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James Cowling: Generational grumbling: What young people really want from work

By Centre Write, Law & Justice, Politics

‘Younger people are entitled and lazy; they do not want to put in the graft that got their parents’ generation to where they are today.’ This accusation is one most younger people have read in newspaper columns and heard at dinner tables for years.

The flippancy of the charge is hardly worth engaging, but there is a kernel of truth to it – younger generations do have a different attitude to work than their parents or grandparents. Rather than shirk work from home, it is clear that there has been a shift in priorities between generations. As we emerge into a new post-pandemic economy, the key to a thriving business environment is for employers to understand what people want from work and engage with these priorities in good faith.

Unlike previous generations who prioritise job security and climbing the corporate ladder, the main factor distinguishing younger generations from Gen X and Baby Boomers is a stronger emphasis on finding a healthy work-life balance. Indeed, PwC research into millennial attitudes at work found that 95% of respondents said work-life balance is important to them.

Finding ways of adapting to this is in employers’ interests, as happier workers tend to be more productive. Moving away from flexible working would fritter away the significant upsides for young workers. At a time when salaries are low in real terms, many appreciate the reduced costs of working from home for some of the week. One of the few positive after-effects of the pandemic has been the survival of the hybrid-working model. Workplaces are rightly trying to find the optimal balance between office- and home-working.

But there are also more profound impacts on our lives and economy. As younger people age, many feel a need to rebalance their working lives if they are to consider starting a family. With rising childcare costs and fewer families able to afford for one parent to stay at home, working conditions need to become more accommodating. Flexible working significantly takes the pressure off young families, as each parent can balance their time at home to minimise how often they need to seek alternative childcare arrangements.

The caveat is that these changing attitudes to work-life balance do not remove the fact that cash is king. Deloitte’s Global Millennial Survey has consistently shown that low pay is the greatest source of millennial dissatisfaction. Both in 2019 and 2020, nearly half of respondents cited dissatisfaction with pay as the main reason why they would consider leaving their job within the next two years. In the UK, it is unsurprising that this frustration is felt acutely; real wages have not seen sustained growth for over 15 years. The Resolution Foundation calculated that if wages had continued to grow as they had before the financial crash of 2008, the average worker would make £11,000 more per year than they do now, taking rising prices into account.

Tackling the low-wage, low-growth spiral will require a greater focus on increasing productivity, which grew at 2.2% a year in the three decades leading up to the 2008 global financial crisis and at under 0.5% a year since. The first part of this puzzle is to upskill our workforce and young people. A glut of low-quality qualifications and university courses has seen a generation saddled with debt, but with many not receiving the skills they paid for. The introduction of T-levels, practical qualifications which train students for highly paid technical jobs in fields such as science and engineering, has been a step in addressing this problem. We need to go further to instil workplace training into company culture, like how the German system of lifelong training became a standard practice.

If we are to see real wage growth, the Government must also take steps to reform the planning system, which is easier and quicker to do than skills reform. A boom in building new homes, lab space and renewable infrastructure would naturally create a host of new practical, high-paid jobs.

Finally, Conservatives should reembrace their instincts to incentivise work. Income taxes in the UK have risen sharply, with the average graduate now paying a marginal rate of 51% between the age of 33 and 47. As the fiscal headroom becomes available, the Government should prioritise cutting income taxes first, avoiding instead the temptation of cutting asset taxes to appeal to older voters.

Taken together, it is clear that there is a balance to be struck. Policymakers should not be afraid of embracing some of the work-life balance solutions that have sprung forward in recent years, and it would be a mistake to attempt to ideologically push businesses into reverting to old practices. However, incentivising work and cultivating growth should remain core Conservative principles. In the remaining 18 months of Conservative Government, we must make work pay.

James Cowling is the Founder and Managing Director of Next Gen Tories.

This article was published in the latest edition of Centre Write. Views expressed in this article are those of the author, and not necessarily those of Bright Blue. 

Read more from our August 2023 Centre Write magazine, ‘Back to business?’ here.

Professor Rosie Campbell: Why diverse workplaces have benefits for all

By Centre Write, Law & Justice, Politics

It is time to remake the case for promoting gender equality in the workplace. The overwhelming majority of Britons now reject traditional gender roles and support gender equality at work.

Yet a large minority of the British public (43%) also believe that we have gone so far in promoting women’s equality that we are now discriminating against men. A majority of men (53%) agree with this view, as well as a third of women (33%).

Analysis of gender pay gaps suggest that this is quite a stretch. In 2022, the gender pay gap among full-time employees was 8.3%, reflecting the fact that women are over-represented in lower paid roles in organisations and men in leadership positions. These figures exclude part-time workers, the majority of whom are also women, where they are much less likely to receive pay rises or promotions, leading to the so-called ‘mummy’ trap. Moreover, women are disproportionately employed in low-paid, insecure work. But there lingers a fear, among some, that men might be left behind.

What is driving the gap between our perceptions and reality? A key factor is our failure to take gender seriously. Those of us making the case for change too often talk the talk of gender equality – and this conversation is certainly not done – but to accelerate the pace of change we need to also act and dismantle the gender stereotypes that affect men as well as women. To do that we need to focus on how gender inclusive workplaces benefit everyone.

A gender inclusive workplace is one that recognises several key features of our human workforce:  First, we do our best work when we are mentally and physically well. Second, our teams are most creative when we benefit from diversity of thought.. Third, we are most effective and efficient when we can speak truth to power.

All three of these attributes of a healthy workplace are undermined in cultures of hyper-masculinity, where colleagues feel pressure to be invulnerable, are homogenous in background and experience and work within rigid hierarchical structures.

Indeed, in the aftermath of COVID-19, there is an opportunity for us to give greater respect to the role physical and mental wellbeing play in a productive workforce. However, more of us are also facing the flexibility paradox, a term coined by Professor Heejung Chung from the University of Kent. Many office workers have more choice about where we work, but this is often accompanied by a growing sense that work is bleeding into every aspect of our existence, damaging our physical and mental wellbeing. Promoting a positive work-life balance for all – including frontline workers – would benefit men and women, as well as the bottom line.

This trend is exacerbated by cultures that valorise overwork and are prevalent in many high-reward male-dominated sectors and roles, typifying a toxic masculinity that discourages men from spending time with their families and looking after their physical and mental health – and too often excludes those, especially women, with caring responsibilities. An ‘always, always on’ culture is toxic for both men and women.

This is evidenced by a 2022 study of the Australian construction industry. The authors illustrate how the hypermasculine culture predominant in the sector, featuring a ‘dog-eat-dog’ mentality alongside competitive presenteeism, is associated with depression, anxiety and burnout among both men and women employees, and a high exit rate from the industry amongst women.

Tackling cultures of competitive presentism by focusing on rewarding outputs instead of efforts would go a long way towards both improving productivity in the workplace and creating a genuinely gender-inclusive working environment. Employers who promote genuine flexibility, with give-and-take from both employers and employees, will benefit from more diverse teams and meritocratic processes, where the most talented – and not those most able to signal their commitment with excessive hours – reach the top.

Professor Rosie Cambpell is the Director of the Global Institute for Women’s Leadership and Professor of Politics at King’s College London. 

This article was published in the latest edition of Centre Write. Views expressed in this article are those of the author, and not necessarily those of Bright Blue. 

Read more from our August 2023 Centre Write magazine, ‘Back to business?’ here.

Henry Weston: It is time to stop the over-politicisation of the office of Attorney General

By Centre Write, Law & Justice, Politics

Over the last three years, Conservative ministers have embraced the line that ‘lefty lawyers’ frustrate government policy, with Suella Braverman arguing that they have undermined the judicial system. In fact, identifying the true threat to the independence of the legal system will require some humble introspection, and a recognition that recent Attorney Generals have been too political.

The fundamental role of the UK Law Officers, the Attorney General and the Solicitor General, is to act as legal advisors to the government. They are at once politicians and independent guardians of the law. However, Braverman’s overtly political approach to her time as Attorney General has demonstrated the need for reform that will safeguard the essential legal commitment of the Law Officers.

There has for some time been a consensus amongst leading lawyers and academics that the Attorney General must strike a balance between the “legal and political aspects” of their work.

Maintaining the political element of this balance is important. A politically attuned Law Officer is better prepared to grapple with the issues facing his ministerial colleagues. Further, an apolitical, independent lawyer might struggle to maintain as high a level of authority amongst the Cabinet as is currently the case. The importance of the Attorney General’s presence among the Cabinet is best highlighted by the disaster of 1956, when lack of legal consultation prior to military action in Suez led to the resignation of the then Prime Minister, Anthony Eden.

However, recent Attorney Generals have increasingly embraced the political, to the expense of the legal. Geoffrey Cox, Attorney General between 2018 and 2020, positioned himself at the centre of party-politics, giving a speech introducing the Prime Minister at the Conservative Party Conference in 2019, conducting Brexit negotiations himself and defending the then Prime Minister Boris Johnson with a furious Commons performance during debates on the prorogation of parliament. Cox believed that he had a “perfect right in cabinet to comment on all matters of policy and to participate in the fashioning of policy of the government.” That this change in tack was dramatic is demonstrated by a warning from Dominic Grieve, Attorney General of just four years earlier, that it would be “a very dangerous thing” if the Attorney General was “pontificating in cabinet.”

Despite this, Cox did offer politically inconvenient legal advice to the Government, indicating that he maintained some regard for the legal commitment of his office. His advice on the legal implications of the Northern Irish ‘backstop’ contributed to Theresa May’s failure to win the Commons’ approval for her deal, with Cox’s legal advice cited by opposing MPs. Indeed, this advice was perceived as intransigence by the government, as revealed by a No 10 briefing that Cox was “not a team player.” This briefing itself indicates that the perceived role of the Attorney General had developed into something more party political.

The slide towards the political was accelerated by Braverman, who regarded the “political thread that runs through this role” as “vitally important.” This change was demonstrated by her desire to employ a special adviser during her tenure as Attorney General; an over-politicisation of the office.

Braverman’s unapologetic commitment to politician first, lawyer second, was most evident in her rhetoric. When the journalist Robert Peston suggested that the Government’s legislation threatened to break the law, Braverman responded that this is your Remainiac make-believe.”  Braverman was doing little to distinguish her comments from the stock party-political line of any Cabinet minister. Indeed, her public defence of Dominic Cummings’ alleged breach of COVID-19 lockdown guidelines undermined the independence of her office, whilst her partisan defence of the Internal Market Bill provoked accusations from lawyers that she was disregarding the rule of law. What Robert Buckland had described as the “grave danger” of Law Officers prepared to “adapt their advice to reflect the political priorities of their ministerial colleagues” appeared to have become the reality.

Sadly, it is likely that Braverman’s more political approach is here to stay. Past Attorney Generals have very rarely been politically ambitious.” However, future Attorney General appointments are more likely than before to be young and ambitious political wannabes. The number of barristers in the Commons has fallen, from around 15% of MPs between 1951 and 1974 to 5% in recent years. Indeed, the proportion of MPs with any legal at all background has fallen steadily. Consequently, the pool of MPs to choose from for the position of Attorney General is getting smaller. Moreover, the prospect of a reformed House of Lords is likely to prevent an experienced barrister in that House becoming Attorney General, as Lord Goldsmith did in 2001. If Attorney Generals continue to be chosen from amongst MPs, there will be a lack of experienced lawyers among them, meaning the position will go to ambitious politicians instead.

However, this is not unavoidable. Since the 1997 Law Officers Act, the role of the Solicitor General and Attorney General have become practically indistinguishable, but this need not be the case. One of them ought to be codified as an apolitical legal advisor, distinguishing the role of the Solicitor General from the Attorney General. The former should be an apolitical legal expert, while the latter a political official who procures legal advice.

The recent appointment of Victoria Prentis, who may block Home Office plans for deportations to Rwanda on legal grounds, hints at a return to the conventional approach to the office of Attorney General. However, the promise of reduced controversy in the immediate future should not deter pre-emptive reform.

In 2007, controversy regarding Lord Goldsmith’s alleged doubts about the legality of the Iraq War, which did not appear in his published advice, prompted the Constitutional Affairs Committee to recommend that the Attorney General should “not be a party-political appointment, and should not, as a matter of course, attend Cabinet.” These calls for reform fell on deaf ears. Over a decade later, Braverman’s tenure has provided a reminder of the need to reform, and an opportunity to rectify our mistakes.

Henry Weston is undergoing work experience at Bright Blue. Views expressed in this article are those of the author, and not necessarily those of Bright Blue. [Image: NoName_13]

Will Prescott: Clean air schemes can’t forget those who are disabled

By Centre Write, Energy & Environment, Law & Justice, Politics, Will Prescott

Labelled the ‘invisible killer’, air pollution causes health problems throughout people’s lifetimes and is responsible for between 26,000-38,000 deaths in England each year. Unfortunately, recent measures to tackle the problem, such as the expansion of charging clean air zones (CAZs) and low traffic neighbourhoods (LTNs), have disproportionately burdened disabled people.

The upcoming expansion of the Ultra Low Emission Zone (ULEZ), the London equivalent of a CAZ, to all boroughs in the city, risks leaving some disabled residents in the lurch. Intended to reduce nitrogen oxide emissions in outer London, it will force owners of non-compliant vehicles (typically post-2005 petrol cars and post-2015 diesel cars), either to upgrade their cars or be charged £12.50 per day to continue using them. For context, up to 30,000 blue badge holders drive non-compliant vehicles in the capital.

In response to concerns raised by disability groups, the Mayor, Sadiq Khan, has made changes to the ULEZ, but these do not go far enough. He created a £110 million scrappage scheme, providing grants of up to £5,000 for disabled Londoners to upgrade non-compliant wheelchair-accessible vehicles, and exempted some, but not all, Blue Badge holders from paying the daily charge until 2027. 

While the ULEZ changes were welcomed by disability groups, the scrappage scheme is still not enough to cover the full cost of upgrading a vehicle, and the average wheelchair-accessible vehicle costs £30,000. While costs vary from vehicle to vehicle, the starting price for a retrofit is usually £6,000. Further, many Blue Badge holders will still have to pay the charge. 

The London scheme is not the only CAZ that insufficiently protects the disabled — Birmingham offers just £2,000 under its scrappage scheme while Bristol only entitles residents to a £1,500 grant plus a £500 loan. Bristol’s CAZ exemptions, which previously applied to Blue Badge holders, have already expired, prompting fears that many disabled residents will be “trapped in their homes”.

Low Traffic Neighbourhoods (LTNs), many of which were introduced following the Covid-19 pandemic, are another instance where disabled people’s needs have been overlooked. Intended to reduce car dependency by incentivising walking and cycling, LTNs involve the placement of bollards, planters and cameras to get rid of ‘through’ traffic on residential streets.

Unfortunately, the speedy implementation of LTNs has created problems. The bollards, for instance, are not always wide enough to fit in the non-standard cycles that some disabled people use. Additionally, some LTNs have greatly extended the travel times for disabled residents dependent on car transport and there have been concerns about insufficient consultation before rolling out new LTNs. 

Charities and campaigners have put forward several ideas to make clean air schemes more equitable. For instance, Asthma + Lung UK has recently called for nationally consistent and centrally funded scrappage scheme for all cities introducing charging CAZs, to cover the full cost of upgrading any wheelchair-accessible vehicle would help to reduce the financial strain of compliance. Disability campaigners have also pushed for all Blue Badge holders to be granted exemptions from ULEZ charges. 

Similarly, there may be low-cost measures to make public transport more accessible to at least some of those with disabilities, thus reducing car dependency for disabled people. Allowing disabled people to take on disabled-friendly vehicles like tricycles, as is being considered in Manchester, as well as equipping busses to fit more than one wheelchair user at a time, could in theory make a real difference and prevent families from having to split up every time they make a journey. Both these proposals warrant further exploration.   

Finally, as the charity Wheels for Wellbeing has argued, some problems associated with LTNs could be overcome with better consultation to ensure that planters are spaced widely enough apart, that pavements are fully accessible for all types of cycles and the needs of car-dependent residents are accommodated. 

This piece does not dispute the potential benefits of both clean air zones and low traffic neighbourhoods both in terms of reducing air pollution and in boosting levels of physical activity. However, unless relatively small steps are taken, we risk leaving disabled Britons behind.

Will Prescott is a Researcher at Bright Blue. Views expressed in this article are those of the author, not necessarily those of Bright Blue. [Image: Andy Carne]

Roni Greenfield: The Government’s Immigration Bill is not enough to stop the small boats

By Centre Write, Foreign, Human Rights & Discrimination, Immigration & Integration, Law & Justice

On the 7th of March, Prime Minister Rishi Sunak announced, in a bid to deliver one of his five pledges, new laws designed to curb illegal immigration. Sunak’s plan was simple and almost entirely based on deterrence. Standing behind a lectern with the words “stop the boats’, he insisted that those who come to the country illegally will be detained and swiftly removed. “Once this happens – he continued …the boats will stop”

Now, under this new legislation, those arriving in the UK illegally will not be eligible to claim asylum and will be barred for life from settling in the country. Arguably, these proposals focus disproportionately on disincentivising illegal crossings, rather than providing viable, safe and legal alternatives.

These policies have largely been developed as a response to public concern about the worsening illegal migration crisis, with tackling illegal boat crossings ranking consistently high on the list of voters’ priorities, particularly for Conservative voters. This largely correlates to the fact that the number of people entering the UK illegally in small boats has more than quadrupled in the last two years, reaching over 45,000 in 2022. 

In his speech, the PM emphasised a division between these ‘illegal’ migrants and those who use legal routes. However, his speech did not acknowledge that the UK lacks safe and legal routes for those not covered by existing resettlement schemes. There is no specific visa for asylum seekers, and coming into the country without a visa constitutes an offence under the Nationalities and Border Act 2022.  Moreover, there are no provisions in place to claim asylum from outside the UK either. As a result, the only way one may claim asylum in the UK is by using illegal, and often dangerous, routes. Therefore, if we want migrants to come to the UK through safe and legal routes, then we need to create them. 

The Government has previously been urged to introduce a “humanitarian visa” for asylum seekers, a system that has also been employed in France. Under this proposal, those at risk of persecution in their home country, or country of residence would be eligible to apply for an asylum visa to come to the UK legally, and apply for asylum here.

This, however, does not represent a proper solution to the problem. Firstly, officials would be required to process an application based on the likelihood of the success of an asylum claim of the visa applicant. This would add another layer to an already complicated procedure, requiring asylum seekers to effectively apply twice – once for the visa, and once when they have arrived in the UK. Additionally, those whose visa application is rejected may still attempt to reach the UK illegally, using dangerous routes to apply for asylum on British soil. Thus, this proposal may likely reduce the number of those crossing the channel somewhat but would be a tactical rather than a strategic solution. 

Instead, changing the law to allow asylum applications from outside of the UK in their entirety would be a more pragmatic response. Under this process, applications could be set up online and would be accessible from anywhere in the world. While concerns have been raised that making asylum applications accessible universally could overwhelm the processing system,  this can be mitigated by limiting the territories from which asylum can be claimed remotely, for example to Belgium and France. 

This policy should be implemented in combination with an expansion of the UK’s processing capacity and, therefore, substantive additional funding. This would not be unprecedented – Germany rapidly expanded its processing capacity during the 2015 Migrant Crisis and in 2022 processed almost 4 times as many claims as Britain did.

Additionally, funding for programs dedicated to preventative measures can likely be re-directed away from reactive policies if the number of illegal crossings drops substantially as a result of the implementation of legal routes. For example, the UK has committed to paying France £480 million over 3 years to tackle small boat crossings through the use of enhanced patrols, drones, and a detention centre – reducing the number of attempts by creating alternative legal routes would allow to re-allocate a proportion of this funding over the next decade.

Introducing provisions for processing asylum claims from outside the UK would also allow the government to save money on housing current applicants and help to finally clear the growing backlog of unresolved cases. The UK currently spends over 6 million pounds a day on housing for refugees – a number that can be greatly reduced if more applications are processed outside of the country. 

Additionally, joint physical processing centres that would be located in France have been proposed as another possible solution. Moreover, French officials have indicated a willingness to consider opening these centres for processing asylum requests in northern France and around the major ports on France’s coast. These would allow British officials to process claims on French soil, reducing the incentives for prospective claimants to attempt an illegal and dangerous crossing of the Channel.

Measures announced in Sunak’s Illegal Immigration Bill may well be a core element of a wider strategy to combat illegal migration but, in isolation, are not enough. Only the introduction of sufficient safe and legal means by which prospective seekers can apply for asylum will make a meaningful contribution to reducing the number of illegal crossing attempts and ultimately, tragic deaths in the channel.

Roni Greenfield is doing work experience at Bright Blue. Views expressed in this article are those of the author, not necessarily those of Bright Blue. [Image: Alan Austin]

Tanya Gauthier: Australia shows why the Immigration Bill will not stop the boats

By Centre Write, Foreign, Human Rights & Discrimination, Immigration & Integration, Law & Justice

Recently, the Government introduced an ‘Illegal Migration Bill’ that would detain or quickly deport all asylum seekers if they entered the UK illegally. Not only is this policy inhumane but also impractical. 

The Bill has already come under fire for being too harsh on migrants escaping dangerous situations. It also does not acknowledge the fact that many migrants do not have the means to enter the UK legally. Additionally, Home Secretary Braverman was unable to assert if the bill violated the European convention on human rights. Despite this, the Government intends to move forward with the bill. 

This policy has echoes of Australia’s harsh anti-immigration laws. Not long after the 9/11 attacks in the United States, Australia passed a policy that removed many Australian territories from its immigration zone, which resulted in immigration officials apprehending asylum-seekers and sending them to prisons in Papua New Guinea and Nauru. In the following years, the number of migrants travelling on boats to Australia increased. In response, the government removed the whole of Australia as an immigration zone and thousands of people were moved to island prisons. 

The policy was not only ineffective but also inhumane and expensive. A 2017 study found that “60% of refugees and asylum seekers [in Nauru] had suicidal thoughts, a similar proportion had moderate or severe depression, and 30% had attempted suicide, including children as young as 9.”  On average it costs AUD $471,500 a year per person (equivalent to about £260,000) and yearly costs of offshore detention are over AUD 1$ billion (£550 million). 

The UK’s proposed policy seems likely to repeat Australia’s mistakes.

First, the Government plans to build new detention centres to hold detained migrants who come across the English Channel. Currently, the UK’s detention capacity is 2,286. In 2022 alone, 45,755 migrants crossed the Channel and more than 80,000 are expected to do so this year. While the government is currently planning to convert a former RAF base in Essex and possibly one in Lincolnshire, there is no way to hold the number of migrants that are expected to cross the Channel. Far more than two detention centres would need to be built.

Second, the cost of detaining so many migrants would cost hundreds of millions of pounds, not including the construction of new detention facilities. Meanwhile the UK’s medical, industrial, and education sectors are strained and underfunded. Is it sound to pour money into a system that will detain desperate asylum seekers with the sole purpose to deport them while there are numerous on-going domestic crises?

Third, there are few concrete plans in place to deport these asylum seekers to other safe countries. Currently, the UK has partnered with Rwanda to deport asylum seekers whose claims are inadmissible. However, legal challenges have prevented a single deportation flight to Rwanda taking off since the policy was introduced. Many believe “the Rwanda policy is not compatible with fundamental human rights afforded to asylum seekers under the European convention on human rights.” Immigration law offices have questioned the suitability of Rwanda’s asylum system as well. There have also been no deals made with France or the EU since the UK left. 

While the issue of immigration must be addressed and dealt with, the UK’s new immigration policy is not practical or feasible. The government has not proposed any clear plans on how they will fund the new detention centres or where migrants will be deported or relocated to. It also fails to acknowledge the emotional and physical toll such a process would have – and in Australia, has had –  on thousands of desperate migrants. 

Tanya Gauthier is doing work experience at Bright Blue. Views expressed in this article are those of the author, not necessarily those of Bright Blue. [Image: Aude-Andre Saturnio]

Joshua Taggart: Japan’s turn to the West offers a clear opportunity for Global Britain

By Centre Write, Law & Justice

The West is looking to forge new alliances in the face of authoritarian state threats from Russia, China and Iran. A major strategic push has been made by both the United States and the United Kingdom to establish an ‘Indo-Pacific tilt’ – emphasising the importance of this region in providing security, democracy and freedom to both large and small countries away from the traditionally Euro-centric geopolitics of the past.

For Japan, this is a very positive development. As stated by Japanese Economy, Trade and Industry Minister, Nishimura Yasutoshi, during a visit to Washington D.C. this month, the Indo-Pacific tilt is “of great significance for both the United States and partner countries in the region”.

Yet thinking about and visiting a region is only the first step on the path to effective engagement. As Yasutoshi also stated, the West must fully embrace free trade agreements with countries like India and Japan if it is to secure the long-term economic and socio-political prosperity of these nations – and ourselves.

The UK and US must both “hold high the banner of free trade” as Japan suggests, as well as promoting freer movement, research and education initiatives and greater defence cooperation. The UK and Japan are already demonstrating this in last week’s announcement of a Reciprocal Access Agreement, which will allow the two nations to cooperate more quickly in joint exercises and share logistical information and supplies. This only makes sense when nations like Japan are so aligned in their philosophy with the West, fully embracing democratic governance, liberal ethics and the benefits of free trade. Japan also recently became a non-permanent member of the UN Security Council, signalling a clear desire to move closer to the West as the threat of Chinese incursion into Taiwan becomes clearer. We should welcome this with open arms.

Reciprocal access agreements are nothing new, but they send a clear message to both allies and aggressors that the UK and Japan are prepared to work together to defend their interests. Australia would also benefit from such an agreement and has looked to CANZUK for support in this regard, demonstrating the potential for the UK to play a greater role.

Closer relations and cooperation also makes sense when it comes to India, a nation which will soon be the most populous on Earth, and which currently hangs in the balance between liberal democracy and authoritarianism. Comprehensive pacts including a multitude of issues, from visas to missile defence systems, will help us to become closer partners as well as allow each nation to receive the best advantages of the other. This principle – comparative advantage – is the very reason we trade with other parties in the first place. Recent reports in Politico (10th January) indicate that India takes its defence partnership with the UK very seriously, especially in light of recent tensions with China over the Line of Actual Control. These issues are not going to go away, and the UK must have a response to potential dangers to global security in the region.

Free trade is not just about reducing barriers to entry for foreign workers or lowering tariffs on steel or wheat. It’s about embracing a mindset that cooperation is better than isolation and protectionism. Free trade is the choice to boldly compete with workers and corporations in other nations, allowing the most competitive offering to win the share of the market, and reaping the rewards of lower prices and more diverse goods. Less red tape and more use of the advantages of each nation’s resources and skills works for both of us, as well as serving as a symbolic gesture that we will support Japan’s economy (the third largest in the world) as well as their defence. The UK and Japan have the Comprehensive Economic Partnership Agreement (CEPA) as the basis for this relationship post-Brexit, and we must seek to expand it. CEPA was a copy-paste from the EU-Japanese EPA (even in its title), and we must utilise our new flexibility to reduce further tariffs and encourage immigration of skilled workers.

China and Russia understand the power of markets and have thus far used them to their own benefit. For decades, China’s economic liberalisation following the end of Mao Zedong Thought was intent on understanding and exploiting market economics to strengthen the Chinese Communist Party and its interests. Abandoning a command economy, China’s ‘economic miracle’ used cheap labour and an abundance of raw materials to dominate supply chains, making the West reliant on Chinese goods like PPE that would disappear when we needed them the most. Russia, similarly, has weaponised their dominance over the oil and gas markets in Europe, pressuring the West to cease its support for Ukraine by threatening to turn the heating off and the lights out. The Russian-Ukraine war may make advocates of free trade nervous – after all, Russia didn’t liberalise no matter how much oil we bought from them – but this only demonstrates the need to pivot our supply chains and trade away from authoritarian and untrustworthy nations towards reliable and democratic partners.

The basis of ‘Global Britain’ must be promoting democratic liberalisation through defence cooperation and free trade agreements without equivocating on issues of democratic governance and liberal norms. If the United States is to shrink back from the world stage and turn inward, Global Britain must step forward and look to its horizons.

Japan have rightly recognised that freedom, democracy and human rights cannot and must not be taken for granted. Free trade is just one tool in the Western toolbox to promote the values which matter to us: democracy, transparency, equality under the law and individual liberty. It is time that the West listens to those who are most at risk if we forget these lessons.

Joshua Taggart is a consultant at Atticus Partners. Views expressed in this article are those of the author, not necessarily those of Bright Blue. [Image: Carlo Obrien]

Lee Marsons: Why the government should abandon the Bill of Rights Bill

By Centre Write, Law & Justice

Dominic Raab’s Bill of Rights Bill is back on the agenda. This Bill gets rid of the Human Rights Act 1998 (HRA) and replaces it with a new Bill of Rights. 

The HRA is Parliament’s way of empowering British judges to protect the rights contained in the European Convention on Human Rights (ECHR). Given the delay and expense associated with pursuing a case at the European Court of Human Rights in Strasbourg, this option is unrealistic for many people. It is, therefore, crucial that British residents can effectively resolve human rights grievances in British courts. As the government’s Independent Human Rights Act Review found, the HRA has been successful at this.

However, the Bill overwhelmingly contains provisions which reduce independent scrutiny, enhance unaccountable power, undermine protection for the individual, and weaken the UK’s commitment to the ECHR, while increasing costs and complexity.

I consider just three of them.

Repealing section 3 of the HRA: In my earlier piece, I flagged the government’s proposal to reform section 3 of the HRA. Under section 3, Parliament requires judges to “read and give effect” to legislation “so far as it is possible to do so” to be compatible with human rights. Regrettably, the plan for section 3 is worse than anticipated. The government wants to get rid of this provision entirely. Since judges use section 3 only when other options are not enough to ensure that legislation respects human rights, this represents a significant weakening of protection.

A famous section 3 case is Ghaidan v Godin-Mendoza. This was about a same-sex couple – Hugh Wallwyn-James and Juan Godin-Mendoza – who had lived together in rented accommodation for 18 years. Mr Wallwyn-James was the tenant but sadly died. Under housing legislation at the time, when a tenant died their partner could inherit the tenancy if they were “living with the original tenant as his or her wife or husband”. This included unmarried couples who had a committed relationship resembling marriage. But before the HRA, the courts decided that this did not cover same-sex couples.   

In short, the law discriminated. A same-sex partner could face significant rent increases and even eviction, whereas an opposite-sex partner could not. The court used section 3 to give effect to the legislation so that it protected unmarried same-sex couples as well as unmarried opposite-sex couples. 

The government’s plan to get rid of section 3 is based on the belief that section 3 allows “straightforward judicial amendment” of legislation and creates uncertainty in how laws are applied. But this ignores empirical evidence that most section 3 interpretations are not adventurous or even controversial. As I have put it elsewhere, the government latches onto one or two cases that it dislikes and wrongly uses them to justify radical change. I agree that legal certainty does matter. But so does the robust protection of human rights by independent courts. In proposing to scrap section 3, the government fails to weigh these competing objectives and arrive at balanced reform. 

This is a deeply regrettable overreaction representing a serious weakening of protection for individuals. 

Undermining positive obligations: Clause 5 would prohibit judges from recognising any new positive obligations on public bodies. A positive obligation is a duty on public authorities not just to stay out of people’s lives but to do something to protect their human rights, where it is reasonable to expect the state to do so. 

An example is the Supreme Court decision in Michael v Chief Constable of South Wales Police. Here the Court decided that where the police had failed to protect a victim of domestic abuse from being murdered, there could be a violation of the right to life (Article 2 ECHR). Similarly, in MS (Pakistan) v Home Secretary, the Supreme Court accepted that the police had a positive obligation to take reasonable steps to protect victims of human trafficking and bring offenders to justice due to the prohibition of slavery and servitude (Article 4 ECHR).  

Courts are cautious before imposing positive obligations and restrict them to what is necessary to prevent the violation of a human right. Positive obligations are not licence for ever-expanding government. In Michael, for example, the Supreme Court determined that the police had an obligation to protect the lives of domestic abuse victims only “if the police know or ought to know of an imminent threat of death or personal injury…which they have the means to prevent”. 

The government wants to totally prohibit the courts from imposing any new positive obligations on public authorities, no matter how important the rights protected, how minimal the cost, and how modest the action required. Like with section 3, this is a regrettable overreaction. It is a particularly bad move given the systemic failures by the police to exercise their powers adequately, including to protect the right to private property. The protection of important rights – particularly for those least able to protect themselves – will be made harder by the government’s proposal.

Making judges ignore interim measures from Strasbourg: The Bill requires British judges to ignore any interim measure issued by the European Court of Human Rights (Clause 24(3)). An interim measure requires the government to temporarily do something or not do something to secure the protection of human rights. They are granted only on an exceptional basis, when individuals face a real risk of serious and irreversible harm. 

Clause 24 is the government’s reaction to the Strasbourg Court issuing an interim measure preventing the deportation of asylum seekers to Rwanda under the government’s Memorandum of Understanding with the Government of the Republic of Rwanda for an Asylum Partnership Arrangement. Equally, interim measures have been issued in circumstances that the government – hopefully – supports. In June 2022, for example, the Strasbourg Court issued an interim measure requiring Russia to take steps to prevent British citizens from being executed by pro-Russian paramilitaries in occupied Ukraine. Presumably, the government did not want Russia to ignore this. 

While interim measures are not legally binding, there is no rule that they must be actively ignored, even if a British judge thinks that the measure is relevant to a British issue. Clause 24(3) creates such a rule, undermining judicial independence and the effective protection of human rights.

Bright Blue has expressed strong support for the UK’s membership of the ECHR and this Clause weakens the UK’s commitment to it. If we are to remain a committed and leading defender of the ECHR, requiring British judges to ignore interim measures is not a mature reaction to disagreement about individual decisions. This is particularly so when there are many circumstances – such as the Ukraine case – where interim measures are amply justified.

Across the political spectrum, it is difficult to find supporters of this Bill. It is easy to see why. The Bill weakens the protection of human rights, undermines the UK’s commitment to the ECHR, and reduces independent scrutiny and legal accountability, all while making the law more complicated, uncertain and expensive. There is too much wrong with this Bill to make it worth pursuing. I can imagine HRA reform which enhanced the protection of human rights and promoted the UK’s reputation as a model liberal democracy. This Bill is not that and does not try to be. Those committed to the legal protection of human rights should oppose it.

Lee Marsons is a Research Fellow at the Public Law Project. Views expressed in this article are those of the author, not necessarily those of Bright Blue. [Image: Tingey Injury Law Firm]

Picking up the pieces: tackling littering and fly-tipping in England

By Centre Write, Clean environment, Education, Energy & Environment, Joshua Marks, Law & Justice, Patrick Hall, Politics, Rebecca Foster, Towns & Devolution

Introduction

England is heavily littered, resulting in many detrimental economic, environmental, and social consequences.

In 2021, Bright Blue published our report Nature positive? examining in detail the UK public’s attitudes towards the state of and responsibility for the natural environment. We revealed that fly-tipping and littering is seen by the UK public as the third largest threat to the UK’s natural environment (25%), behind plastic pollution (41%) and climate change (37%).[1] A significant majority (76%) of the UK public felt that fines for littering should be higher.[2] This reflected a policy recommendation in our 2020 report, Global green giant, which called for an increase in the maximum amount for fixed penalty notices (FPNs) for littering from the current £150 to £500, with higher fines for repeat offenders, following the lead of places such as Singapore and Calgary.[3] Bright Blue then launched a petition to increase the maximum FPN for littering, backed by the Daily Express, RSPB, Clean Up Britain, and Sea Shepherd UK.[4]

This analysis builds on Bright Blue’s existing work and offers an in-depth explanation of the drivers and policies that attempt to tackle fly-tipping and littering, as defined in Box 1 below.

Box 1. Definitions of fly tipping and littering

Fly-tipping is the illegal disposal of household, industrial, commercial or other ‘controlled’   (waste that is subject to legislative control in either its handling or its disposal) waste.[5][6] Common examples of fly-tipped items include household waste, white goods, and construction materials which are usually disposed of in large quantities.

Littering, meanwhile, does not have a statutory definition but is commonly regarded as the improper discarding of materials, such as cigarette butts or drinks containers,  amounting to less than a black bag’s worth of rubbish.[7]

The analysis first identifies the leading impacts and drivers of fly-tipping and littering, and provides an overview of current government policy towards both. This analysis then looks overseas to identify effective measures used in other countries to reduce fly-tipping and littering. Finally, the analysis puts forward original policy recommendations to reduce fly-tipping and littering in England.

Since fly-tipping and litter is a devolved issue in the UK, the scope of this analysis is limited to England.

Methodology

We conducted an extensive literature review of relevant reports and surveys conducted by government, universities, and civil society organisations to identify the broad trends and drivers of the littering and fly-tipping problem in the UK. The literature review also helped us gain insights into how other countries have tackled the problem with a variety of policy approaches. 

Our thinking has also been informed by a meeting of Bright Blue’s Conservation Advisory Board and an invite-only private roundtable attended by leading decision makers from the  public, private, and third sectors.

What is the impact of fly-tipping and littering? 

Fly-tipping and littering have adverse impacts on our environment, our economy and our society.

Many commonly littered items – particularly plastics and cigarette butts – decompose very slowly, polluting soils if improperly discarded.[8] Dangerous chemicals can then be released into the surrounding soil, potentially making their way into groundwater and from there, into waterways and ecosystems.[9] This poses a significant risk to wildlife: the ingestion of discarded items can cause serious harm or death to animals, including aquatic wildlife. The Royal Society for the Prevention of Cruelty to Animals (RSPCA) receives on average 14 calls a day in relation to animals affected by litter, with wild birds being a particularly common victim.[10] Additionally, plastic pollution from littering can disrupt the life cycle of microbes such as Prochlorococcus, a bacteria responsible for the production of 10% of global oxygen and critical for the marine food web.[11]

Fly-tipping and littering bring with them economic consequences as well. The cost to the taxpayer of cleaning up our streets is estimated to be almost £700 million a year in terms of spending by local authorities.[12] For fly-tipping specifically, the most recent figures show the cost of clearance to local authorities in England for large incidents[13] is £11.6 million a year.[14]

Research by Keep Britain Tidy, a UK environmental charity, has also found that litter is most prevalent in more deprived areas and can negatively influence local tourism and the local economy.[15] Unpleasantly, certain types of litter, particularly food waste, can attract rodents, creating pest problems for residential areas.[16] But perhaps more powerfully, litter can actually generate and reinforce negative perceptions of an area, reducing people’s enjoyment of the towns, villages, and countryside which may be their home.[17]

Indeed, the restoration of civic pride and activity in so-called left-behind areas is one of the core objectives of the Government’s Levelling Up agenda, as stated in Levelling up the United Kingdom white paper.[18] Tackling littering could well be an underestimated important step in improving civic activity and pride.

The state of fly-tipping and littering in England 

The prevalence of fly-tipping and littering in England is difficult to establish definitively. We can only illustrate the severity of fly-tipping and littering using the data that is available. This includes: the number and location of reported incidents; data from ‘sample sites’ specially selected to be geographically representative; and public perceptions.

Unlike littering, it is easier to report and track incidents of fly-tipping since it involves larger items being improperly discarded. However, there are still challenges with sourcing accurate data on its prevalence.

Incidents of fly-tipping are reported to local authorities, community organisations such as Crimestoppers and the police. Chart 1 below shows the total number of reported fly-tipping incidents to local authorities in England from 2018-19 to 2020-21, and where they occurred. Comparisons of data from the years predating 2018-19 cannot be made owing to methodological changes by Defra which took place from 2018-19 onwards. Of course, these are only incidents of fly-tipping which have been reported to local authorities and the actual number of incidents is likely to be higher than is indicated in Chart 1 below.[19]

Chart 1. Total reported incidences to local councils and land type of fly-tipping in England from 2018-19 to 2020-21[20]

Source: Department for Environment, Food and Rural Affairs, “ENV24 – Fly tipping incidents and actions taken in England”, 2021.

In the past three years, we have witnessed the number of reported fly-tipping incidents in England increase from 957,157 in 2018-19 to well over one million in 2020-21.[21] The trend in where people most commonly fly-tip their waste has not changed: highways, footpaths/bridleways, and council land are consistently the most common types of land where fly-tipping occurs.

According to the latest 2020-2021 figures, a majority of 65% of all fly-tipping incidents (equivalent to 736,686 cases) comprise household waste. This includes, but is not limited to, house clearances, old furniture, carpets, and ‘black bag’ garbage. Similarly, commercial waste, which includes cardboards, foam, and plastic discards contribute to nearly 6% of fly-tipping incidents. The remaining 29% of fly-tipping incidents consist of miscellaneous waste such as construction material from demolitions, white goods, electrical waste, tyres, animal carcasses, and chemical drums among others.[22]

While individually dropped items of litter cannot be reported in the same way as incidents of fly-tipping, each year Keep Britain Tidy conducts the Local Environmental Quality Survey of England to assess the state of litter across the country.[23] Using a geographically representative sampling framework of 4,200 different sites across England, the survey applies a grade from A (no issues present) to D (heavily littered) to each site to reflect the severity of litter.

In the latest survey conducted in 2019-2020, 91% of sites were deemed to be at or above the acceptable standard of grade B (predominantly free of litter but with some issues).[24] While this may sound encouraging, Keep Britain Tidy also estimates that two million pieces of rubbish are being dropped every day across the country, meaning some 23 items are improperly discarded every second.[25] The most commonly littered items are smoking-related litter (77%), confectionery packets (45%), and non-alcoholic drinking vessels (40%).[26]

BOX 2. Cigarette litter

Available data tells us that smoking-related litter is the most prevalent form of litter in England, making up 68% of all littered items and found at almost 80% of sites surveyed by Keep Britain Tidy.[27] The vast majority of cigarette butts are single-use plastic and contain toxic chemicals once smoked.[28]

Research by Clean Up Britain surveyed 412 smokers to better understand their disposal habits regarding cigarette butts.[29] The study found that 41% of surveyed smokers admitted to ‘often’ or ‘always’ dropping butts on the ground.[30] 48% of those surveyed admitted to ‘occasionally’ or ‘rarely’ dropping butts and only 11% never littered their cigarette butts.

The Local Environmental Quality Survey of England also examined the types of land where people most commonly litter. These were industry and warehousing sites with 33% not meeting the acceptable standard for litter, high obstruction housing with 15% of sites not meeting the acceptable standard, and other retail and commercial areas with 14% of sites not meeting the acceptable standard. Other areas including highways, main roads, recreation areas, low obstruction housing, and main retail and commercial areas ranged from 2% to 12% of sites not meeting the acceptable standard.[31]

The blight of litter across England does not go unnoticed by the public. Since the beginning of the Covid-19 pandemic in 2020, 38% of people reported having seen more litter near where they live and a significant majority of people (76%) noticed an increase in personal protective equipment (PPE), such as face masks being littered.[32] Furthermore, as Bright Blue’s recent report showed, the public consider fly-tipping and littering to be the third most significant threat to the country’s natural environment (25%), behind climate change (36%) and plastic pollution (40%).[33]

The key drivers of fly-tipping and littering 

There are of course many reasons why people fly-tip and litter. The factors most commonly cited in existing evidence include: social influences, such as how others have treated an area; lack of education; insufficient disposal infrastructure; the cost of legitimate disposal, particularly in the case of fly-tipping; and a lack of law enforcement, such as a low rate of fines being issued.[34]

On social influences, individuals are more likely to litter in dirty environments compared to cleaner environments. In a study where participants were given a flyer on the windscreens of their cars, they littered the flyer the most when they observed someone littering in an already dirty environment, and they littered the least when they observed someone littering in a clean environment.[35] This indicates that the state of the surrounding area can influence the decision-making of individuals. In addition, behavioural research shows that only 49% of litterers strongly agreed that they take pride in where they live, compared to 69% of non-litterers.[36]

Lack of education about litter is also suggested as a key reason for littering behaviour, with focus group research in Wales indicating that littering can result in part from never having been taught to not litter.[37]

Similarly, the direct link between the lack of public receptacles and the increase in littering suggests that insufficient disposal infrastructure is another reason for why people litter. If people are unable to locate a receptacle or the bins are not regularly cleared, overloading of receptacles can occur which leads to increase in littering.[38]

Furthermore, fly-tipping in particular may be carried out to avoid disposal costs. The cost for collection of bulky items which do not fit into a wheeled bin varies based on the type and quantity of items, as well as the local authority’s fee. For example, Fenland District Council offers the collection of four items per visit for £30[39], Medway Council offers collection of three items for £22,[40] and Blackpool Council the same for £20.[41]

Historically, charging at waste disposal sites may also have an impact on fly-tipping rates. For example, Buckinghamshire Council charged in excess of £20 to dispose of items such as boilers, and over £10 for other items such as shower screens/doors, windows or a fireplace.[42] At Brent’s Household Re-use and Recycling Centre, disposing of one tonne of waste cost £165 with a minimum charge of £16 for waste up to 100 kilograms.[43]

To assess the link between fly-tipping and disposal costs, Bright Blue previously recommended ​​carrying out a government-backed study on the cost of fly-tipping enforcement and clean up compared to the cost of running free waste disposal sites where building/domestic waste can be disposed of responsibly. [44] In April 2022, the Government removed the ability for local authorities to charge households for the disposal of DIY waste at waste disposal sites, but its impact on fly-tipping remains to be seen.[45]

Finally, turning to consider law enforcement, failure by local authorities to issue fines for littering has meant that their efficacy as a deterrent has been hindered. In England, litterers can receive a FPN ranging from £65 to a maximum of £150. However, data obtained by Freedom of Information rules has revealed that of the 169 councils which responded to the request, the majority (56%) issued less than one FPN a week and 16% issued none for the 2018-19 period.[46]

Current responsibility for fly-tipping and littering

First, on littering, the Environmental Protection Act (EPA) 1990, Section 89, establishes where the duty to keep land and highways clear of litter lies. The Secretary of State for Transport is responsible for the network of motorways and strategic roads managed by National Highways in England. All other roads fall under the responsibility of the local authority where they are located.

Local authorities are also responsible for land under their direct control and which the public has access to. Section 89 of the EPA 1990 also states that the ‘designated statutory undertaker’ is responsible for keeping their relevant land clear of litter. This is in reference to organisations such as those permitted to operate railways, airports, canals, docks, and harbours. For educational institutions, including schools and universities, the governing body of each institution is responsible for keeping land which is open to the air free of litter.

Section 87 and 88 of the EPA 1990 establishes littering to be an offence in any place open to the air, including private property and bodies of water. Those found guilty can be fined by a court up to £2,500, or more commonly, be issued with a FPN of up to £150 by a local authority. Although National Highways are responsible for keeping motorways under their management free of litter, they cannot directly issue FPNs to those who litter. Instead, they must apply to the relevant local authority – the one in which the incident occurred – to issue an FPN.

For some roads, National Highways contracts out responsibility for keeping roads and verges free of litter. However, this has been ineffectual in the past and drawn criticism, as Box 3 below explains further.

Box 3. An example of private contracting from National Highways: Connect Plus Ltd

National Highways has contracted out the management and operation of the M25 network to Connect Plus, including the responsibility for ensuring it is free of litter. In 2009 Connect Plus received a 30-year contract worth £8 billion of taxpayer funding from National Highways to deliver these services.

However, criticism has been levelled at Connect Plus for failing to ensure the M25 is kept free of litter, as is required by law under the EPA 1990. Ample amounts of photographic evidence, as well as an investigation by Channel Four news, has revealed that swathes of the M25 remain heavily littered.[47]

Further criticism comes from the return shareholders have gained. A report by the National Audit Office revealed that over an eight year period, equity holders in Connect Plus have benefitted from a 31% return per annum.[48]

 

Community Protection Notices (CPNs) are another tool available to local authorities and police for dealing with ongoing nuisances affecting a community’s quality of life. The Anti-Social Behaviour Crime and Policing Act 2014 introduced CPNs, repealing several other anti-littering measures in the process – including Street Litter Control Notices, Litter Clearing Notices, and, Litter Abatement Notices[49] – and placing them under CPNs.[50] The UK Government’s rationale for this move was the confusing nature of a system using several different notices.

As for fly-tipping, section 33 of the EPA 1990 establishes the unlawful depositing of waste as an offence, but does not stipulate a maximum fine.[51] Defendants are sentenced on a case by case basis with penalties ranging from the issuance of a FPN to vehicle seizure and jail time.[52]

Local authorities are responsible for investigating and clearing fly-tipping incidents, and enforcing penalties on those committing small-scale offences such as those on public land.

For larger scale offences, defined as quantities of waste which are a tipper lorry load or more in size, the enforcement responsibility lies with the Environment Agency.[53]

On private property, it is the responsibility of the property owner to remove waste, which they can be directed to do by local authorities or the Environment Agency.

Public policies to reduce fly-tipping and littering

There are broadly five types of public policies to address fly-tipping and littering: regulatory; punishments; behavioural; incentives; and educational. These can apply to both individuals and organisations, and to both producers and consumers of waste.

Regulatory policy uses regulations and laws to direct or control the behaviour of individuals and organisations.

Policies that are punishments seek to deter individuals or organisations from behaving in a certain way that violates an existing law or regulation. In this sense, they are a branch of regulatory policy.

Behavioural policy uses behavioural science to influence the behaviour of individuals or organisations through ‘nudges’. It is also a branch of regulatory policy since it uses rules to shift attitudes and behaviours.

Policies that are incentives seek to encourage individuals or organisations to behave in a certain way which delivers a desired outcome – for example, by offering a financial benefit for desired behaviour such as recycling.

Education policy engages the public, especially young people, through schools, civil society organisations, and national campaigns.

We now identify the leading and current public policies in England under these five types of policies to reduce fly-tipping and littering. Those detailed below are the leading measures; they are not meant to be exhaustive.

Regulatory

  • Plastic bag charge. By law, retailers of all sizes are required to charge at least ten pence for a single-use carrier bag. This is not a tax and the proceeds of the scheme are donated to good causes chosen on a case by case basis by the retailer.[54] To avoid the additional charge, consumers are thereby incentivised to use reusable bags, reducing the use of single-use carrier bags and the litter they can cause. Since its introduction the scheme has cut plastic bag use down by more than 95% and raised over £180 million.[55]
  • Plastic Packaging Tax. This new tax, which came into force on the 1st April 2022, charges manufacturers £200 per metric tonne of plastic packaging used in their product unless at least 30% has been made from recycled plastic. This tax is applied to plastic manufactured or imported into the UK but does not apply to packaging used for the purpose of importing goods. The aim of this tax is to provide an incentive for businesses to buy and use recycled plastic. In a previous report, Global Green Giant, Bright Blue recommended that the UK’s plastic packaging tax threshold should be set at 35% from 30% as soon as feasible, and this threshold should increase if viable on an annual basis thereafter.[56]
  • Ban on certain single-use plastic items. Common single-use plastic items including straws, stirrers, cotton buds, disposable plastic plates, single-use plastic cutlery, balloon sticks, food and drink containers, expanded polystyrene containers, and oxo-degradable products are banned.[57] If found to be breaking the law, individuals and businesses will be issued a fine based at the discretion of their local authority.[58] The Government has recently concluded a public consultation which looked to extend bans and is expected to publish the outcome in the near future.[59] However, studies have found that just banning single-use plastics is often insufficient and does very little to reduce the total amount of waste without also banning single-use non-plastic alternatives.[60]
  • Extended Producer Responsibility (EPR) Scheme. In 2024 the UK Government is set to introduce an Extended Producer Responsibility (EPR) scheme for packaging. This will require producers to cover the costs of managing packaging once it becomes waste and producers will pay more for less sustainable packaging, incentivising packaging that uses less material and is easier to recycle. Defra has finished consulting on the design of the EPR scheme and a full Government response is expected to be published in 2022.[61]
  • Electronic waste tracking. The Government’s flagship Environment Act 2021 will allow for the introduction of mandatory electronic waste tracking to begin between 2023 and 2024. The policy is aimed at collecting data to better understand how waste is processed and increase compliance by businesses.[62] Currently, the Government is deciding between two waste tracking systems: Anthesis and Topolytics. Anthesis relies on workers within the waste management system scanning QR codes on waste consignments and uploading the identity of the consignments to their database. Should waste go missing at any point, it can be traced back to when it was last scanned. Topolytics gathers data through multiple different sources including electronic invoices, weighbridges at refuse stations, bin weighing systems, vehicle tracking systems such as GPS, and smart labelling systems. The latter works by using printable radio frequency identification (RFID) tags which can be scanned. Topolytics then uses a tracking system built from all different data sources to produce a waste map showing where waste has been and will go. This data allows authorities to pinpoint where waste goes missing at any stage. The type of system to be adopted and its implementation date is yet to be confirmed.

Punishments

  • Fixed Penalty Notices (FPNs). Dropping litter is a criminal offence under Section 87(1) of the EPA 1990 in England and Wales. Litterers could face a fine of up to £2,500 if prosecuted in court.[63] More commonly issued to the litterer is a FPN, issued by local authorities or the police.[64] As mentioned previously, FPNs are set by the local authority and range from a minimum of £65 to a maximum of £150[65]. If litter is thrown from a vehicle, the owner of the vehicle can be fined, irrespective of whether they committed the offence themselves. The rationale is for FPNs to deter people from littering. However, many organisations, including Bright Blue, believe that a maximum FPN of £150 is inadequate to deter litterers from offending and have called for FPNs to be set at a much higher level[66]. Furthermore, very few local authorities have actually been enforcing the law – of those who responded to a relatively recent Freedom of Information (FOI) request, 56% of local authorities issued less than one FPN per week and 16% issued none at all – thereby undermining the efficacy of FPNs as a deterrent for littering.[67] A report by Keep Britain Tidy found that the majority of people who had been issued an FPN had altered their behaviour in the short term but it did not change their attitudes in the long term .[68]
  • Community Protection Notices (CPNs). CPNs, described earlier, are designed to deal with ongoing nuisances which affect communities’ quality of life. They may be used to tackle littering on specific premises, whether it is private or commercial. Before local authorities can issue a CPN, they must first issue a written warning to the individual or organisation undertaking the anti-social behaviour. Failure to comply with a CPN can result in a fine of up to £2,500 for individuals and up to £20,000 for business. Additionally, the magistrates court can order forfeiture and destruction of any item used in the commission of the offence[69].
  • Prosecution for fly-tipping. If found guilty of fly-tipping, individuals can be prosecuted with consequences ranging from unlimited fines and seizure of the vehicle used to commit the offence to imprisonment. Additionally, households can be fined up to £400 if they pass their waste to an unlicensed waste carrier which is subsequently fly-tipped. As Chart 1 showed earlier, the total number of fly-tipping incidents between 2018-19 and 2020-21 reported to local authorities increased by 18% from approximately 957,000 to 1,134,000. During the same time, the total number of actions taken against the offences decreased by 9% from nearly 501,000 actions in 2018-19 to 456,000 actions in 2020-2021.[70] Both fixed penalty notices and prosecutions decreased by approximately 40% and 25% during these years.[71]

Behavioural

  • Litter innovation fund. Defra and the Department for Levelling Up, Housing and Communities (LUHC) set aside £450,000 for two years from 2018 to provide match funding grants of up to £10,000 for local authorities and communities to come up with creative solutions for tackling litter. For example, in 2019, Keep Britain Tidy received a grant of £9,900 to pilot a ‘reflective litter’ campaign across the City of London.[72] It involved strategically placing mirrors in areas where people often intentionally placed litter, rather than carelessly discarding it, so that those who litter would then see themselves carrying out an act of littering. The mirrors were inscribed with text slogans such as “Mirror, mirror on the wall, litter reflects badly on us all”. Monitoring of the three sites where the pilot was carried out revealed a 19.5% reduction in litter.[73] Another example was £10,000 granted to Medway Council to deliver interventions to reduce littering at Chatham Waterfront Bus Station. They nudged people to dispose of their litter properly through interventions such as having a cigarette butt disposal bin which allow smokers to place their butts in a particular bin. They also painted footsteps on the pavement which led to a rubbish and recycling bin, encouraging people to use the receptacles. The interventions delivered a 71% improvement in the public’s perception of cleanliness of the bus station.[74]

Incentives

  • Deposit Return Scheme (DRS). The Government is set to introduce a Deposit Return Scheme (DRS), where consumers will be charged a deposit on drinks containers that are refunded upon the drink container being deposited in designated recycling bins. The scheme will be run by a new body, the Deposit Management Organisation (DMO), and is designed in such a way as to provide a financial incentive for consumers to dispose of their containers in an environmentally sustainable way as opposed to littering or disposing of the containers in a regular bin to be sent to landfill.[75] Defra has finished consulting on the design of the DRS and expects to publish a full response in 2022, outlining key policy decisions, such as what rate the deposit charge will be set at, who is responsible for collecting the returns and how widely the scheme will apply for example, the different types of items included and their sizes.
  • Free Waste Disposal: In April 2022, the Government announced plans to remove the ability for local authorities to charge for the removal of DIY waste from households including plasterboards, bricks, and bath units. The Government did in fact ban charges on local residents disposing of household rubbish at household waste centres in 2015, but now guidance has made clear that this includes DIY household waste. Around a third of local authorities still charged for certain types of DIY waste prior to the most recent announcement. The announced change in regulation could save households up to £10 for each individual item being disposed of and removes a barrier to the legal disposal of DIY waste: incentivising responsible disposal and reducing the likelihood of DIY waste fly-tipping.[76]

Educational

  • National anti-litter campaign. The ‘Keep it. Bin it.’ campaign, jointly led by Defra and Keep Britain Tidy, has reached 3.3 million 16 to 24 year olds, aiming to challenge public perceptions about whether it is acceptable to litter.[77] The campaign includes videos with anti-littering messaging, such as showing the impact it has on animals, which are displayed at various locations across the country, including online, in cinemas’ pre-show adverts, at Network Rail stations and digital billboards at motorway service stations.[78] It was launched in November 2018 and has been backed by commercial partners, including McDonalds, Greggs, PepsiCo UK, Network Rail, and others.[79] Historically, other anti-littering campaigns have been very effective both within the UK and internationally. The Love Essex campaign combined education with enforcement warnings by putting up posters on billboards and buses, and messages on fast food packaging, which highlighted the risk of a fine for littering. Additionally, there were regular ‘litter-picks’ with local businesses to showcase the extent of the problem. In its third year, from August to October 2016, the campaign reported a 41% reduction in litter. The Don’t Mess With Texas campaign was launched in 1985 by the Texas Department of Transportation and for the last thirty years has aimed to teach Texans the true cost of littering. Its billboard, radio, and TV adverts contain local and national celebrities who highlight the difference a single person can make by disposing of their litter responsibly and show how much litter cleanup costs the state.[80] Since 2009, the campaign has shown a 34% reduction in visible roadside litter.[81]

Figure 1. The leading UK policy approaches and measures to fly-tipping and littering

Littering policies overseas

Elsewhere around the world, cities and countries are kept clean thanks to unique and additional policies beyond those which have been enacted in England. Here, we focus on examples of effective regulatory, punishment, behavioural, incentives, and educational policies from different countries.

Regulatory

European countries such as Malta, Ireland, Portugal and Czechia have recently introduced ‘smart bins’ to tackle overflowing receptacles in public areas.[82] The bins are attached with solar panels which power a small compactor to crush waste, thereby increasing capacity, decreasing the likelihood of overflowing receptacles, and reducing the frequency of waste collection by 85%.[83]

The bins are connected to an app which can be accessed by both city management authorities and citizens. City management can monitor the bins which are nearing capacity and target them specifically for waste collection, increasing the efficiency of rubbish truck trips. Similarly, citizens can also access data on waste collection and locate nearby empty litter and recycling bins.

Malta saw an increased recycling rate of 51% since the bin’s introduction and the central district in Prague is expected to make over £10,000 in savings a year.[84][85]

Punishments

Although punishments for fly-tipping and littering are common across the world, some are notably stricter than those in force in England. Singapore, widely regarded as one of the cleanest countries in the world, has a set of strict laws to keep its streets clean[86]. Litterers caught dropping small items such as cigarette butts or wrappers face a fine of S$300 (£180) for their first offence and subsequent offences attract increasingly higher fines of up to £10,000 for the third conviction.[87] For larger items that are littered, such as drinking vessels, the litterers are required to appear before the courts and carry out a Corrective Work Order, a form of community service where offenders must wear high visibility jackets which identify them as litterers and pick up litter.[88] Additionally, plain clothed officers enforce these laws, making them difficult to evade and over 3,000 surveillance cameras have been installed to catch litterers since 2012.[89][90] High-rise littering, where litter is thrown out of the windows of high rise apartments, has even stricter penalties, with first-time offenders facing a fine of up to S$2,000 (£1200).[91] Due to the significantly higher fines, there are less repeat high-rise littering offenders compared to general littering offenders.[92]

In addition, chewing gum is banned in Singapore. Its importation into the country is illegal for both commercial purposes or personal use.[93] If people are caught improperly disposing of chewing gum or carrying large quantities of it, they are fined S$1,000 (£600) for their first offence with increased fines for subsequent offences.[94] This ban is widely regarded as effective, significantly reducing the amount of gum stuck to sidewalks, making the streets easier to clean.[95]

Behavioural

Denmark’s capital Copenhagen ran a campaign called ‘Pure Love’ between 2012 and 2015, which encouraged residents to keep their city clean.[96] Measures included making bins bright green so they are easily identifiable, painting green footsteps on the pavement leading towards bins, and displaying heart-shaped symbols across the city with messages to reinforce the campaign.

An evaluation indicated an increase in awareness about cleanliness.[97] As a result of the campaign, Copenhagen was able to claim the title of being the cleanest city in Europe.[98]

Incentives

In Australia, the Sustainable Communities Tidy Towns Awards, given out by Keep Australia Beautiful, rewards projects and initiatives with a focus on environmental sustainability and resource management.[99] The awards include the category ‘Dame Phyllis Frost Litter Prevention’, which directly awards communities for successful litter reduction.[100] Although it is difficult to measure the success of running competitions for reducing littering and fly-tipping, the award encourages communities to keep their local area clean and increases awareness of community-led environmental action.

Educational

Sustainable Coastlines, a charity funded by the Ministry for the Environment, leads New Zealand’s ‘Litter Intelligence Programme’. The programme is built on standardised beach litter monitoring, which is New Zealand’s adaptation of the United Nations Environment Programme/Intergovernmental Oceanographic Commission methodology. [101]

This programme has two main components. The first is where each school adopts a beach in their neighbourhood. The charity provides professional development training to teachers, and students are trained on how to collect data on marine litter to identify local issues in their community and tackle them. Through the programme, students are provided with training, equipment and technology to become ‘Citizen Scientists.’[102]

After successful completion of the first component, the second component integrates Citizen Scientists within a national network of monitoring groups. Schools are allowed to contribute their data to a national litter database which is used to track littering trends in the country as well as monitor and evaluate interventions to curb littering.

The success of this programme is reflected in the high quality of the database which is being used to inform government policies such as tracking plastics and single use plastic products. The data has also been used in official government reports.[103]

Recommendations 

In the past, Bright Blue has proposed a number of policy recommendations to reduce fly-tipping and littering. These include: higher fines through FPNs for littering; ring-fencing revenue from FPNs for local environmental purposes; and totally waiving the costs for DIY waste disposal at household waste centres, a policy which was adopted by the Government in April 2022.[104]

Here we recommend new policies, based on the different types of policy approaches and from adapting examples overseas. The list of policies is not exhaustive; other organisations have proposed credible ideas which the Government should seriously consider. And there is no one single type of policy that will stop littering and fly-tipping. Instead a blend of approaches opens the possibility of finding and executing the most effective interventions to reduce both littering and fly-tipping.

The policies we recommend are guided by four key principles:

  • Fiscally responsible. Policies must be fiscally realistic and not place too great a demand on public money.
  • Be led by evidence. Policy suggestions should be supported by evidence of efficacy from either domestic trials or overseas implementation where possible.
  • Politically realistic. Suggestions should be realistic and not significantly change the workload of any government organisation or department.
  • Publicly acceptable. Policies should be likely to have the support of the majority of the public and not be too burdensome or restrictive on individuals.

Regulatory

Recommendation one: Task the Office of Environmental Protection with inspecting local authorities to ensure they are enforcing the law on litter and mandate the use of third-party enforcement services when they fail to do so.

Fines for littering – notably FPNs – could be a powerful tool to dissuade people from littering. However, many local authorities are failing to enforce the law on litter, or are doing so very lightly.[105] As mentioned previously, when local authorities were questioned via a Freedom of Information request about how many FPNs they had issued on a weekly basis, 56% of those who responded had issued less than one FPN per week and 16% issued none at all. If FPNs are not being issued, it hinders their efficacy as a deterrent for littering.

Currently, there are no official inspections into whether local authorities are enforcing the law on litter, nor are there repercussions for failing to do so. The Office of Environmental Protection (OEP), the new independent regulator designed to hold government and other public bodies to account on environmental protection, should be tasked with inspecting local authorities to ensure they are applying the law on litter. Where they are failing to do so, the OEP should mandate the use of third-party enforcement services to apply the law on litter within a local authority’s area.

Third-party enforcement services, usually private companies, are already used by some local authorities in England, such as Barnet London Borough Council and Bristol City Council. These third-party enforcement services are given authority to issue FPNs to those who litter by local authorities.  The use of such third-party enforcement services can be cost-effective for local authorities as they can generate revenue from the fines they issue. This also incentivises third-party services to actively enforce the law on littering and issue FPNs.

In 2018, the 73 local authorities who employed private, third-party enforcement services to issue FPNs issued an average of 2,940 fines each per year.[106] By comparison, the 230 local authorities who did not employ third-party enforcement services to issue FPNs issued an average of 157 each per year.[107]

Recommendation two: Update National Highways’ Key Performance Indicators to include litter, with an accompanying ambitious target for reducing it.

Littered verges along motorways remain a common sight for motorists in England. National Highways are responsible for keeping the motorways and strategic roads under their management free of litter. Attempts by National Highways to outsource this responsibility to third party contractors have been unsuccessful, as the earlier example of Connect Plus Ltd attests to.

National Highways’ Key Performance Indicators (KPIs) focus on the activities and outcomes which are most important to the organisation, broken down into several different categories. One category is ‘Being environmentally responsible’, where KPIs include noise reduction, no loss of biodiversity, air quality targets, and a reduction in carbon emissions, but with no mention of litter. Instead, litter is mentioned as a Performance Indicator,[108] but unlike KPIs, Performance Indicators are not seen as a critical measure which must be achieved and generally do not have targets.

National Highways should establish litter as a KPI. This would ensure that litter is treated as a critical measure which must be prevented, thereby embedding it within the strategic direction of National Highways. Furthermore, it should be accompanied by an ambitious litter reduction target for England’s motorway verges.

Alongside keeping motorway verges clear of litter, this would ensure that breaching contracts is taken more seriously. The contracts which have failed to deliver, such as Connect Plus Ltd, would be deemed intolerable and therefore likely to be negotiated more effectively in the future, such as including penalty clauses for failure to deliver.

Punishments

Recommendation three: Introduce imprisonment as a minimum sentence for those fly-tipping asbestos.

Currently, those caught fly-tipping face penalties ranging from unlimited fines and seizure of the vehicle used to commit the offence through to imprisonment, irrespective of the material being fly-tipped. Given the strong link between asbestos and mesothelioma – a form of cancer with an extremely high mortality rate – those caught fly-tipping asbestos should face imprisonment as a minimum sentence.[109]

Behavioural

Recommendation four: Defra should re-establish the Litter Innovation Fund on a long-term basis with annual funding grants.

The Litter Innovation Fund ran for two years from 2018 to 2019 and gave £450,000 worth of funding to various charities and organisations to trial novel anti-littering methods, some of which have been described earlier.[110] Defra should re-create the fund on a long-term basis with new grants available annually for local authorities and other third party organisations for initiatives to effect positive behavioural change around littering.

While there is no analysis for the overarching efficacy of the Littering Innovation Fund in reducing litter, specific projects that were funded from it such as Keep Britain Tidy’s reflective litter campaign and Medway Council’s cigarette butt bin scheme have proven efficacy.[111][112]

After the Litter Innovation Fund has been evaluated to demonstrate efficacy and value for money, it should be committed to on a long-term basis with local authorities and third parties allowed to bid for grants annually. This policy would encourage and assist local authorities in meeting their local littering reduction ambitions and encourage the development of new ideas to reduce littering behaviour.

Educational

Recommendation five: Establish a Litter Intelligence Programme within the NCS so young people can become UK ‘Citizen Scientists’

The National Citizen Service (NCS) is a government-sponsored voluntary initiative for 16-17 year olds where they engage with a range of extracurricular activities that include outdoor team-building exercises, independent living, and social action projects. Currently, the scheme offers placements during school holidays in spring, summer and autumn.[113] In a previous report, Distant Neighbours, Bright Blue recommended that all state school students should participate in at least one week of NCS during term time in Year 9 or Year 10.[114]

During the second week of the scheme the children “design and implement a social action project which will have a long-lasting impact in the local community.”[115] While litter collection is already an option, the NCS should create a more formalised Litter Intelligence Programme mimicking that of New Zealand’s during the second week of the programme for student groups who choose litter collection as their social action.

The groups of students who choose to participate in this programme route in the NCS will be given a local area to adopt and then trained on how to collect data on litter. Once students have completed this one week course they can become labelled as Citizen Scientists or equivalent based on the level of training they received. Additionally, the data collection aspect of the training can be put on both their CVs, university applications, and if the scheme is successful form an additional source of litter data for national analysis.

Conclusion

Fly-tipping and littering continues to cause economic, environmental and social damage to communities across the country. With fly-tipping incidents rising over the past three years and reports of littering increasing, it is clear that public policy needs to do more in order to tackle this serious problem.

The policy recommendations above, or ones proposed by Bright Blue previously, are not exhaustive and will not end fly-tipping and littering. But by acting on these recommendations, government can play its part in reducing the level of fly-tipping and littering, creating a robust policy framework upon which to build on in the future. 

Authors

Patrick Hall, Rebecca Foster, Joshua Marks and Shrishti Kajaria

Acknowledgments

This report has been made possible with the generous support of the John Ellerman Foundation. The views expressed in this publication do not necessarily reflect the views of the sponsor. We would like to thank Sam Hall and Kitty Thompson for peer reviewing this report. We would also like to thank Ryan Shorthouse for his editing and feedback.

Footnotes

[1] Patrick Hall, “Nature positive? Public attitudes towards the natural environment”, Bright Blue, http://www.brightblue.org.uk/wp-content/uploads/2021/07/Nature-positive.pdf (2021), 33.
[2] Ibid,76.
[3] Patrick Hall and William Nicolle, “Global green giant? A policy story”, Bright Blue, http://brightblue.org.uk/wp-content/uploads/2020/02/Global-green-giant-a-policy-story.pdf (2020), 29-30.
[4] Bright Blue, “Littering petition”, http://green.brightblue.org.uk/littering-petition (2021).
[5] GOV UK, “The Controlled Waste Regulations 1992”, https://www.legislation.gov.uk/uksi/1992/588/contents/made (1992).
[6] Louise Smith, “Fly-tipping – the illegal dumping of waste”, House of Commons Library, https://commonslibrary.parliament.uk/research-briefings/sn05672/ (2021).
[7] Sara Priestley, “Litter: key trends, policy and legislation”, House of Commons Library, https://commonslibrary.parliament.uk/research-briefings/sn06984/ (2017).
[8] United Nations Environment Programme, “Plastic planet: How tiny plastic particles are polluting our soil”, https://www.unep.org/news-and-stories/story/plastic-planet-how-tiny-plastic-particles-are-polluting-our-soil#:~:text=Chlorinated%20plastic%20can%20release%20harmful,species%20that%20drink%20the%20water l (2018).
[9] Ibid.
[10] RSPCA, “How littering affects animals”, https://www.rspca.org.uk/adviceandwelfare/litter (2021).
[11] Macquarie University, “It’s not just fish, plastic pollution harms the bacteria that help us breathe”, https://www.eurekalert.org/pub_releases/2019-05/mu-inj051219.php (2019).
[12] Annie Gouk, “The true cost of litter and fly-tipping in England”, https://www.inyourarea.co.uk/news/the-true-cost-of-litter-and-fly-tipping-in-england/ (2020).
[13] Estimates for clearance costs of other sizes of fly-tipping are unavailable.
[14] Department for Environment, Food & Rural Affairs, “Fly-tipping and littering statistics for England, 2020 to 2021”, https://www.gov.uk/government/statistics/fly-tipping-in-england/fly-tipping-statistics-for-england-2020-to-2021 (2021).
[15] Keep Britain Tidy, “How clean is England? The Local Environmental Quality Survey of England 2014/15”, https://www.keepbritaintidy.org/sites/default/files/resources/KBT_How_Clean_Is_England_LEQSE_Report_2015.pdf (2015), 36.
[16] British Pest Control Association, “PestAware the pest control blog from BPCA” https://bpca.org.uk/Pest-Aware/pest-awareness-week-kicks-off-with-war-on-litter-to-tackle-rodent-numbers/194769 (2018).
[17] Zero Waste Scotland, “Litter and flytipping – the costs and the consequences” https://www.zerowastescotland.org.uk/litter-flytipping/impacts (2022)
[18] Gov.uk, “Levelling Up the United Kingdom”, https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1052706/Levelling_Up_WP_HRES.pdf (2022)
[19] Fiona Harvey, “Fly-tipping in England increases during Covid pandemic”, The Guardian,  https://www.theguardian.com/environment/2021/dec/08/fly-tipping-in-england-increases-during-covid-pandemic (2021)
[20] Figures are presented by tax year – e.g. 2019-20 refers to the period April 2019 to March 2020. Due to methodological changes, data from 2018-19 onwards is not comparable with earlier years.
21] ChronicleLive, “Incidents of fly-tipping soared in the North East during the pandemic”, https://www.chroniclelive.co.uk/news/north-east-news/flytipping-soar-north-east-pandemic-22876153 (2022).
[22] ‘Other unidentifiable’ was the most prevalent form of fly-tipped waste after household waste, but cannot be categorised.
[23] Keep Britain Tidy, “Littering Monitoring” https://www.keepbritaintidy.org/sites/default/files/resource/KBT17_Policy_Position_Litter_Monitoring.pdf (2016), 1-2.
[24] Keep Britain Tidy, “Litter in England: The local environmental quality survey of England 2019/20”, https://www.keepbritaintidy.org/sites/default/files/resource/National%20Litter%20Survey%20How%20Clean%20is%20England%20Leaflet%202019%202020.pdf (2020).
[25] Alistair MacQueen, “Britain in midst of ‘litter crisis’ according to latest data”, iNewshttps://inews.co.uk/news/britain-in-litter-crisis-1055667, 2021.
[26] Keep Britain Tidy, “Litter in England: The local environmental quality survey of England 2019/20”, https://www.keepbritaintidy.org/sites/default/files/resource/National%20Litter%20Survey%20How%20Clean%20is%20England%20Leaflet%202019%202020.pdf (2020).
[27] Keep Britain Tidy, “Littering in England: the local environmental quality survey of England”, https://www.keepbritaintidy.org/sites/default/files/resource/National%20Litter%20Survey%20201718_0.pdf (2017/18), 1-7.
[28] Department for Environment, Food & Rural Affairs, “Government explores next steps to clean up tobacco litter in England”, https://www.gov.uk/government/news/government-explores-next-steps-to-clean-up-tobacco-litter-in-england (2021)
[29] Clean Up Britain and DecTec, “Cigarette butt littering research: report summary” (2021), 3-4.
[30] Ibid,13.
[31] Ibid.
[32] Campaign to Protect Rural England, “Three in four people report rise in PPE litter since coronavirus”, https://www.cpre.org.uk/about-us/cpre-media/rise-in-ppe-litter-since-coronavirus/ (2020).
[33] UK data based on unpublished Savanta ComRes polling commissioned by Bright Blue.
[34] Ibid., 17-32.
[35] Paul Bonarrigo et al., “Using Behaviour-Change Strategies to Reduce Littering in Lambeth” https://cpb-us-w2.wpmucdn.com/wp.wpi.edu/dist/2/96/files/2020/03/Lambeth-Final-Presentation.pdf (2020), 7-8.
[36] Social Engine, “Reducing littering in the New Forest: A behavioural insight project”
https://local.gov.uk/sites/default/files/documents/Final%20Report%20050121.pdf (2020), 2-3.
[37] Ibid., 37.
[38] Conserve Energy Future, “What is Littering?” https://www.conserve-energy-future.com/causes-problems-solutions-littering.php (2021).
[39] Fenland District Council, “Bulky Waste”,  https://fenland.gov.uk/bulkywaste (2021).
[40] Medway Council, “Book a large or bulky item collection”, https://www.medway.gov.uk/info/200132/waste_and_recycling/71/book_a_large_or_bulky_item_collection (2022).
[41] Blackpool Council, “Collection of bulky items”, https://www.blackpool.gov.uk/Residents/Waste-and-recycling/Collection-of-bulky-items/Collection-of-bulky-items.aspx (2022).
[42] Buckinghamshire Council, “Full list of non-household waste charges”, https://www.buckscc.gov.uk/services/waste-and-recycling/household-recycling-centres/charges-for-non-household-waste/full-list-of-non-household-waste-charges/ (2021).
[43] West London Waste, “Charges at household re-use and recycling centres”, https://westlondonwaste.gov.uk/recycling-sites/hrrc-charges-your-questions-answered/ (2022).
[44] Patrick Hall and William Nicolle, “Global green giant? A policy story”, Bright Blue, http://brightblue.org.uk/wp-content/uploads/2020/02/Global-green-giant-a-policy-story.pdf (2020), 30
[45] Department for Business, Energy & Industrial Strategy, “Government announces new crackdown on fly-tipping”, https://www.gov.uk/government/news/government-announces-new-crackdown-on-fly-tipping (2022).
[46] Damian Carrington, “Littering unpunished by many councils in England and Wales”, The Guardian, 27 Aug, 2020.
[47] Alex Thomson, “The private company failing to tame epidemic of litter on our motorways,” Channel 4 News, https://www.channel4.com/news/the-private-company-failing-to-tame-epidemic-of-litter-on-our-motorways, 2020.
[48] National Audit Office, “PFI and PF2”, https://www.nao.org.uk/wp-content/uploads/2018/01/PFI-and-PF2.pdf (2018), 40.
[49] Street Litter Control Notices gave councils the power to require businesses or individuals to clear litter from around their premises and take steps to prevent future littering. On the other hand, Litter Abatement Notice enables the Principal litter authorities to take action where a duty body is not keeping its relevant land clear of litter and refuse. Courts can also fine the littering authority with £2,500 charges and subsequent increase of £125 for each day after conviction. Similarly, Principal litter authorities also have the power to issue Litter Clearing Notices when land in their area is littered and detrimental to the amenity of that area. This notice can be used for most types of land and is thus a tool to tackle little on private land which might be blown towards public areas. Authorities also have the right to clean the litter themselves and then recover the cost from the occupier or owner of the land.
[50]GOV UK, “Anti-social Behaviour, Crime and Policing Act 2014” https://www.legislation.gov.uk/ukpga/2014/12/contents/enacted (2014).
[51] GOV UK, “Environmental Protection Act 1990” https://www.legislation.gov.uk/ukpga/1990/43/section/33 (1990).
[52] Ibid.
[53] Insight Security, “Large=Scale Fly-Tipping On The Rise”, https://www.insight-security.com/large-scale-fly-tipping-on-the-rise (2020)
[54] Department for Environment, Food and Rural Affairs, “Carrier bags: why there’s a charge”, https://www.gov.uk/government/publications/single-use-plastic-carrier-bags-why-were-introducing-the-charge/carrier-bags-why-theres-a-5p-charge (2021).
[55] Ibid.
[56] Patrick Hall and William Nicolle, “Global green giant? A policy story”, Bright Blue, http://brightblue.org.uk/wp-content/uploads/2020/02/Global-green-giant-a-policy-story.pdf (2020), 27
[57] House of Common Library, “Single use plastic: How do bans differ across the UK and EU?”, https://commonslibrary.parliament.uk/single-use-plastic-how-do-bans-differ-across-the-uk-and-eu/ (2022).
[58] Department for Environment, Food & Rural Affairs, “Straws, cotton buds and drink stirrers ban: rules for businesses in England”, https://www.gov.uk/guidance/straws-cotton-buds-and-drink-stirrers-ban-rules-for-businesses-in-england (2020).
[59] Department for Environment, Food and Rural Affairs, “Consultation on proposals to ban commonly littered single-use plastic items in England”, https://consult.defra.gov.uk/environmental-quality/consultation-on-proposals-to-ban-commonly-littered/  (2021).
[60] Timo Herberz 1, Claire Y. Barlow, and Matthias Finkbeiner, “Sustainability Assessment of a Single-Use Plastics Ban”, https://d-nb.info/1222099179/34 (2020).
[61] Department for Environment, Food and Rural Affairs, “Packaging and packaging waste: introducing Extended Producer Responsibility”, https://www.gov.uk/government/consultations/packaging-and-packaging-waste-introducing-extended-producer-responsibility (2022).
[62] Department for Environment, Food and Rural Affairs, “Mandatory digital waste tracking”, https://www.gov.uk/government/publications/digital-waste-tracking-service/mandatory-digital-waste-tracking (2022).
[63] Campaign to Protect Rural England, “What is litter?”, https://www.cpre.org.uk/what-we-care-about/better-places-to-live/cleaner-countryside/litter-and-the-law/what-is-litter/ (2020).
[64] Campaign to Protect Rural England, “Litter Law England and Wales”
https://www.cpre.org.uk/wp-content/uploads/2020/05/CPRE-Litter-Law-Report.pdf (2020), 4-5.
[65] Ibid.
[66]  Patrick Hall and William Nicolle, “Global green giant? A policy story”, Bright Blue, http://brightblue.org.uk/wp-content/uploads/2020/02/Global-green-giant-a-policy-story.pdf (2020), 29
[67] Carrington, “Littering unpunished by many councils in England and Wales”, The Guardian, 2020.
[68] Keep Britain Tidy, “The Effectiveness of Enforcement on Behaviour Change”, https://www.ipsos.com/sites/default/files/publication/1970-01/sri-manchester-effectivness-of-enforcement-kbt-2011.pdf (2011), 7-10.
[69] GOV UK, “Anti-Social Behaviour, Crime and Policing Act 2014”, https://www.legislation.gov.uk/ukpga/2014/12/notes/division/5/4 (2014).
[70] DEFRA, the official body responsible for collecting data on fly-tipping, changed its data collection methodology in 2018 due to which data from previous years is not comparable.
[71] GOV UK, “ENV24 – Fly Tipping Incidents And Actions Taken In England”, https://www.gov.uk/government/statistical-data-sets/env24-fly-tipping-incidents-and-actions-taken-in-england (2021).
[72]  Keep Britain Tidy, “Litter innovation fund (LIF)”, https://www.keepbritaintidy.org/sites/default/files/resources/KBT_260219_Reflective-Littering-Innovation_Defra-LIF.pdf (2019).
[73] Ibid.
[74] Medway Council, “Litter innovation fund (LIF)”, https://www.medway.gov.uk/download/downloads/id/4299/lif_final_report_final_jun19.pdf (2019).
[75] Biffa, “Deposit Return Scheme (DRS)”, https://www.biffa.co.uk/deposit-return-scheme (2022).
[76] Department for Environment, Food and Rural Affairs, “Government announces new crackdown on fly-tipping”, https://www.gov.uk/government/news/government-announces-new-crackdown-on-fly-tipping (2022).
[77] Oliver Nicholls, “Keep it, bin it”, Civil Service, https://civilservice.blog.gov.uk/2020/02/06/keep-it-bin-it-working-to-discourage-young-people-from-littering/ (2020).
[78]Keep Britain Tidy, “Keep It, Bin It”, https://www.keepbritaintidy.org/keep-it-bin-it (2021).
[79] Department for Environment, Food & Rural Affairs, “Devastating impact on nature highlighted in new campaign to fight litter”, https://www.gov.uk/government/news/devastating-impact-on-nature-highlighted-in-new-campaign-to-fight-litter (2018).
[80] Don’t Mess with Texas, “Don’t Mess with Texas – The Campaign”,  https://www.dontmesswithtexas.org/the-campaign/ (2022).
[81] Zero Waste Scotland, “Some of the Best Litter Prevention Campaigns from Around the World”, https://www.zerowastescotland.org.uk/litter-flytipping/top-campaigns.
[82] Aseniya Dimitrova, “Prague introduces smart bins to save energy and money”, The Mayor, https://www.themayor.eu/en/a/view/prague-introduces-smart-bins-to-save-energy-and-money-3527, (2021).
[83] Monika Dimitrova, “Smart bins reduce waste collection by up to 85%”, The Mayor, https://www.themayor.eu/en/a/view/smart-bins-reduce-waste-collection-by-up-to-85-1879 (2021).
[84]  Aseniya Dimitrova, “Malta uses Internet of Things technology to monitor smart bins”, The Mayor, https://www.themayor.eu/en/a/view/malta-uses-internet-of-things-technology-to-monitor-smart-bins-2827 (2021).
[85]  Ibid.
[86]  Alliance to End Plastic Waste, “The countries who have built a culture of cleanups”, https://endplasticwaste.org/en/our-stories/the-countries-who-have-built-a-culture-of-cleanups#:~:text=Singapore%20is%20known%20for%20having,punishments%20such%20as%20community%20cleaning (2021).
[87]  National Environment Agency, “Enforcement for littering offences increased by almost 22 per cent in 2018”, https://www.nea.gov.sg/media/news/news/index/enforcement-for-littering-offences-increased-by-almost-22-per-cent-in-2018 (2019).
[88] Djulia Montana De Veyra, “Singapore: laws to know before you go”, https://www.goabroad.com/articles/study-abroad/singapore-laws-to-know-before-you-go#:~:text=Littering,candy%20wrappers%20are%20fined%20%24300 (2021).
[89]  National Environment Agency, “Enforcement for littering offences increased by almost 22 per cent in 2018”, https://www.nea.gov.sg/media/news/news/index/enforcement-for-littering-offences-increased-by-almost-22-per-cent-in-2018 (2019).
[90] Alicia Tan, “Singapore has thousands of litterbug catching cameras”, Mashable (2016).
[91] Cheryl Lin, “More than 1,000 enforcement actions taken against high-rise litterbugs last year”, Channels News Asia, 2 February 2021.
[92] Ibid.
[93] Singapore Statutes Online, “Regulation of imports and exports act”, https://sso.agc.gov.sg/SL/272A-RG4 (1999).
[94] Djulia Montana De Veyra, “Singapore: laws to know before you go”, https://www.goabroad.com/articles/study-abroad/singapore-laws-to-know-before-you-go#:~:text=Littering,candy%20wrappers%20are%20fined%20%24300 (2021).
[95] Naren Kashyap and Mary Rani Thomas, “3-Rev7 in Singapore- Case Study Editor”, https://www.researchgate.net/publication/333446623_3-Rev7_in_Singapore-_Case_Study_Editor, (2019)
[96] Clean Europe Network, “Nudging: from Denmark with love”, https://cleaneuropenetwork.eu/en/blog/nudging-from-denmark-with-love/agf/, (2016).
[97] Ibid.
[98] Ibid.
[99] Keep Australia Beautiful is a non public body but is partnered with the Australian Government
[100] Keep Australia Beautiful, “Community Towns” https://kab.org.au/beechworth-crowned-australias-most-sustainable-community/ (2022).
[101] The Commonwealth, Clean Ocean Alliance “ Litter Intelligence Programme, New Zealand”, https://thecommonwealth.org/case-study/case-study-litter-intelligence-programme-new-zealand-going (2020).
[102] Ibid.
[103] Ibid.
[104] Patrick Hall and William Nicolle, “Global green giant? A policy story”, Bright Blue, http://brightblue.org.uk/wp-content/uploads/2020/02/Global-green-giant-a-policy-story.pdf (2020)
[105] Damian Carrington, “Littering unpunished by many councils in England and Wales”, The Guardian, 27 Aug, 2020.
[106] Manifesto Club, “Corruption of punishment: over 200,000 litter fines issued by private security guards in 2018”, https://manifestoclub.info/corruption-of-punishment-over-200000-litter-fines-issued-by-private-security-guards-in-2018/ (2019).
[107] Ibid.
[108] National Highways, “Highways England: Operational metrics manual”, https://nationalhighways.co.uk/media/5isknpuq/ris2-operational-metrics-manual-july-2021-1.pdf (2021).
[109] Cancer Research UK, “Risks and causes” https://www.cancerresearchuk.org/about-cancer/mesothelioma/risks-causes (2022).
[110] WRAP, “Litter Innovation Fund”, https://wrap.org.uk/what-we-do/our-services/grants-and-investments/litter-innovation-fund (2022).
[111] Keep Britain Tidy, “Litter innovation fund (LIF)”, https://www.keepbritaintidy.org/sites/default/files/resources/KBT_260219_Reflective-Littering-Innovation_Defra-LIF.pdf (2019).
[112] Medway Council, “Litter innovation fund (LIF)”, https://www.medway.gov.uk/download/downloads/id/4299/lif_final_report_final_jun19.pdf (2019).
[113] National Citizen Service, “Your questions answered”, https://wearencs.com/faqs (2022).
[114] Bright Blue, “Distant neighbours? Understanding and measuring social integration in England”, http://brightblue.org.uk/wp-content/uploads/2019/07/Distant_Neighbours_Final.pdf (2019).
[115] Bright Blue request for information from NCS support line.

Lee Marsons: We need to be cautious about Human Rights Act reform

By Centre Write, Law & Justice, Politics

In the 2019 general election manifesto, the government promised a programme of constitutional reform rebalancing the relationship between the judiciary, government and Parliament (p.48). It then established the Independent Human Rights Act Review (IHRAR) to assess the need to reform the Human Rights Act (HRA). This is an Act of Parliament which allows British judges to domestically enforce certain rights in the European Convention on Human Rights (ECHR). Put simply, British residents do not need to pursue cases in the European Court of Human Rights in Strasbourg to vindicate ECHR rights. Instead, cases can be heard and rights protected by British judges.

Led by a former Court of Appeal judge, IHRAR recommended modest reforms and concluded that the HRA was broadly working to “bring rights home”. After receiving these recommendations, the government consulted on much more significant reforms, and the briefing notes to the recent Queen’s Speech suggest that many of these will be adopted when the proposed new Bill of Rights is published soon.

The HRA has been instrumental in defending human rights as diverse as property rights, physical liberty, freedom of religion, freedom of expression and the presumption of innocence. It remains a key, and sometimes the only, reason for success in important cases where human rights have been subject to arbitrary and disproportionate state action. Equally, on matters such as assisted dying, foreign relations, public health, welfare benefits, and immigration, judges have been careful to respect the will of Parliament and the expertise of ministers.

In contrast to IHRAR, the evidence base for reform in the government’s consultation was not extensive. In general, the consultation relied on past trends in case law which have since been modified by the judges themselves; identifies problems that Parliament itself has already substantially resolved; and at times offers no empirical basis beyond one or two unrepresentative cases. 

In this context, it is worth highlighting some of the specific proposals and explaining why we should be cautious. Reform of the HRA should not be done casually or lightly. 

First is the introduction of a human rights permission stage, requiring claimants to prove that they have suffered “significant disadvantage” through the interference with their rights before pursuing a court case. This could lead to individuals being unable to pursue claims domestically which they could win at Strasbourg. 

Strasbourg also has a “significant disadvantage” threshold but with an exception where “respect for human rights…requires an examination of the application”. 

This contrasts with the government’s more stringent exception of “highly compelling reasons”, “exceptional circumstances” or “overriding public importance”. With this disparity, it is possible that cases will fall at the domestic level but go onto succeed at Strasbourg – that is, if the claimant even has the resources and energy to pursue their case that far. Prior to the HRA, on average a claimant waited five years and spent £30,000 before even getting to Strasbourg and, once there, with the current backlog, it can often take a year before the court begins work. We need to be alive to the risk of this dire situation returning, even for a small number of claimants.

This proposal could also reduce the influence that the British judiciary have over the eventual outcome of a case because they would have been required not to hear it and so would not be able to offer reasons which could then be considered by Strasbourg. Indeed, in important cases, British judges, especially in the UK Supreme Court, have been decisive in causing Strasbourg to change course following potentially problematic rulings.

A second proposal suggests abolishing the judicial power to invalidate (‘quash’) statutory instruments which violate human rights. Statutory instruments are a type of secondary legislation produced by ministers, normally not authorised in advance by Parliament. During the Covid lockdown periods, for instance, we were primarily governed via statutory instruments. 

An example of how this quashing power was used is a case in 2020 brought by the British Medical Association. The Health Secretary had produced a statutory instrument giving him the right to revoke an NHS pension where an NHS employee was charged with a criminal offence. There was no right of appeal and no automatic right to have the pension restored, even after acquittal. 

The Administrative Court declared this scheme to be a violation of the right to property, the right to a fair trial and the principle of non-discrimination. The judge quashed the statutory instrument so that this unilateral ministerial power was invalid and could not be used. If the government’s proposal is pursued, the BMA could not have received the powerful remedy that it did.  

In any event, this power to quash is used only very rarely. PLP research has demonstrated that of the 14 successful challenges to statutory instruments under the HRA between 2014 and 2021, the court quashed the instrument in just 4 cases.

A third proposal relates to section 3 of the HRA, which requires courts to interpret legislation “so far as it is possible to do so” to be compatible with human rights. This provision means that, for example, where a statute criminalises “grossly offensive” language, judges are able to give effect to that statute in a way that still respects freedom of expression.

By contrast, the government proposes to prevent courts using section 3 to make interpretations which are contrary to the ordinary meaning of a statute. Section 3 can be used to interpret legislation in a way that is contrary the ordinary meaning of words but, ordinarily, as research by JUSTICE indicates, courts take a cautious approach to the use of this power. In any event, Parliament remains sovereign and, if it believes that a court has gone wrong via a section 3 interpretation, it can reverse the case.

We need to proceed with caution. Reform in this important area should make use of the best available evidence, go no further than necessary to resolve problems, and be done in full awareness that disproportionate attempts to stop “bad cases” risk also stopping the good.

Lee is currently Research Fellow in Constitutional Reform at the Public Law Project. Views expressed in this article are those of the author, not necessarily those of Bright Blue. [Image: Gov.uk]