Edinburgh fly-tipping: Bill to crack down on irresponsible dumping to be considered at Scottish Parliament

Bigger fines for fly-tipping welcomed by Edinburgh-based MSP
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A Bill to bring in tougher laws on fly-tipping will be put to MSPs in a bid to crack down on a problem which is blighting communities.

The legislation, proposed by Tory MSP Murdo Fraser, would increase the current fixed penalty from its current threshold of £200, ensure the person on whose land or property waste is dumped is not held responsible for its removal, and introduce strict liability on the person generating the waste for clearing it up and paying any fines for its disposal. The Bill would also ensure better data collection and reporting mechanisms on the number of fly-tipping incidents.

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Several organisations including Scottish Land and Estates and NFU Scotland have given their backing to the bill, which would update the current legislation on fly-tipping that dates back to 1990. During the public consultation period 94 per cent of respondents fully or partially supported the bill, with more than 80 per cent backing the proposals to remove liability for disposal from those whose land has waste dumped on it and substantially to increase fines for offenders. And now the Bill has secured the required cross-party support from MSPs, giving Mr Fraser the right to introduce it to parliament.

The new Bill aims to toughen the law and increase penalties for irresponsible dumping.  Picture: John Devlin.The new Bill aims to toughen the law and increase penalties for irresponsible dumping.  Picture: John Devlin.
The new Bill aims to toughen the law and increase penalties for irresponsible dumping. Picture: John Devlin.

Mr Fraser said: “I’m delighted to have secured this cross-party support, which ensures that the bill will now be debated. Fly-tipping creates huge environmental damage and blights both countryside and urban areas. The irresponsible, damaging and criminal dumping of refuse and waste at unauthorised locations leaves landowners and public authorities with the substantial costs of cleaning up.

“Incidents – often carried out by organised crime gangs – are on the increase, and new legislation is required. I’m glad to have secured overwhelming public approval and the support of my parliamentary colleagues. This is a common-sense piece of legislation to tackle a growing scourge, strengthen the law and toughen the punishments for breaching it.”

Among those backing the bill were Lothian’s three MSPs, Miles Briggs, Jeremy Balfour and Sue Webber. Mr Briggs said fly-tipping had been a major issue during the pandemic and was still a serious problem. He said: "It continues to be a blight, especially in many parts of more rural communities around Lothian and especially around the bypass. I get a lot of cases in the Gilmerton area where there seems to be quite a lot of fly-tipping still taking place.“So I’m pleased to see the Bill has got support and hope to see it progressed and supported by the government as soon as possible. Clearly the current legislation is not delivering on enforcement and I hope we can see a better approach to tackle it. This isn’t a party political issue, it’s about helping communities address what is a real problem. And for some people it really is a blight on their lives because they live in areas where fly-tipping is taking place regularly. Fridges, beds and all sorts of building rubble being dumped beside people’s houses is not acceptable.”

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Earlier this year a study identified Edinburgh as one of the worst places in the UK for commercial fly-tipping offences. Over the past three years, businesses in the Capital paid £78,000 in commercial fly-tipping fees and the city council handed out 390 fines, making it the eighth highest for fines.