Steve McCabe MP questions Minister over fly tipping law which prevents groups being prosecuted for fly tipping

Steve McCabe MP has tabled a Parliamentary Question to the Secretary of State for Environment, Food and Rural Affairs asking what plans the Government has to review the existing law on fly tipping and waste offences which only allows local authorities to prosecute an ‘identifiable defendant’ for fly tipping.

Steve has been told by Birmingham City Council Regulatory Services that they were unable to take any enforcement action against travellers who set up illegal encampments in Stirchley and left all sorts of rubbish behind.

The Council told Steve that the criminal legislation requires proof beyond reasonable doubt of an identifiable defendant and will not permit attribution of ‘group’ responsibility or culpability. This means that local taxpayers are picking up the bill for groups who fly tip, such as the travellers who illegally occupied Council land in Stirchley.

Steve McCabe MP said:

“I do not think it is fair that groups can illegally move on to pieces of public land and when they are evicted leave it in a state. Twice this summer travellers illegally camped in an area in Stirchley and although they stayed less than a week each time the rubbish they left behind was unacceptable.

“When I asked the local Council what there were doing to take enforcement action against the culprits I was told they couldn’t because the law doesn’t allow for group responsibility.

“It is not fair that my constituents are picking up the tab for inconsiderate groups who think they can dump what they like and other people will pay. I am hoping the Government will look into this issue.”

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