French sociologist Émile Durkheim identified the breakdown of moral values and standards in 1897. He believed this ‘anomie’, as he called it was due to the link between the individual and society weakening. We see signs of this same trend when we consider fly tipping and littering in England. It really does sometimes seem some people no longer care.
Let’s Distinguish Between Fly Tipping and Littering
WHAT EXACTLY IS FLY TIPPING?
The House of Commons Library describes ‘fly tipping’ as ‘the illegal disposal of industrial, commercial, and dumped household waste’ or other materials of concern. This discarded matter includes ‘garden refuse, and larger domestic items such as fridges and mattresses’ too. Hence we are speaking of a thoughtful, deliberate violation of the environment.
WHAT EXACTLY IS LITTERING THEN?
Littering, on the other hand is a more careless and thoughtless crime. That’s because it is mainly trash cast aside after smoking, eating and drinking according to the House of Commons Library. Those anti-social acts are one of the most significant low-level environmental crimes affecting United Kingdom, it says.
The Extent of Fly Tipping in England
Government statistics for the 2020 / 2021 planning period reveal several alarming facts. These include:
- There were 1.13 million reported fly tipping incidents that local authorities dealt with during the period. This was a 16% increase over 2019 / 2020.
- Some 65% of these involved dumped household waste. There were 737,000 occurrences during 2020 / 2021, compared to 635,000 the previous year.
ENFORCEMENT AND PROSECUTION OF OFFENCES
The House of Commons Library report reveals many fly tipping crimes may never be prosecuted, because of divided responsibilities as follows:
- Local authorities, for example those in Greater London Towns of Beckenham and Mitcham have responsibility for investigating and removing small-scale waste dumped on public land.
- But the Environment Agency has the lead when it comes to larger-scale fly tipping. This is typically more than a lorry-load of waste, although their remit also includes hazardous waste and fly-tipping by organised gangs.
- However, neither of these authorities may become involved without charging when it comes to private land, including farms and smallholdings too. In these cases unfortunate landowners are largely on their own, and have to deal with the waste pollution themselves.
To make things even tougher for private property, the House of Commons Library report reveals local authorities and Environment Agency officials have the right to clear the fly-tipped waste if the landowner ignores it, and can charge them for doing so too.
LITTLE CONTROL OVER FOLLOW THROUGH EITHER
Fly tipping penalties appear to be up to the enforcement authority concerned. There is no minimum fine under Section 33 of the Environmental Protection Act for unlawfully dumping waste.
Courts make their own independent decisions when sentencing criminals for these offences. They also have freedom to decide between fixed penalty notices and confiscating vehicles.
They can even fine innocent third-parties up to £400 if their contractor dumps their household waste. Meanwhile, the vast majority of actual offenders evade prosecution and live to fly tip again and again.
The Extent of Littering in England
A separate UK House of Commons Library report finds the definition of ‘littering’ confusing too:
- There is no official statutory definition of litter, it says. But it is most commonly assumed to include materials that are improperly discarded.
- The four most littered items are smokers’ materials, confectionery packs, non-alcoholic drinks, related litter, and fast food-related packaging.
Law enforcement efforts also appear to be ineffective, given that 87% of people in England still say they are angry and frustrated by the amount of litter in the country. Local government efforts are somewhat obscured, as they often include clearing litter in their street cleaning budgets.
The Official Policy on Littering in England
More role confusion between departments follows when we learn:
- The Department for Environment Food and Rural Affairs takes the policy lead on litter.
- But the Department for Communities and Local Government also plays a leading role.
- Since it is responsible for clearing up, although local councils primarily bear the cost of litter.
- While the Department of Transport’s Highways England is responsible for cleaning roadsides.
The 2017 Litter Strategy for England sets out guidelines detailing how the government works with groups and businesses to reduce litter. The more we explore, the more we find how disconnected and haphazard this is.
Prosecution: The Short Arm of the Law
Penalties for fly tipping and littering hardly act as deterrents to cowboy operators muscling in on the legitimate, caring house clearance industry such as we are. A court may impose a maximum fine of £2,500, although councils often dodge the paperwork by issuing fixed penalty notices between £50 and £80.
Their empathy and understanding of the stresses and strains of house moving was outstanding; they even brought the garden up to a high standard for handover. The house was left immaculate … I cannot praise Avery Associates and his team enough; they were simply incredible. (Ted Hackett)
Preview Image: Beach Litter Near Horsey Gap (Phil Champion BY CC 2.0)
