MSPs reject Tory’s bid to increase fines for fly-tipping to £5,000

A Tory who told MSPs how items including freezers full of food and hypodermic needles have been dumped on his farmland failed in a bid to get fines for fly-tipping increased to £5,000.

Conservative MSP Edward Mountain, who owns a farm in the Moray area, insisted the illegal dumping of such items was a “blight that covers Scotland”.

Urging Holyrood to back an increase to fines for fly-tipping, Mr Mountain said: “Like most farmers across Scotland, and land owners across Scotland, we have suffered from people throwing stuff on to the farm.

“In the last few weeks, it was 30 tyres and a rolled up mattress. Prior to that it has been deep freezes full of food, it’s been asbestos, it’s been oil, it’s been a combination of things including hypodermic needles scattered around along with nails in fields of cattle.”

The Highlands and Islands MSP added: “I don’t think there is any excuse at all for fly-tipping, and I think fly-tipping is a blight that covers Scotland.”

He put forward an amendment to increase the fines that can be imposed as MSPs debated the Circular Economy (Scotland) Bill at Holyrood.

The Tory pointed out that previous laws passed by the Scottish Parliament had imposed unlimited fines for those found guilty of killing mountain hares, as he argued fly-tipping “could kill more wildlife than anything else”.

He told Holyrood: “I think we ought to consider carefully what our priorities are and whether we think it is right that people go round the countryside causing a blight on Scotland, which is not making it attractive for tourists to come here.”

However, MSPs rejected his amendment by 47 votes to 69, with the vote coming after climate action minister Gillian Martin had argued a £5,000 fine would “not be a proportionate amount” for less serious cases of fly-tipping,

Noting that fly-tipping could range from leaving a single item on the street to “abandoning tonnes of waste in a country lane or on agricultural land”, she said there were already different penalties in place for serious cases.

These penalties can result in people being reported to the procurator fiscal for prosecution in the courts, or civil sanctions – which can include penalties of up to £40,000 – can be imposed by the Scottish Environment Protection Agency (Sepa), Ms Martin said.

Stressing that she agreed with the need to have a “strong and effective enforcement regime to deter and tackle fly-tipping” Ms Martin said that fixed penalty notices had already been increased to £500, up from £200.

Meanwhile, she said measures in the Bill – which is due to receive final approval on Wednesday – would allow for future increases.

The minister said: “This is going to ensure that the FPN (fixed penalty notice)  amount can be increased in the future and remain  a proportionate means of addressing less serious incidents of fly-tipping as part of the range of options that are available.”