Developing Scotland's circular economy - proposals for legislation: analysis of responses

6 Improving enforcement (Q13-Q15)

6.1 Section 4 of the consultation paper discussed the role of the Scottish Environmental Protection Agency (SEPA) in driving down waste production, working with businesses to support secondary material use, and preventing the harms associated with waste management. It also described the powers that SEPA currently has available to tackle waste crime.

6.2 The Scottish Government emphasised its commitment to ensuring that SEPA has the necessary powers to enforce environmental law properly and to restrict illegal activities that hinder and damage the rest of the waste industry in Scotland. Two improvements to current powers of enforcement were proposed to (i) address a gap in existing powers in relation to vehicle seizures linked to waste crime, and (ii) allow Scottish Ministers to create a fixed penalty regime in relation to littering from vehicles.

6.3 The consultation included three questions (all closed questions) on these issues.

Question 13: Do you agree that Scotland should have the power to seize vehicles suspected of waste crime, similar to the rest of the UK? [Yes / No / Neither agree nor disagree]

Question 14: Do you agree Scottish Ministers should have powers to introduce a new fixed penalty regime for littering from vehicles? [Yes / No / Neither agree nor disagree]

Question 15: Do you agree with the introduction of a new system that stipulates that the registered keeper of a vehicle is ultimately responsible for criminal offences such as littering from or in relation to their vehicle (for example by passengers or people using that vehicle at that time)? [Yes / No / Neither agree nor disagree]

Seizure of vehicles suspected of being used in waste crime (Q13)

6.4 Question 13 asked respondents if they agreed that legislation in Scotland should allow for the seizure of vehicles suspected of being used for waste crime - as is currently the case in the rest of the UK. Table 6.1 shows that the vast majority of respondents (91%) answered 'yes' to this question. There was a similar pattern of response among organisations (84% said 'yes') and individuals (95% said 'yes'). Respondents who did not answer 'yes' were more likely to answer 'neither agree nor disagree' rather than 'no' to this question.

Percentages may not total 100% due to rounding.

Introducing a new fixed penalty for littering from vehicles (Q14)

6.5 Question 14 asked respondents if they agreed that Scottish Ministers should have powers to introduce a new fixed penalty regime for littering from vehicles. Table 6.2 shows that the vast majority of respondents (93%) said 'yes'. Individuals were nearly unanimous in their views on this question with 98% saying 'yes'; there was a similar pattern of response among organisations with 81% agreeing. Respondents who did not answer 'yes' to this question were more likely to answer 'neither agree nor disagree' rather than 'no'.

Percentages may not total 100% due to rounding.

6.6 In addition, 1,244 individuals who submitted responses through the Friends of the Earth Scotland campaign stated that they fully supported the Scottish Government's proposal to 'set powers to introduce a new fixed-penalty regime for littering from vehicles'.

Responsibility for offences from or in relation to a vehicle (Q15)

6.7 Question 15 asked respondents if they agreed that legislation should be introduced which allows for the registered keeper of a vehicle to be held responsible for any criminal offences (such as littering) committed from or in relation to that vehicle. Table 6.3 shows that there was general support for this proposal with 73% overall answering 'yes'. Individuals (78%) were more likely than organisations (61%) to answer 'yes'. Individuals (12%) were also more likely than organisations (8%) to answer 'no', whereas one-third of organisations answered 'neither agree nor disagree'.

Percentages may not total 100% due to rounding.