Fixed Penalties
The question
To ask the Secretary of State for Environment, Food and Rural Affairs, if he will take steps with the Secretary of State for (a) the Home Department and (b) Housing, Communities and Local Government to ensure a consistent approach to preventing fixed penalty notices being issued by companies to generate (i) revenue and (ii) profit.
Answered by Mary Creagh
Existing guidance on enforcement of environmental offences for local councils makes clear that private firms should not be able to receive greater revenue or profits just from increasing the volume of penalties. This enforcement guidance, attached to the code of practice on litter and refuse, enforcement guidance is available at: https://assets.publishing.service.gov.uk/media/6683d9b24e8630de328546a1/Code_of_practice_for_litter_and_refuse__Part_1A.pdf
Local councils remain responsible for the whole enforcement process. Councils that outsource any area of environmental enforcement to private companies should ensure that the contractor fulfils all the requirements set down for the council itself.
Defra is currently considering whether to place this guidance on a statutory footing and is working with other government departments as needed.
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