SCOTS TORIES plan to introduce a Members Bill at Holyrood seeking the toughening of the law on fly-tipping.

Conservative MSP Murdo Fraser, who recently held a roundtable discussion with NFU Scotland, the Woodland Trust, Scottish Land and Estates, Police Scotland and Keep Scotland Beautiful to discuss ways to crack down on the crime, said: “I am focused on changing the law to clamp down on fly-tipping by toughening up fines to act as more of a deterrent, as it is apparent that the current penalties are not working.
“I am also keen to examine how we can shift the liability for cleaning up fly-tipping to the offenders who ditch the waste, instead of the current unfair practice where innocent landowners are accountable, and how to better collect information on fly-tipping.”

Read more -  Farmers bear the brunt of fly-tipping
The move was welcomed by Conservative MSP for Galloway and West Dumfries, Finlay Carson: “I will be supporting this bill wholeheartedly as I know just how big a problem fly-tipping has become not only within my constituency but all over the country.

"That is why I hope that this move gains cross-party support as it is something I am sure almost all of the MSPs have received complaints from their constituents surrounding indiscriminate dumping in towns and in the countryside.” 

A Scottish Government spokesperson responded: “Flytipping is illegal, selfish and dangerous and there is no excuse for it anywhere in Scotland. The Scottish Government has committed to publishing a refreshed and updated National Litter and Flytipping Strategy.

"We will publish a consultation later in the year to outline the key actions in the new strategy, including looking at where legislation may need reviewed or updated."

In April 2020, South of Scotland SNP  MSP, Emma Harper, laid a motion before Parliament, to raise concerns over illegal fly-tipping across Scotland and has since raised the issue directly with the Environment Secretary: “Fly-tipping is illegal and dealing with the issue – whether it be through having to clean up the mess left behind or catching and prosecuting those responsible – is putting additional strain on the resources available to local authorities who are already responding to the challenges presented by COVID-19. 
“I have written to Dumfries and Galloway Council to ask what further arrangements can be put in place to help people deal with additional household waste – particularly as the local authorities recycling centres are currently closed.

"However, the local authority is best placed to address this issue as staffing needs and suitable deployment of appropriate workers is a key issue in all refuse collection and disposal and I am keen to support the best decisions to be made. The new Government funding will also be helpful."

Read more - Calls for fly-tipping action

In England and Wales, higher fines for fly-tipping have also been proposed by the Local Government Association to act as a greater deterrent to future offenders. Proposed changes have been outlined in a letter to the Sentencing Council, which has been co-signed by the LGA alongside 158 local authorities and 10 professional bodies.

Currently, a deliberate fly-tipping offence which is deemed to incur ‘minor’ environmental harm brings with it a fine equivalent to 600% of weekly earnings. Based on average UK earnings, this should amount to over £3000, but from the 2671 court fines issued in 2019/20, the total value of these was £1,170,000 – an average of £438 per fine.

The LGA argues that current sentences fail to match the severity of the offence committed and do not act as a suitable deterrent. This is highlighted by the fact that almost 20,000 incidents of fly-tipping occur each week in England alone.

LGA environment spokesperson, Cllr Darren Rodwell, said: “Fly-tipping is inexcusable. Councils are working tirelessly to counter the thousands of incidents every year and are determined to crack down on the problem. However, prosecution requires a high threshold of proof and even when found guilty, the current fines fail to act as a deterrent," he continued.
“Fly-tipping currently costs local taxpayers almost £50 million a year to clean up which could be better spent on other vital services in our communities, but until the fine matches the crime, the burden will continue to fall on residents.
“We are eager to work with government to update its sentencing guidelines to ensure that those caught and prosecuted for fly-tipping receive significant fines that help to offset the huge costs to councils and ensure they never offend again,” he concluded.