Towards a Litter-Free Scotland. Consultation on a strategy to tackle and prevent litter and flytipping

Transcription

1 Towards a Litter-Free Scotland Consultation on a strategy to tackle and prevent litter and flytipping

2 Contents 1. Executive summary Foreword Introduction - why is tackling litter and flytipping a priority? Key consultation information Strategic Approach Strategic Direction: Information Strategic Direction: Infrastructure Strategic Direction: Enforcement Conclusion How to respond to this consultation Consultation arrangements and Respondent Information Form

3 1. Executive summary This National Litter Strategy consultation takes forward our commitment to tackle litter - helping to create the cleaner, safer communities we all need. This is a priority because a poor-quality environment affects us all at social, economic and environmental levels. The consultation therefore presents measures designed to prevent litter and flytipping. It will complement Scottish Marine Litter Strategy proposals. We want this programme to enhance and reinforce work already underway across public, private and third sector organisations. The consultation outlines support for practitioners and stakeholders, through to 2020, with a focus on influencing individuals to take more responsibility. Actions are set out under three strategic directions: Information: communication, education and support for business Infrastructure: providing/servicing bins, product design, guidance and future funding Enforcement: improving the effectiveness of legislation and training Our approach is informed by Zero Waste Scotland s new research: Scotland s Litter Problem: the scale and cost of litter and flytipping. As well as looking at clean-up costs and approaches in other countries, this examines the effects of Scotland s litter problem on areas such as crime, health and well-being, accidents and house values. The consultation sets out actions under the following headings: Strategic approach Our proposed vision, mission, values and objectives outline our goal of a cleaner, safer Scotland, our approach to delivering it, and the outcomes we want to achieve through the final National Litter Strategy. Action 1 Information strategic direction Improved communications to influence behaviours - explaining people s responsibilities, why this issue matters and highlighting the personal consequences of being caught. Action 2 Educational resources to help develop long-term attitudes to disposing of waste responsibly. Action 3 Supporting businesses to play their part, with online training materials and a scheme to recognise organisations efforts to reduce litter. Actions 4 and 5 Infrastructure strategic direction Reduce waste through product design by working with producers to design commonly-littered waste out of products and packaging. Action 6 3

4 Increase recycling facilities within in busy public places: expand the number of recycling bins and the range of commonly-recycled materials. Action 7 Reduce accidental/wind-blown litter from waste collection and recycling by identifying and encouraging best practice. Action 8 Improve guidance for litter practitioners to help them deliver their responsibilities most effectively, in line with the final Strategy. Action 9 Develop monitoring systems to track progress and identify future priorities. Action 10 Support communities who want to take local action empowering them to tackle litter and flytipping and take greater responsibility for the quality of their local environments. Action 11 Future funding prioritised on activity which supports the overall strategy and explains the approach to the public. Action 12 Further work to understand flytipping issues to drive the development of flytipping-specific interventions. Action 13 Enforcement strategic direction Strengthen the Fixed Penalty Notice system to provide the necessary tools to discourage offenders and improve payment rates. Action 14 Increase litter and flytipping Fixed Penalty levels - from 50 to 80 for litter, and to 200 for flytipping - to discourage future offending. Action 15 Improve litter enforcement training to make sure local delivery is as effective as possible. Action 16 Identify future enforcement system improvements which will help make enforcement a more effective deterrent. Action 17 Conclusion The National Litter Strategy consultation puts forward a package of measures designed to complement and reinforce each other. These will challenge individuals who litter and flytip, support those who already dispose of their waste responsibly and encourage more recycling. The approach encourages personal responsibility and provides businesses and other organisations with new and enhanced tools to help influence people to dispose of their waste properly. We want the final strategy to achieve significant reductions in the scale of Scotland s litter and flytipping problem. That s because - as Zero Waste Scotland s research highlights - clean, safe communities have wider social, economic and environmental benefits for us all. 4

5 2. Foreword Scotland is a magnificent country. Its outstanding natural beauty, landscapes and biodiversity are recognised across the world. Keeping Scotland free from litter and illegal dumping is central to everyone s need for clean, safe spaces. It contributes to fantastic places to live and work, protects our natural assets and draws world-wide visitors which boosts local businesses and our wider economy. New research, which underpins this consultation, highlights that taking pride in our environment matters to us all with strong social, economic and environmental reasons to prevent litter and flytipping. We currently live with the consequences of around 250 million highly-visible items of litter each year - with unwelcome implications for health and wellbeing, crime, property values, wildfires, pests and even road accidents. Significantly, people who litter or are involved in flytipping place a massive burden on us all, with more than 50 million currently spent on tackling the problem, and at least a further 25 million addressing its wider consequences. This is waste no society should tolerate. The litter problem could be turned into a resource for Scotland. At least 1.2 million worth of extra material could be recycled every year recycling litter will contribute to a low-carbon economy and help to reduce harmful greenhouse gases. However, with 50 per cent of the population admitting to dropping litter, we need to achieve significant change. This consultation sets out how we can build on action and investment to date. Our focus is on prevention: helping people understand why binning their waste matters, and providing the bins and services that help them to do so. Littering and flytipping are crimes and effective enforcement also has an important role in reducing future offending. We want your input to help shape a National Litter Strategy which will support communities, councils, charities and others in motivating people to dispose of waste responsibly through to It will complement proposals for the Scottish Marine Litter Strategy, currently being consulted on, which aims to address litter affecting marine and coastal environments. There is no better time to act as we celebrate the 2013 Year of Natural Scotland and prepare to welcome the world in celebrating our second Year of Homecoming and hosting the Commonwealth Games and Ryder Cup. Working towards a litter-free environment benefits us all, supports wider action to respect each other s needs and builds a society which makes wise use of its resources. I look forward to hearing your views. Richard Lochhead Cabinet Secretary for Rural Affairs and the Environment, June

6 3. Introduction - why is tackling litter and flytipping a priority? 3.1 This consultation is a draft National Litter Strategy for Scotland which will help explain to individuals the benefits of a clean, safe environment. It is designed to encourage people to take greater responsibility, and for organisations to be more accountable, as part of our overall focus on preventing litter and illegal dumping. 3.2 The main evidence for this consultation is Zero Waste Scotland s report: Scotland s Litter Problem. The scale and cost of Scotland s litter and flytipping, to which all footnotes relate. This indicates, for the first time, the scale of the problem: 50% of the population admit to having littered at some point. More than 250 million individual litter items - and more than 60,000 flytipping incidents are dealt with by public bodies each year. Around 25 per cent of Scots - one in four of us - see litter as a problem in our local communities. Littering by individuals (which affects 98% of survey sites) is often habitual or caused through thoughtless actions, whilst flytipping (which tends to be more localised) is premeditated and deliberate There are multiple consequences of litter and flytipping, contributing to crime, ill health, accidents and lower property values. The wellbeing of individuals can be deeply affected by these issues. Furthermore, as a society, we pay to deal with these effects - more than 25 million a year. And at least a further 50 million is spent on direct clean-up costs, education and enforcement Over and above these costs, further value is being lost to Scotland because around 80 per cent of litter here could potentially be recycled. Recycling can turn the problem of litter into a resource generating 1.2m for our low-carbon economy. 3 Our proposed approach 3.5 We are consulting on a package of measures which build on existing actions; recognising the efforts of a range of organisations - including local authorities, Zero Waste Scotland, Keep Scotland Beautiful and Scotland s justice system - which aim to educate, provide facilities and enforce the law. The current delivery structure and legislation is summarised as a separate Supplementary Information document (available from the Scottish Government s website). 1 Scotland s Litter Problem research, sections, 1.3, 3.2.1, 3.3, 4.1 and Scotland s Litter Problem research sections 4.4 and Scotland s Litter Problem research sections and

7 3.6 The consultation outlines a strategic approach to be taken forward under the three broad areas of: Information Infrastructure Enforcement. 3.7 It proposes actions in each area which complement and reinforce one another, including some actions we have already decided to progress. However, we are looking for feedback on how best to do so. We are keen to work with stakeholders and delivery partners to develop the approach - both on particular aspects and on the strategy as a whole. 3.8 Reducing litter and flytipping clearly supports our National Outcome: We value and enjoy our built and natural environment and protect it and enhance it for future generations. It also contributes to our National Indicator to: increase the percentage of adults who rate their neighbourhood as a good place to live. 4. Key consultation information Scope 4.1 The National Litter Strategy will include measures to reduce litter and illegal dumping of waste, and increase recycling. 4.2 It deals with problems on land, but recognises that these can also affect our marine environment. The consultation therefore sits alongside our Marine Litter Strategy consultation which focuses on our seas and coasts. 4.3 It covers litter and flytipping caused by people: waste in the wrong place (not disposed of responsibly). Dog waste, fly posting and graffiti are not directly within the scope of this document. However, respondents are welcome to identify cross-overs. Which behaviours and audiences are we addressing? 4.4 Zero Waste Scotland s research explores littering behaviour. It points to triggers for littering behaviour which can reflect a range of factors including where we are, the waste we want to get rid of, who we are with and what facilities are available The presence of litter can give a signal that littering is acceptable behaviour - people may think that their additional littering will not make a difference in an already dirty area. People may also litter because they believe that is it someone else s responsibility to clean it up. 4 Scotland s Litter Problem research section 5.1 7

8 4.6 Research suggests that young people, men and smokers are more likely to litter than others. However, no single group or demographic are inherent litterers and one of the key research findings is that it may be better to think about incidents of littering, rather than litterers. 4.7 Laziness is frequently cited as a reason for littering, with excuses of bins being unavailable or overflowing, and the need to be rid of rubbish as quickly as possible (the ick factor). 4.8 The research highlights three litter types related to some of these activities 5 : Cigarette litter (cigarette ends and packaging) is the most prevalent type of litter Litter from food and drink consumed on the go Roadside litter 4.9 Flytipping has very different causes than littering. The consultation proposes to explore flytipping behaviour in detail separately (Action 13). What does success look like? 4.10 We want the National Litter Strategy to start making a difference from 2014 with: A shift in attitudes - with litter and flytipping seen as unacceptable Visible reductions in litter and flytipping Reduced clean-up costs Less waste becoming litter and more materials recycled The approach will support sharing of good practice and will complement wider measures, such as: Action to reduce the number of carrier bags Recycle on the Go projects in busy public places Recycle and Reward pilots which provide an incentive to recycle drinks containers when people are out and about The Regulatory Reform (Scotland) Bill proposals to give the Scottish Environmental Protection Agency (SEPA) a greater range of enforcement measures for offences including flytipping The Landfill Tax (Scotland) Bill proposal to tax illegal dumpers - a major change to the current UK tax system (which only taxes legal activities) The current delivery structure and legislation is summarised as a separate Supplementary Information document. 5 Scotland s Litter Problem research section

9 Engagement with stakeholders to date 4.13 In addition to the Zero Waste Scotland research, our consultation actions have already been informed by dialogue: With litter practitioners - the Transport Litter Group, Scottish Flytipping Forum, a local authority short-life working group on litter and organisations affected by litter, such as the National Parks Authorities At a National Litter Summit in March 2013 With key stakeholders from public, private and third sectors. Indicative timetable 2013 Summer Consultation and on-going delivery 2013 Autumn Response analysis and on-going delivery 2014 Spring/summer Publication of strategy and implementation 2015 Implementation Implementation, delivery and strategy review Refined strategy implementation 2020 Strategy evaluation Related consultation documents 4.14 A Strategic Environmental Assessment (SEA) and partial Business Regulatory Impact Assessment (BRIA) will be published alongside this document at the consultations section of the Scottish Government website. These will be reviewed and if necessary updated for the final strategy Alternative formats or translations into other languages are available on request (contact details follow below). Next steps 4.16 We will refine our strategy in light of comments received during the consultation and other emerging evidence, such as the evaluation of Zero Waste Scotland s litter and flytipping projects This consultation is running in parallel with the Marine Litter Strategy consultation The Zero Waste team welcomes enquiries from organisations that would like to receive a short presentation on the consultation during August and early September (2013) Please contact: Adam Sinclair Zero Waste Delivery Team, Scottish Government, Environmental Quality Division, Area 1-H North, Victoria Quay, Edinburgh, EH6 6QQ EQ_CAT@scotland.gsi.gov.uk 4.20 Please note that the closing date for responses is: Friday 27 September Early responses are appreciated. 9

10 5. Strategic Approach 5.1 We want to be clear about the strategic vision, mission, values and objectives for tackling litter and flytipping. Our guiding approach to litter and flytipping is prevention. We want to: Help people understand why binning waste responsibly matters Make it easy to do so Encourage good habits Highlight that littering and flytipping are socially unacceptable. Action 1. The Scottish Government will develop a strategic vision, mission, values and objectives to guide the National Litter Strategy development. The proposed text for these is set out in italics on this page and the next. 5.2 Vision To meet people s need to dispose of waste responsibly, delivering a significant reduction in the amount of litter and flytipping between now and 2020, which supports cleaner, safer communities throughout Scotland. 5.3 Mission To provide leadership to land managers, local authorities, organisations with corporate responsibilities and other stakeholders that supports their delivery roles in influencing behaviour to a cultural shift towards the responsible disposal of waste. 5.4 We will work with stakeholders to identify, anticipate and meet people s needs through interventions that make it easy for organisations and individuals to dispose of waste in ways that contribute to higher levels of recycling and value recovery whilst reducing the cost to the taxpayer. 5.5 Values The values that will underpin the National Litter Strategy are: Personal responsibility and shared accountability - to protect and improve the quality of Scotland s environment Effectiveness - we focus on doing the right things well Targeted - we make effective use of resources Responsiveness - to people, visitors to Scotland and litter practitioners needs Safety - no one should be at risk of harm in delivering interventions. 10

11 5.6 Draft objectives The following will be refined and clarified within the final version of the National Litter Strategy. Action 10 covers how these objectives will be measured. Short-term delivery: To build on existing legislation and structures to enable efficient and effective clean up and appropriate enforcement action ahead of and throughout Medium to long-term interventions: To support greater personal and organisational responsibility (working in partnership with stakeholders to develop and communicate this, highlighting the importance of litter-free urban and rural environments). Personal responsibility: To foster new social norms so that people appreciate that individual actions to dispose of waste responsibly (recycling where practicable) helps make our communities attractive places to live, work and invest. Local authorities, land managers and waste management industry: Through Zero Waste Scotland to provide targeted support to these key stakeholders, encourage partnership working (during 2014 and for longterm strategy implementation) and including infrastructure where necessary. Business and corporate responsibility: Through Zero Waste Scotland to engage businesses in tackling litter locally and nationally through staff training, customer engagement and product development by Third sector and community groups: Through Zero Waste Scotland to provide practical advice to charities, Non-Governmental Organisations and local volunteers so that efforts to tackle litter and promote recycling can be integrated into their activities and communications, by Financial: To devise interventions that provide value for money, from initial shortterm investment, ahead of and during 2014, to longer-term action which will, by 2020, lower costs for cleaning up litter and flytipping. 5.7 The objectives will be taken forward as actions under three strategic directions: Information, Infrastructure and Enforcement. We believe that integrated activity across all these areas is the best way to influence people s attitudes and behaviours to achieve our vision. 11

12 6. Strategic Direction: Information 6.1 To encourage positive waste disposal behaviours by providing information that directly influences people through communication, education resources and broader information channels. 6.2 This strategic direction recognises that effective information can help develop a shared understanding of acceptable behaviour (social norms). This is central to motivating people to litter and flytip less and recycle more A co-ordinated approach, with consistent messages, delivered by a range of organisations will help people to understand what they need to do and why (Actions 2 and 3). We want to reinforce the positive behaviour of binning waste responsibly and help publicise enforcement activity to make it a more effective deterrent Businesses and other organisations can play an influential role in reducing litter, and therefore its cost to them 8. (Actions 4 and 5). 6.5 This approach will also complement the Eco-Schools programme in Scotland, run by Keep Scotland Beautiful with Scottish Government funding. Action 2. Communicate positive behaviours throughout Scotland. Zero Waste Scotland will work with stakeholders to improve existing litter and flytipping communications. This will involve the development of a toolkit to help councils, businesses and others to update their communications materials. This local communication will link into a national anti-litter communications campaign that we intend to deliver, working closely with our partners. 6.6 We want everyone to be more aware of the impact of litter and better motivated to dispose of their waste responsibly. Communications will draw on Zero Waste Scotland s research and be consistent with the Scottish Government s Low Carbon Scotland: Behaviours Framework. 6.7 This is an early priority. While we welcome feedback on the best approach, we are not consulting on the principle of improving communications or running a national campaign. Action 3. To raise awareness of litter-related issues through education resources for 3-18 year olds. The Scottish Government will work with Education Scotland to develop educational resources for teachers, focusing on how learning can influence long-term positive attitudes to disposing of waste responsibly. The approach will explore links with environmental and sustainability education initiatives including the Eco-Schools programme. 6 Scotland s Litter Problem research sections Scotland s Litter Problem research sections and Scotland s Litter Problem research section

13 6.8 This is a long-term action which we want to reflect within the final National Litter Strategy. The expected outcome is that materials will support lifelong non-littering behaviour. Action 4. Explore the potential to update or develop online training materials to help businesses, and other organisations, to reduce litter associated with their activity. Exploring existing programmes, such as Zero Waste Scotland s On Course for Zero Waste and SEPA s forthcoming NetRegs Duty of Care e-module with a view to helping to assess how they can contribute to the reduction of litter through: Resource efficiency (E.g. reducing packaging or food portion sizes) Improving understanding of legislation and related guidance (E.g. keeping premises and surrounding areas litter-free and what is required by duty of care ) Offering staff guidance on issues such as how to engage with customers to encourage them to recycle old products and packaging, and deal with complaints about litter Promoting action through Corporate Social Responsibility (CSR). 6.9 Starting this work will be an early priority although its completion will need to join up with other actions, particularly the review of guidance (Action 9). The expected outcome is that businesses will be more aware of their responsibilities, and of opportunities to encourage customers and staff to manage their waste responsibly (including recycling). Action 5. Pilot a recognition scheme which provides support to businesses and other employers to ensure that their staff set a good example and are aware of the consequences of littering. It should enable employers to take the credit for participating. Building on initiatives such as the Green Tourism Business Awards and the Considerate Constructors Scheme, employers can enhance their image and help reduce any clear up costs. This scheme will promote good practice and help identify participating organisations, giving people the confidence that should they see a member of staff littering, or complain about a littered location, it will be followed up This is an early action. We are interested to hear whether organisations would find it valuable to develop such an approach We would want such a scheme to help employers be more aware of their responsibilities and how they can support people to dispose of their waste responsibly, and to receive public recognition for acting proactively. 13

14 7. Strategic Direction: Infrastructure 7.1 To make sure that it is easy for people to dispose of their waste responsibly, maximising its recycling potential and building on existing infrastructure. 7.2 This strategic direction identifies the logistics and processes that will make it easy for people to use a litter or recycling bin, and points to work with communities who want to make a difference in their local areas. 7.3 Local authorities and businesses have to make decisions about what type of bins to provide and where, emptying frequencies, performance monitoring and staff training. These choices all have cost implications, but investing in clean places discourages littering Zero Waste Scotland s research also points to the opportunity for product and packaging design to help reduce litter and flytipping. Through removing unnecessary materials, and through effective customer messaging. 10 Action 6. Look at how product design can help reduce litter. We are already working with grocery retailers, brands and others to reduce the carbon impact of packaging and promote recycling. We propose to build on this work to also reduce the litter impacts of key products. This will include looking at ways for businesses to best communicate with customers on the correct disposal of products and packaging. We would focus on key items commonly found as litter or as a result of flytipping, and work with manufacturers and retailers to limit their harmful effects. This could link to the development of online training materials (Action 4) and a pilot recognition scheme (Action 5). 7.5 This is an early action. The expected outcome would be to support business to produce smarter, more recyclable products and packaging that reduce unnecessary waste and reduce the likelihood of it becoming litter. Action 7. Help people when they are out and about to recycle more, through Zero Waste Scotland support for local authorities and others with litter control responsibilities. The support offered will involve: Looking for opportunities to recycle greater volumes and new types of material. (For example, trialling new technology such as smart bins which can crush waste to increase bin capacity and new ways to process less-commonly recycled items such as cigarette ends). Continuing support for Recycle on the Go to encourage a further increase in the number of these easy-to-use, conveniently located recycling facilities in busy public places across Scotland. 9 Scotland s Litter Problem research section Scotland s Litter Problem research section

15 7.6 Around 80 per cent of litter consists of potentially recyclable material with the most common items being food waste, paper and card, plastics and cans This is an on-going action. Its expected outcome is to increase the volume and range of materials recycled when people are out and about. Action 8. Work to reduce accidental littering/wind-blown material from household and commercial waste bins, recycling containers waiting to be collected and waste collection vehicles. We propose to work with Zero Waste Scotland, SEPA, local authorities and the resource management sector to pilot new approaches to minimise the potential for material escaping. This would involve identifying and promoting best practice across urban and rural areas and providing the evidence that waste managers need to make improvements. This will include looking at the powers of local authorities under the Environmental Protection Act to ensure the appropriate placing of waste bins and recycling containers for collection. 7.8 Waste spilled during collections, or escaping from overfilled bins, can contribute to litter levels, especially during windy weather. 12 This is an early action. We are interested to hear from organisations that believe they have innovative, creative and practical solutions to share. 7.9 The expected outcome would be to reduce litter resulting from domestic and commercial waste materials that have been presented for collection. Action 9. Review guidance to help organisations with clean-up responsibilities to do so effectively and efficiently. The Scottish Government and Zero Waste Scotland will work with stakeholders to review the Code of Practice on Litter and Refuse (Scotland) We want to update and clarify litter duty body responsibilities and good practice to make the guidance as useful as possible. The review will consider: Which organisations and land managers the Code of Practice should include, what they should do to reduce litter and flytipping, increase recycling, and achieve high standards of cleanliness How to make smarter use of existing powers Best practice within litter planning and management The potential for joint working/sharing of resources The value of extending formal monitoring and reporting to additional litter duty bodies Litter practitioners should have access to effective guidance and training which reflects the final National Litter Strategy. We welcome views on 11 Scotland s Litter Problem research sections and Scotland s Litter Problem research section

16 these priorities for improving the guidance and suggestions from litter duty bodies and others regarding improvements to the current Code of Practice This would be a medium-term action to reflect the final National Litter Strategy. The expected outcome is clarity on roles and responsibilities and greater transparency in demonstrating progress and performance The review will link to waste collection (Action 8), monitoring (Action 10), future funding (Action 12) and enforcement training review (Action 16). Action 10. Develop a robust monitoring system, working with stakeholders, to measure the impact and progress of the final strategy. Zero Waste Scotland will work with stakeholders to identify and pilot local and national approaches to track progress within the public and private sector. It will look at what informs progress on the delivery of the final strategy s objectives (Action 1) and three strategic directions. This work will consider and (where appropriate) link with existing monitoring through SEPA and the Scottish Household Survey. It will establish quantitative and qualitative measures. An overall monitoring approach might include: Claimed personal behaviour (population survey) Perception of litter as a problem (Scottish Household Survey) Actions taken by targeted businesses (business survey) Stakeholder perception / satisfaction (survey) Effective monitoring will be important to track the strategy s progress and help identify future priorities The strategy will be reviewed mid-way in 2016/17 and evaluated after Linked to the guidance review (Action 9), this would be a medium-term action reflecting the final National Litter Strategy. Action 11. Support community action. This contributes to better placemaking so that new and regenerated communities are attractive places to live, work and invest. We already support community action. Zero Waste Scotland is set to fund community clean-ups under Keep Scotland Beautiful s Clean Up Scotland campaign. Zero Waste Scotland s litter and flytipping innovation grants (during ) have made a real difference in many areas and will provide valuable evidence to help target future local action. Zero Waste Scotland will build on this to help support local action on clean up, prevention and reporting of problems. This will include making litter and flytipping part of Zero Waste Scotland s wider community engagement work. 13 Scotland s Litter Problem research section

17 7.16 Fostering a sense of pride in, and ownership of, a location may help reduce littering This is an early priority. The expected outcome is that communities will be empowered to tackle litter and flytipping and take greater ownership of the quality of their local environments. It links to communications (Action 2) and future funding (Action 12). Action 12. Focus future funding on projects that support the strategic directions and consistency of delivery. Zero Waste Scotland will include National Litter Strategy support projects and funding opportunities in planning its annual programme. For example: Information: Developing a communications toolkit (Action 2), supporting organisations in communicating their litter messages and to support community empowerment (Action 11), develop a new e-learning module and pilot a recognition scheme (Actions 4 and 5). Infrastructure: Pilot litter and flytipping prevention action on the transport network - to reduce waste through preventative engineering, such as height barriers, and recycling infrastructure, especially near key transport hubs (building on Recycle on the Go investment to date). This will focus in the first instance in litter and flytipping hotspots. Enforcement: Potentially offering additional short-term support to boost the deterrent effect of enforcement in litter hotspots, so that people appreciate there is a real risk of being caught. Zero Waste Scotland will also pilot support for councils in targeted areas to test how best to influence behaviour and raise the profile of the issue locally. A fund could also support the communication of changes to enforcement including any increase to Fixed Penalties, for example new signage. Funding projects that trial innovative measures to tackling litter and flytipping should continue to be an important part of Zero Waste Scotland s work. However, as a requirement of receiving funding, we are considering asking organisations to define and publish how their approach reflects and supports the delivery of the final National Litter Strategy. This would provide clarity on what people can expect of the funded organisation and how they will demonstrate progress. Zero Waste Scotland may provide a template covering key items. For example, the Recycle for Scotland and Recycle on the Go brand guidelines for materials and infrastructure, opting in to any national communications initiatives (Action 2), adopting best practice and updated guidance (Action 9) and monitoring and evaluation (Action 10). 14 Scotland s Litter Problem research section

18 7.18 While we understand the need for local solutions to local problems, there is also a case for using the leverage of Zero Waste Scotland to ensure consistency of approach where that helps achieve our overall aims We welcome views on making it a requirement of future funding that organisations publish their approach to litter and flytipping The expected outcome is that resources will be prioritised to support the delivery of the National Litter Strategy s objectives. And greater transparency on how funded organisations are supporting action to reduce litter and flytipping. Action 13. Produce further evidence to inform our future approach to flytipping. We will work with stakeholders, including Zero Waste Scotland and SEPA, to commission research into key factors which contribute to flytipping, its impact on landowners, communities and the environment. The final National Litter Strategy will reflect that flytipping has different behavioural drivers to littering Many interventions to address litter can also help tackle flytipping. However, unlike littering, almost every incident of flytipping is premeditated and deliberate. For that reason specific measures are also required to effectively tackle flytipping 15 and further investigation is needed to define best practice in this area This is an early action. The expected outcome is an improved understanding of the drivers behind flytipping which in turn will be used to shape future interventions. 15 Scotland s Litter Problem research section

19 8. Strategic Direction: Enforcement 8.1 To boost the effectiveness of enforcement as a deterrent through measures which increase the likelihood and consequences of being caught littering or flytipping. 8.2 The main purpose of enforcement is to deter people from future littering and flytipping because people see a risk of being caught and penalised 16. To be effective: Penalties have to be appropriate There needs to be a likelihood of being caught People must believe that if caught they will have to pay. 8.3 Local authorities issue the majority of litter and flytipping Fixed Penalty Notices - both currently The actions put forward here are all designed to make our enforcement system work better in line with these principles. With that in mind, we are proposing a co-ordinated set of improvements - removing barriers to enforcement, updating penalty levels and improving training for enforcement officers. 8.5 The Scottish Government and Zero Waste Scotland will engage with Police Scotland, the Crown Office and Procurator Fiscal Service, SEPA, local authorities and the third sector to develop proposals to strengthen enforcement action. Action 14. We propose to identify suitable legislative opportunities to strengthen the Fixed Penalty system in Scotland. We will prioritise the following: Extend the authority to issue litter and flytipping Fixed Penalties to Scotland s National Parks and potentially other public bodies. This would enable them to control their own approach to enforcement to fit with their other responsibilities, and contribute to increasing the likelihood of catching offenders. Explore whether it would be helpful for organisations with enforcement powers to be able to offer a discount for early payment of litter and flytipping Fixed Penalties. Require alleged offenders to provide their name and address to litter authorities (those with enforcement powers). This is a power which the police already have. 8.6 Extending the power to issue Fixed Penalties to National Parks Authorities, 17 and potentially others, would help extend the system s reach. 16 Scotland s Litter Problem research section Scotland s Litter Problem research section

20 8.7 The cost to the public purse of enforcement is significantly more than the income from Fixed Penalties. In 2010/11, local authorities issued 11,000 litter Fixed Penalties of which around half were paid, bringing in 290, However, around 4.5 million was spent on litter enforcement and deterrence. 18 Offering an incentive for prompt payment could improve payment rates and reduce the need to refer cases to the Crown Office and Procurator Fiscal Service to consider prosecution (therefore helping reduce costs). 8.9 The aims would be to increase the rate of catching offenders, improve payment rates and deliver efficiencies by reducing the need for follow up and referral to the Crown Office and Procurator Fiscal Service. Action 15. Increase the Fixed Penalties for litter to 80 and for flytipping to 200. We propose to use the Environmental Protection Act (1990) powers to raise both Fixed Penalties from their current 50 level to new levels by 1 April This would increase the financial consequence of being caught and recognises the greater environmental and economic consequences of flytipping A further disincentive to litter or flytip - and reduce the burden to the taxpayer - is to raise the level of Fixed Penalties. The 50 level was set around a decade ago and inflation has eroded its value This would be an early action. Linked to it, the communications toolkit (Action 2) will consider how councils (and other organisations with enforcement powers) can publicise Fixed Penalties to help make them a more effective deterrent. Action 16. Review training for litter enforcement officers. We will work with the Crown Office and Procurator Fiscal Service and others to review current training arrangements for organisations with litter and flytipping enforcement powers. We want future training to align with the objectives of the National Litter Strategy and make best use of existing powers. The review will consider what evidence and procedures are required to support the justice system s contribution to addressing and reducing litter and flytipping. We want to identify opportunities to make the issuing and payment of Fixed Penalties easier (for example by offering standardised paperwork for enforcement organisations). As part of this work we will convene a working group to consider best practice in responding to under-16s who litter. We would propose to pilot training improvements with a view to learning lessons ahead of a wider roll out As well as the design of the system, successful enforcement activity depends on enforcement staff skills and the procedures they follow. 18 Scotland s Litter Problem research section

21 8.13 This would be a medium-term priority to support the final National Litter Strategy and link to the review of guidance (Action 9) The expected outcome would be to help enforcement officers be as effective as possible in their approach to issuing Fixed Penalties, using litter and flytipping powers and gathering evidence to present to the Crown Office and Procurator Fiscal Service Related to this we will, as an early action, work with the Crown Office and Procurator Fiscal Service, and the Scottish Court Service, to understand the National Litter Strategy s potential impact on the justice system. (We are not consulting on the principle of doing so.) Action 17. We will also work with organisations that have enforcement powers to identify whether future changes to the enforcement system would support them in requiring individuals and businesses to take responsibility for the disposal of their waste. For example we will: Work with Police Scotland to explore the merits of having littering included under the Antisocial Behaviour Fixed Penalty regime (at Part 11 of the Antisocial Behaviour etc. (Scotland) Act 2004). This was a recommendation from A Review of Fixed Penalty Notices (FPNs) for Antisocial Behaviour (2009). Explore what might be done to overcome barriers to enforcement in cases of littering from vehicles. Identify what improvements to the waste carrier licensing system and duty of care requirements would help to reduce flytipping. Examples could include the option for local authorities to be able to issue Fixed Penalties for businesses that fail to produce waste transfer documentation on request (and are therefore unable to demonstrate that they have an adequate waste disposal contract in place). Work with stakeholders, including businesses and councils, to explore how local authorities can make best use of Litter Control Areas and Street Litter Control Notices. We propose that this would include extending the list of premises to which a Street Litter Control Notice applies to include all premises (excluding domestic) where the activities of its business, staff or customers clearly contribute to nearby litter. Explore whether there might be an effective mechanism for litter practitioners to intervene when printed material, such as flyers, create litter problems In addition to the above actions, there may be a case for future improvements to the enforcement system to make it a more effective prevention measure In looking at these possible changes, our intention would be to make enforcement a more effective deterrent by ensuring that responsible organisations have the right powers which can be readily enforced. 21

22 9. Conclusion 9.1 By working together towards a litter-free environment we are responding to everyone s need for cleaner, safer communities. It is important that we have fantastic places to live and work, and that we can take pride in our landscapes, coastlines and historic cities, towns and villages. Scotland s built and natural environment is priceless and attracts visitors worldwide, vital for our economy. 9.2 This consultation sets out how we can build on existing action to stop litter letting us down. We want the final strategy to achieve significant improvement in the scale of Scotland s litter and flytipping problem helping reduce its unwelcome implications for health and well-being, crime, property values and even road accidents. 9.3 Our focus is on prevention - helping people understand why binning their waste responsibly matters, and by providing the facilities and services they need to do so. Effective enforcement also has an important role to play in reducing future offending. 9.4 These actions are designed to complement and reinforce each other. They will challenge individuals who litter and flytip, support those who already dispose of their waste responsibly and encourage value recovery through recycling. 9.5 Our actions also provide businesses and other organisations with enhanced tools to influence people to dispose of their waste properly. 9.6 Together we can address these and work towards our vision of a litter free Scotland. 10. How to respond to this consultation To respond to this consultation, please read the following consultation arrangements details (on pages 23 and 24). These explain how we will handle your response including whether you are happy for it to be made public, and who we may pass it to for the purposes of analysing the responses Please use the Respondent Information Form to respond by 27 September Early responses are appreciated The Respondent Information Form is available as a Word document on the consultations section of Scottish Government s website. 22

23 11. Consultation arrangements and Respondent Information Form TOWARDS A LITTER-FREE SCOTLAND Consultation on a strategy to tackle and prevent litter and flytipping Consultation information and invitation to respond. Responding to this consultation paper We are inviting written responses to this consultation paper by 27 September Early responses are appreciated. Please send your response with the completed Respondent Information Form (see "Handling your Response" below) to: EQ_CAT@scotland.gsi.gov.uk or Zero Waste Delivery Team, Scottish Government Environmental Quality Division Area 1-H North Victoria Quay Edinburgh EH6 6QQ If you have any queries contact Adam Sinclair on We would be grateful if you would use the consultation questionnaire provided. This consultation, and all other Scottish Government consultation exercises, can be viewed online on the consultation web pages of the Scottish Government website at The Scottish Government has an alert system for consultations, This system allows stakeholder individuals and organisations to register and receive a weekly containing details of all new consultations (including web links). It complements, but in no way replaces SG distribution lists, and is designed to allow stakeholders to keep up to date with all SG consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register. Handling your response We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondent Information Form enclosed with this consultation paper as this will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential, and we will treat it accordingly. The Scottish Government may pass your Respondent Information Form and associated responses to Zero Waste Scotland and/or an external contractor for the purposes of analysing the consultation responses. 23

24 All respondents should be aware that the Scottish Government are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise. Next steps in the process Where respondents have given permission for their response to be made public and after we have checked that they contain no potentially defamatory material, responses will be made available to the public in the Scottish Government Library (see the attached Respondent Information Form) these will be made available to the public in the Scottish Government Library and, if applicable, on the Scottish Government consultation web pages by the end of the year. You can make arrangements to view responses by contacting the SG Library on Responses can be copied and sent to you, but a charge may be made for this service. What happens next? Following the closing date, all responses will be analysed and considered along with any other available evidence to help us reach a decision on the final National Litter Strategy. The indicative timetable is set out within the consultation s key consultation information section. Comments and complaints If you have any comments about how this consultation exercise has been conducted, please send them to: Name: Adam Sinclair Address: Zero Waste Delivery Team, Scottish Government, Environmental Quality Division, Area 1-H North, Victoria Quay, Edinburgh, EH6 6QQ EQ_CAT@scotland.gsi.gov.uk 24