Only 15% of reported fly-tipping cases result in prosecution – Conservatives

Only 15% of fly-tipping cases reported to the Crown Office result in prosecution, according to data obtained by the Scottish Conservatives.

Freedom of information data showed that since 2016, just 59 of the 375 fly-tipping reports received by the Crown Office were taken to court.

Last month, it emerged that more than 60,000 instances of fly-tipping were recorded in Scotland during 2022.

Tory MSP Murdo Fraser is bringing a Members’ Bill to the Scottish Parliament which would increase sanctions on fly-tippers and aim to improve reporting mechanisms.

Mr Fraser said: “These deeply concerning figures underline why my fly-tipping Bill is so essential.

“It’s bad enough that such a tiny proportion of fly-tipping cases are reported to the Crown Office, but it’s extremely disappointing that just 15% of these are then prosecuted.

“Fly-tipping is a blight on Scotland’s landscape – it causes terrible environmental damage across the country and impacts both rural and urban areas.

“We need to send a clear message to those responsible that it won’t be tolerated – but that’s not currently happening.”

He added: “The destructive, criminal dumping of waste in unauthorised locations is utterly unacceptable, and the lack of prosecution exposes the alarming scale of this problem. It is therefore vital that we get it on the statute book as soon as possible.

“This Bill is not party political, but a common sense piece of legislation that will strengthen the law and toughen the punishments so that this scourge in our communities can be tackled effectively.”

The Scottish Government ran a consultation on an updated litter and fly-tipping strategy from December 2021 to the end of March 2022.

The process included proposals to strengthen enforcement measures, including raising fines for fly-tipping from £200 to £500 – the maximum permitted by current legislation.

A Crown Office spokesman 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 prosecutors.

“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: “Individual prosecution decisions for fly-tipping cases are a matter for the Procurator Fiscal.

“The Scottish Government is determined to tackle the serious environmental and economic impacts that fly-tipping causes.

“We have already announced plans to more than double fines and are also looking at the possibility of extending the use of civil penalties to enforce offences.

“We will be publishing a new Litter & Fly-tipping Strategy later this year. This will set how we will plan to work with partners to develop a more effective enforcement system.”