and manage our waste has relied on a simple registration scheme, scarcely able to distinguish between reputable operators and rogue ones. That simply cannot continue. Replacing carrier, broker and dealer registration with an appropriate and robust permitting regime is the right call. Distinguishing waste controlling, waste transporting and waste controlling-transporting means that regulation can finally be risk-based, rather than having a one-size-fits-all free-for-all. Giving the Environment Agency the power to check before granting a permit, rather than after damage is done, is exactly what the Liberal Democrats have long called for. We therefore back this statutory instrument, but supporting it does not mean we accept that it is job done. Permitting who is allowed to move waste does nothing for what happens when criminals move it anyway. Earlier this year, a space outside the Red Brick Building alongside a key gateway into Glastonbury was blighted by a mountain of fly-tipped waste. No single body was able to or wanted to take responsibility for its clean up, so local residents stepped in and raised £1,500 towards clearing this eyesore. After a full day of volunteers shifting rubble by hand, and a local firm sending a biohazard specialist to safely handle and remove what had been dumped there, it was finally cleared. Although it is a great example of people power and coming together to solve a problem that could not be solved otherwise, it should never have been necessary for local people to be forced into intervening. That is what enforcement failure looks like on the ground. It is not an abstract statistic, but ordinary people left to clean up after the criminals, simply because nobody else would. The scale of the problem stretches far beyond Glastonbury. Council figures show that 3,000 fly-tipping incidents were reported just last year in Somerset alone. Across England, there were 1.26 million reported incidents but just 1,377 initiated prosecutions. The average fine was a meagre £539, while fewer than 0.2% of incidents ever saw the inside of a courtroom. That is just the start of the problem. A BBC investigation at the end of last year identified 517 active illegal waste dumps across England. Eleven of them are what investigators call “super sites”. The largest is in Northwich and holds an estimated 280,000 tonnes of illegally dumped waste. That is not fly-tipping; that is industrial-scale organised crime happening in plain view. Just 13 custodial sentences were handed down for fly-tipping offences in England last year, while a massive 35% of waste crime is attributed to organised criminal gangs. The former chief executive of the Environment Agency called waste crime “the new narcotics”. While this SI fixes the front door, it is silent on who it brings to justice. That must be the criminals committing serious waste crime. A permit regime has the ability to stop a rogue operator registering, but it will never stop a criminal gang that were never going to register in the first place. Why would they, when they are making their millions in the knowledge that there is no fear of being caught? What assessment has been made of how this new permitting framework will improve detection and enforcement against the organised gangs already operating illegally, outside any system that the Government could permit them into? The Liberal Democrats have consistently set out what genuine reform looks like. It is not more law stuck on the statute book, when the powers to fine, seize vehicles and imprison for up to five years already exist and are barely used. What we require is proper resourcing and co-ordination to actually use those powers. That is why we call on the Government to go further. First, they should raise each fixed penalty notice for fly-tipping to £2,500, so that the penalty better reflects the profit being made. Secondly, the National Crime Agency or the forthcoming national police service must be given clear and unambiguous responsibility for investigating serious organised waste crime. There must be no more gaps in co-ordination among local police, the Environment Agency and our hard-stretched local authorities. Thirdly, we must introduce rewards of more than £5,000 for information leading to the successful prosecution of the criminal gangs behind sites such as Northwich. Fourthly, we must establish a single national reporting route for rural and waste crime, with one number and one point of contact, with automatic triage to the correct enforcement body. As it stands, the system gives a farmer in Somerset who finds waste dumped on their land no clear direction as to whether to call the unitary council, the Environment Agency or the police. That confusion is actively suppressing reporting, and with that comes the lack of enforcement. This SI is a genuine and welcome step. Risk-based permitting is well overdue. The Liberal Democrats will back the SI today, but my constituents in Glastonbury and Somerton and rural communities the length and breadth of the country need to know that criminals are not able to act with impunity, illegally dumping waste across the country. I hope that the Minister will confirm that today’s reform marks the start of that reckoning, not its conclusion.”