Polluters face on-the-spot fines

SCOTLAND’S environmental watchdog could gain the power to hand out spot fines of up to £40,000 for green crimes under a planned clampdown on polluters.

The Scottish Environment Protection Agency (Sepa) currently has to refer any alleged breaches to procurators fiscal in a lengthy process that involves prosecution through the courts.

However, under proposals, out for consultation, Sepa would be able to issue fines of between £500 to £40,000.

For example, a dry cleaners which failed to report the quantity of solvents it used might face a small fine, while companies illegally burning waste or polluting rivers could face the maximum fine.

Environmental groups welcomed the idea.

Sepa chairman David Sigsworth said: “The proposals provide for a more consistent range of enforcement tools so that swift, proportionate and effective action can be taken against those who would damage the environment for criminal profit or through wilful neglect.”

Sepa argues that many other regulators have the ability to hand out fines, such as the Financial Services Authority and the Office of Fair Trading.

The Environment Agency, the equivalent to Sepa in England and Wales, also already has the power to hand out financial penalties.

And whereas currently fines paid following a court case in Scotland go to the Treasury at Westminster, the money paid to Sepa would go to the Scottish Government.

In the future, an environmental fund could be set up, with the money going to restoration projects.

Culprits would have a right of appeal to Scottish ministers.

Bridget Marshall, head of legal operations at Sepa, said the courts would continue to prosecute the most serious cases but added that it would give the agency more tools to address less serious offences.

Currently, fiscals will only take on the most significant cases, meaning that more minor offences may go unpunished.

Sepa has calculated that a fifth of cases it currently refers to the courts could be dealt with using the new system of penalties, freeing up the justice system.

“We are currently using court time for cases that people on the street might not think are particularly criminal,” said Marshall.

She added that it would also be better for businesses.

“For a company to have a criminal prosecution hanging over them for what is a fairly minor non-compliance [issue] is a big deal,” she said.

Dr Richard Dixon, director of WWF Scotland, supported the proposals and said it would give Sepa more power, with “much more direct and immediate recourse to crack down on the bad guys”.

“It takes Sepa a lot of effort to take someone to court. Although prosecutions are quite successful these days you are taking your chances in the court system to see whether it gets through.

“I think it’s something that will speed up justice for the environment in cases where it’s clear cut.

“It also gives the message that Sepa will work with businesses but also come down on them hard if they do things wrong.”

Friends of the Earth Scotland campaigner Mary Church said: “Proposals to increase Sepa’s powers, including imposing bigger fines and issuing on-the-spot penalties to polluters, are very welcome.

“However, the Scottish Government has slashed our environmental watchdog’s budget in recent years, and we’ve seen a corresponding and worrying drop in site inspections, sampling and enforcement actions.

“If the Scottish Government is serious about protecting our environment then Sepa must be properly funded to do its job.”

The proposals are set out in a “Consultation on Proposals for an Integrated Framework of Environmental Regulation”.

The consultation argues that protecting the environment is “essential to the Scottish Government’s main purpose of increasing sustainable economic growth”.

Environment minister Richard Lochhead is known to favour giving Sepa a stronger range of sanctions. He told a conference in November that penalties for environmental crime needed to be stepped up.

“In some cases we have seen a lot of work to achieve a successful prosecution but a relatively small fine being imposed,” he said.

“We need to see more penalties which reflect the seriousness of the damage caused by these crimes.”

In January, a Perthshire landowner and contractor were fined £9,900 for unauthorised engineering work on the River Tay – removing gravel from an island without the necessary permissions – but the case took more than 18 months to travel through the courts.

A Scottish Government spokeswoman said the proposals would ensure “swift, proportionate and effective action can be taken against those who damage the environment.”