I am, and in certain cases the police might prosecute if it is something more dangerous. National Highways can pass the information to local authorities so that they can prosecute. For the fly-tipping of some larger items, where for example people pull up at the side of the motorway and dump large quantities of rubbish, although the financial responsibility for clearing it up would be with National Highways, the local authorities could prosecute. For local authorities, it could be a win-win in terms of prosecution. National Highways clears it up, but the local authority can issue fixed penalty notices. Government guidance is available for local authorities on dealing with litter and issuing fixed penalty notices in the code of practice on litter and refuse.
Litter may also fall from vehicles that have insufficiently secured loads, as hon. Friends mentioned. That comes under section 8 of the Road Traffic Act 1991, and enforcement in that area is conducted by the Driver and Vehicle Standards Agency and the police, as it is a more serious offence. Road users can contact the DVSA if they wish to report incidents. Hon. Members will probably be aware of people increasingly using dashcams to make such reports to the police and local authorities.
National Highways works with local authorities and the DVSA to ensure that enforcement is carried out where particular issues are evident. That has included providing evidence to local government and the police authorities from its camera network. That is the most effective method of enforcement, because the police and other authorities can look at a range of potential infractions in one go, rather than National Highways doing so in isolation. Currently, National Highways does not have the power to issue fines or prosecute, as it is not an enforcement agency; its focus is on safety and maintaining the road network.
The Government have no plans to give National Highways enforcement powers in tackling litter offences; however, the company is keen to use technology to help transform the roads it manages and create a road network that supports a modern country, and it is keen to work
with local authorities to prosecute. I undertake to write to all local authorities after today’s debate to say, “When National Highways pass information to you, please do use it to prosecute,” so that they are all in the same space on that. In answer to the point made by the hon. Member for Sheffield, Brightside and Hillsborough, National Highways does not itself issue fines; it is up to individual local authorities to do so.
The Government and National Highways are exploring the potential to harness technology to tackle littering, such as using numberplate recognition cameras for littering enforcement and to influence littering behaviour. We are trialling the use of geofencing to push anti-littering messages to customers’ devices at 29 lay-bys on the A50 and the A180. In lay-bys where no bins are provided, we will push the message to encourage people to take litter home. Where bins are provided, their use will be encouraged. That activity will also enable us to better understand lay-by use. We will help to monitor those messages and their impact on the build-up of litter.
In partnership with East Hampshire District Council, in one of the more interesting developments in this space, we will shortly trial the use of CCTV to capture evidence of people littering in lay-bys in the south-east. We often have more issues in those lay-bys when there is stationary traffic. That is also one of the reasons more issues tend to occur at road junctions. East Hampshire will then issue fixed penalty notices or pursue prosecution —some cases will be very egregious—as appropriate. National Highways is unable to do that, because it is not the litter authority, but it wants to work with the council on it. Litter and vegetation will be cleared at sites so we will have the best ability to monitor the effectiveness of this approach. I will monitor the issue closely and, if it works well, I will happily look at rolling the pilot out more broadly to other local authorities across the country that are keen to do more work in this area.
We have also looked at using dashcams on National Highways vehicles, as well as artificial intelligence from moving vehicles. However, we have not yet found a cost-effective approach that works on littering.
For any approach to work, we need the relevant litter authority to partner with National Highways. I really hope that more local authorities will follow the lead of those local authorities who are working with us on this.
I will write to my right hon. Friend the Member for Hemel Hempstead on driver awareness courses for littering offences. There have been some increases in fines in recent years, and I will write to him on what we are doing in that space as well. On community service, I will make sure that National Highways reaches out to authorities more, particularly post pandemic.
Let me finish by reaffirming my thanks to colleagues for this insightful debate. I hope that my right hon. Friend is satisfied, at least to some degree, with my response, which makes clear that we recognise the importance of tackling litter and holding National Highways’ feet to the fire to do more in this space.
The hon. Member for Sheffield, Brightside and Hillsborough mentioned the deposit return scheme. I understand her criticism. It is important that we get it right. We can see from what has happened in Scotland that not getting it right can cause more problems than it addresses. I want to make sure that we are in the right place on that scheme.
On private company contracts, my understanding from a conversation I had earlier today is that some of those privately managed contracts on parts of the motorway are in areas that are most clear of litter. If I find any specific issues on those contracts, I will write to the hon. Member for Sheffield, Brightside and Hillsborough.
We will continue to work hard to support the Government’s wider ambitions around litter. We are confident that National Highways shares that ambition. As we move forward, it is important to continue to improve how we can hold it accountable for preventing and tackling litter on England’s strategic road network.
5.52 pm