Written question asked by Richard Ottaway (Conservative) on Wednesday, 7 July 2004, in the House of Commons. It was due for an answer on Wednesday, 21 July 2004. It was answered by Elliot Morley (Labour) on Wednesday, 21 July 2004 on behalf of the Department for Environment, Food and Rural Affairs.

Dept for Environment Food and Rural Affairs

Question: To ask the Secretary of State for Environment, Food and Rural Affairs, if she will bring forward legislative proposals to make fly-tipping an arrestable offence.

Answer: Richard Ottaway: To ask the Secretary of State for Environment, Food and Rural Affairs if she will bring forward legislative proposals to make fly-tipping an arrestable offence. [183232] Mr. Morley: Under Section 33 of the Environmental Protection Act 1990 the illegal disposal of hazardous waste can incur imprisonment of up to five years on conviction on indictment. This automatically makes it an arrestable offence. Arrest without warrant can occur in relation to arrestable offences or in relation to non- arrestable offences in particular circumstances. It is open to question however, whether it would be possible to justify, by reference to the level of seriousness, making any act of fly tipping by itself an arrestable offence or one attracting a custodial sentence. However, my right hon. Friend, the Home Secretary, has indicated his intention under the Police Reform Act 2002 to conduct a public consultation on modernising police powers, which includes the intention to rationalise the powers of arrest.

Secondary information

Type: Written question
Reference: 183232; 424 c249W
Session: 2003-04
Subjects: Crime Enforcement Hazardous substances Fly-tipping Indictable offences Waste disposal
Link: View this Written question on www.publications.parliament.uk