Waste crime: Baroness Sheehan welcomes Lords Secondary Legislation Scrutiny Committee’s concerns over the Government’s waste crime fixed penalty notices

Baroness Sheehan, Chair of the House of Lords Environment and Climate Change Committee, has welcomed a report from the House of Lords Secondary Legislation Scrutiny Committee's which raises concerns over whether the new maximum fixed penalty level of £5000 will be a sufficient deterrent to stop organised waste crime.

In the 11th Report of Session 2026-27, the cross-party Secondary Legislation Scrutiny Committee said:

We note the significant environmental damage and costs to the taxpayer caused by fly-tipping. Given that the most serious cases appear to be the result of large-scale commercial or organised criminal activity, we question whether the new maximum fixed penalty level of £5,000 will be a sufficient deterrent, especially as the issuing of a fixed penalty means that an offender cannot then also be prosecuted criminally. The House may wish to press the Minister further on the adequacy of the new upper penalty limit.

Baroness Sheehan said:

The Secondary Legislation Scrutiny Committee rightly raises concerns over the £5000 maximum fixed penalty level for waste crime. This is a drop in the ocean to the organised crime gangs who are a scourge on our communities and making large sums of money from co-ordinated illegal waste dumping. Issuing a fixed penalty notice also means that offenders can't face criminal prosecution.

The Environment Agency already possesses substantial powers including the ability to restrict site access, impose unlimited fines and pursue custodial sentences of up to five years. The Government must ensure that consistent, decisive enforcement of these powers is used.