Court fines for littering in dramatic decline

A lack of enforcement by cash-strapped councils is blamed for the drop in fiscal fines, despite a ‘litter emergency’

By Chris Green

Court fines for littering in dramatic decline

A lack of enforcement by cash-strapped councils is blamed for the drop in fiscal fines, despite a ‘litter emergency’

By Chris Green

The number of fines issued by courts to people caught littering in Scotland has declined dramatically over the past 10 years.

Official figures published by the Scottish Government show that only six fiscal fines were recorded in 2022/23 for littering – compared with 797 in 2013/14.

And fiscal fines for fly-tipping – which involves the dumping of large quantities of waste and is distinct from littering – have declined from 11 to seven over the same period.

The figures also show that nobody has been prosecuted for littering since 2018/19, whereas in 2013/14 a total of 16 people were prosecuted, with 13 convictions.

Campaigners told 1919 that Scotland is facing a “litter emergency” and that the Scottish Government and councils should reform the system for fines.

Fiscal fines are usually required when someone given an on-the-spot fine for littering either refuses to pay it or fails to meet the deadline for doing so, and their case is referred to the procurator fiscal.

They can be significantly higher than the £80 Fixed Penalty Notice (FPN) for littering, which can be issued by council enforcement officers, police officers, and public bodies such as national park authorities.

The decline in fiscal fines suggests that fewer people are being issued with FPNs, despite the vast majority of the public believing more should be done to tackle littering.

Recent research published by the charity Keep Scotland Beautiful found that 87 per cent of people believe that litter is a national problem, with 82 per cent wanting to see more effort put into prevention.

“The problems and inconsistencies with the enforcement system for litter fines need to be urgently addressed”

Barry Fisher, chief executive at Keep Scotland Beautiful

Attempts to improve the situation have focused on fly-tipping, with the penalty for this rising from £200 to £500 at the start of last year.

Barry Fisher, chief executive at Keep Scotland Beautiful, said: “We know that government, nationally and locally, can and should do more to implement existing, and put in place new legislation and policies to tackle littering.

“But ultimately standards are falling because of the behaviour of those who repeatedly litter.

“Scotland has a litter emergency. The problems and inconsistencies with the enforcement system for litter fines need to be urgently addressed, and we recognise that this is not an easy fix.”

As well as the environmental and visual impact of litter, there is also a high economic cost associated with dealing with the problem.

It is estimated that £60.7 million of public money is spent each year by local authorities on a combination of clean-up, education, and enforcement activities, with an additional £21 million spent by other public and private bodies.

Keir Greenaway, senior organiser in public services at the GMB Scotland union, said littering and fly-tipping are getting “dramatically worse” due to “reductions in services, higher charges for uplifts and reduced enforcement action by councils”.

He added: “The cost of clearing fly-tipping may also be a deterrent as landfill has become more expensive.

“Our public services have endured years of budget cuts meaning choices have to be made and spending priorities decided.

“The reduced investigation, enforcement and punishment can only suggest halting littering and fly-tipping is no longer a priority.”

A spokesperson for the Crown Office and Procurator Fiscal Service said: “We recognise that fly-tipping is a nuisance for the public and can be detrimental to communities.

“Only a very small number of the recorded incidents of fly-tipping are reported to us. When we do receive reports, we will take action where there is evidence of a crime and it is in the public interest to do so.”

A Scottish Government spokesperson said: “We know that litter and fly-tipping are important issues for local people and communities.

“That is why we have increased the fixed penalty notice for fly-tipping and will introduce a new civil penalty for littering from vehicles in due course. We are also banning single use vapes from June.”

A Police Scotland spokesperson said: “Officers will carry out the necessary enforcement action when littering offences are reported by the public. We would encourage anyone with any concerns to contact police or their local authority.”

The Convention of Scottish Local Authorities (COSLA) did not respond to a request for comment.