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Dept for Environment Food and Rural Affairs

Answer

Mrs. Anne Campbell: To ask the Secretary of State for Environment, Food and Rural Affairs whether she plans to increase penalties for environmental pollution to create a greater incentive for companies to improve environmental performance. [129032] Mr. Morley: There are currently stiff penalties available under the Environmental Protection Act 1990. These offences on summary conviction can carry the statutory maximum, and on conviction on indictment, a prison sentence of up to two years or a fine or both. Defra is currently considering whether to introduce a sliding scale of penalties under section 33 to reflect the seriousness of fly-tipping offences. If magistrates do not consider their maximum fine to be high enough, a case can be referred to the Crown Court, who have unlimited powers. Penalties for environmental pollution can therefore be awarded to any level under the current system. Several steps have been taken with regard to sentencing and penalties. At the end of 2002, the Magistrates Association, in association with Defra, issued a guidance pack entitled "Costing the Earth" to all its members, highlighting the seriousness and costs of environmental crime. Defra also increased the amount for fixed penalty notices for litter and dog fouling offences to £50 on 1 April 2002, and through the Anti-social Behaviour Bill, proposes similar fixed penalty notices for minor offences of graffiti and fly-posting. We are also considering a possible role for the use of fixed penalty notices to help enforce duty of care legislation. Defra is also funding research looking at sentencing in environmental cases. This research should provide a robust basis with which to inform future discussion and policy-making.

Secondary information

Type

Written question

Reference

129032; 411 c299W;411 c303W

Session

2002-03

Subjects

Crime Companies Environment protection Environment Fines Pollution Punishment Pollution control Sentencing

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk