1. Questions to the Minister for Finance and Local Government – in the Senedd on 15 September 2021.
1. Will the Minister make a statement on the use of fixed-penalty notices by local authorities? OQ56836
It is for each authority to determine its policy and approach to the use of fixed-penalty notices locally. Fixed-penalty notices are a key tool in tackling a number of offences and we support their use as a response to low-level environmental and other crimes. In 2019-20, local authorities issued 11,091 FPNs in relation to local environmental protection issues.
Thank you, Minister. There are a number of FPNs issued by local authorities that do not see any obligation for the money raised from fines being invested in mitigating the recurrence of such offence. Fly-tipping is an offence that has seen a recent increase across Wales and has blighted many parts of my constituency of Carmarthen West and South Pembrokeshire. Another issue is FPNs issued to those walking dogs on restricted beaches along the Pembrokeshire and Carmarthenshire coastal path. Can I urge the Welsh Government to look at how local authorities ring-fence the money raised by FPNs to ensure that the money is spent addressing and improving specific facilities to help change behaviour rather than being lost in the general council spending pot?
Thank you for the question. The Member is absolutely right that there are some FPNs that don't have the requirement to reinvest the money in terms of the cost of the service. But traffic and parking offences sit outside that, of course, being exceptions to that rule.
We did issue guidance to environmental health officers on the use of FPNs in January 2020, and that does advise then that the FPNs are used as part of a wider approach, which should include prevention and collaboration and that authorities have to make their enforcement strategies publicly available. And they should include all of the offences in the scheme and how much the authority will fine people for each offence, details of any early payment discounts, how the FPNs are used, how the authority deals with juvenile offenders, what the authority will do if offenders don't pay and how to appeal if the option is available. But it also requires that it's publicly available in those documents how the money for the FPNs will be spent and how the records are kept. But I'll certainly have a discussion with the representatives in the WLGA to alert them to the concerns that you've raised this afternoon and explore if there's more that we can be doing in terms of the application of that guidance.
Question 2, Jane Dodds.