My Lords, living in one local authority area during the week and in another at the weekend, I am very conscious that standards differ from one local authority to another.
It is a brave Minister, I know, who stands up to the Local Government Association embattled. The Government’s intention in these measures is to reduce the burden of regulation on householders. Representations were made on behalf of householders and, as the noble Lord, Lord Tope, has mentioned, there was also a press campaign which suggested that the threat of large fines and criminal convictions is disproportionate to what is often in the first instance a case of people making mistakes about which bin to put out when and what to put in each. Again, as the noble Lord has just said, that varies from one local authority to another. My family is lucky in that the two local authorities in whose areas we live are relatively permissive about where you put each particular bit of waste.
The noble Lord’s amendment would reduce the fines available to level 1 on the standard scale instead moving to a civil basis. The Government think that it is disproportionate for an individual to be treated like a criminal when they may make a mistake putting their bins out for collection, and it is not right that they risk a higher fine for making this type of mistake than they would, for example, for deliberate shoplifting.
I am conscious that some of my noble friends are concerned that this clause may increase burdens on local authorities. I reassure them that our proposals do not add significant burdens compared to how the current arrangements operate in practice. As always in questions of regulation and deregulation, there is the question of the balance of burdens. The Government’s view is that we should be concerned to reduce the balance of burdens on householders.
I am also aware that some of my noble friends are worried that this clause might have a negative impact on recycling rates. We are committed to meeting our recycling targets and, as the noble Lord, Lord Tope, has remarked, we have made considerable progress in recent years in that direction. The way to do this is to support people as they do the right thing rather than threaten them with criminal sanctions and fines of up to £1,000.
Currently, under Section 46 of the Environmental Protection Act 1990, householders are subject to criminal sanctions and a fine of up to £1,000 if they do not comply with local authority requirements for presenting
their waste for collection. In contrast, a shoplifter may be issued with an £90 penalty notice for disorder for their first offence. The Government’s argument is that it is disproportionate for an individual to be treated like a criminal when they make a mistake putting their bins out for collection, and it is not right that they risk a higher fine for making this type of mistake than for shoplifting.
Nevertheless, we recognise that local authorities need some powers to deal with people who spoil the local area by the way they put out their waste, which is why the clause provides for a civil sanctions regime. Under this system, fixed penalties between £60 and £80 will be available if a person has failed to present their household waste as required, and this failure causes a nuisance or is detrimental to the locality. This is what we refer to in shorthand terms as the “harm to local amenity” test, covering such things as putting waste out in a way that causes obstruction to neighbours, unreasonably impedes access to pavements, attracts foxes, rats or other vermin, or is an eyesore.
We expect local authorities to use effective communications to ensure that householders know what they can recycle; for example, by making it easier to know which plastics go in which bin. On the balance of the evidence presented in response to the consultation exercise, which the noble Lord, Lord Tope, raised, I will have to write to him.
I make it clear that we intend to retain the current criminal system applying to commercial waste. The sanctions available to combat more serious offences like fly-tipping are also unaffected by the provisions in the Bill.
The noble Baroness, Lady Hanham, raised Schedule 11, which amends the London Local Authorities Act 2007 and gives London authorities similar powers to issue penalty charges to householders. We are amending the London Local Authorities Act so that civil sanctions and financial penalties will be imposed only if a householder fails the “harm to local amenity” test, and the level of penalties will be the same as under the Environmental Protection Act. In effect, the same provisions will apply throughout England. There will therefore be a degree of standardisation. I hope that this may persuade the noble Lord to withdraw his amendment.