That brings us to the Unauthorised Deposit of Waste (Fixed Penalties) (Wales) Regulations 2017, and I call on the Cabinet Secretary for the Environment and Rural Affairs to move the motion—Lesley Griffiths.

Motion NDM6540 Jane Hutt

To propose that the National Assembly for Wales, in accordance with Standing Order 27.5:

1. Approves that the draft The Unauthorised Deposit of Waste (Fixed Penalties) (Wales) Regulations 2017 are made in accordance with the draft laid in the Table Office on 3 October 2017.

Motion moved.

Diolch, Llywydd. I move the motion.

I present the regulations that will insert new provisions into the Environmental Protection Act 1990, and which will allow local authorities in Wales to issue fixed-penalty notices for fly-tipping incidents. Under the new provisions, local authorities will be able to set a fixed penalty amount of between £150 and £400, with a default of £200. A reduction for early payment can be made available, and local authorities can retain the receipts to help contribute to the costs of dealing with fly-tipping. The FPNs can be used on both publicly and privately owned land. It’s an additional enforcement tool to help deal with those small-scale fly-tipping offences where a prosecution is considered disproportionate. However, local authorities will still be able to exercise their existing criminal prosecution powers for offences they deem inappropriate for an FPN, for example to deal with a persistent offender.

FPNs are an important means of tackling environmental crime, provided they are issued sensibly, enforced even-handedly and are seen as a response to a genuine problem. However, I feel it is important they are accompanied by appropriate public engagement, awareness raising and wider education programmes. I believe this is essential to ensure a positive response from our citizens and a sustainable reduction in offending behaviour. I’m pleased to commend this motion to the Chamber.

Plaid Cymru supports the regulations before us today, but I just wanted to ask a few questions and make a few comments. First of all, I’m disappointed that the explanatory memorandum, which is only 10 pages long, explaining these regulations, is only available in English. In my view, if you bring forward any kind of legislation, including secondary legislation, which places penalties on individuals, or can lead to legal proceedings or even criminal proceedings, it should be available bilingually. I’m disappointed that the Government hasn’t prepared a Welsh version of the explanatory memorandum in this case.

The second point that I wanted to make is that this is a perfect example of what we’ve just been discussing. I don’t want to prolong the discussion that we’ve just had for over an hour, but we’re bringing forward here environmental regulations, and let’s be clear that these regulations emerge directly from the European Community Act 1972. If we didn’t succeed in this battle with Westminster as to who has the right to the powers that are to be passed down from the European community if we leave the EU, then this is an example of the Assembly today passing regulations that would then be in the hands of Ministers at Westminster. So, this is a very real example before us today of how important it is that we win this battle and don’t allow Westminster to win it, in terms of the power grab on European issues.

The third point on this, which is a question to the Minister: I welcome the fact that we have an additional tool now in tackling the unauthorised deposit of waste, but I just want to be assured that when this does arise as a pattern of behaviour—. We’re not talking about someone disposing of a fridge—it’s appropriate that there is a specific penalty for that—but when you have evidence that someone is using farmland, a street corner or a back lane as a means of disposing of waste regularly—and we have seen some building firms that haven’t followed the rules and regulations—that we aren’t going to be reliant on these FPNs, but that we do take those individuals to court, and prosecute them under environmental legislation. So, I just want to understand from the Cabinet Secretary where she sees the FPNs would be appropriate in these regulations, and where she believes that local authorities and other authorities should use the broader range of statutory powers.

I call on the Cabinet Secretary to reply to the debate. There are no other speakers.

Diolch. I will ensure that the matter around the document being available in Welsh is rectified as soon as possible. I give you that assurance.

You’re quite right that this is a perfect example of what we’ve just been talking about, and you will have heard me say many times that I believe that our environmental standards in Wales are much higher than in other parts of the UK, in part. And, certainly, if you look at our recycling, for instance, that’s part of our environment where we have very high standards and we’ve reached much higher targets than other parts. And I have said this: we must be able to set those limits and have those policies in place and not have them imposed on us by the UK Government. So, I think you’re quite right: this is a perfect example.

In relation to the examples you gave, I mentioned in my opening remarks that local authorities would still be able to exercise their existing criminal prosecution powers for offences that they would deem inappropriate for a fixed-penalty notice and I think a persistent offender is a good example, again, of that. So, it is just part of the two. I’ve met with local authorities that have asked me to bring forward this legislation; they feel it would be very beneficial in tackling environmental crime, but it is up to them to be able to decide when they want to use the powers that they have in relation to prosecution.

I thank the Cabinet Secretary. The proposal is to agree the motion. Does any Member object? No. So, the motion is therefore agreed in accordance with Standing Order 12.36.

Motion agreed in accordance with Standing Order 12.36.