Lord Katz (Lab)

I am afraid I will have to write to the noble Viscount, Lord Goschen, with that detail. But I stress that there is no statutory limit on the amount of compensation that may be imposed for an offence committed by an offender aged 18 or over. However, in determining whether to make a compensation order and the amount that should be paid under such an order, the court must take into account the offender’s means. If they are limited, priority must be given to the payment of compensation over a fine, although a court may still impose a fine. I suppose 20% of something is better than 100% of nothing, if I can put it that way. Having said that, guidance on presenting court cases produced by the National Fly-tipping Prevention Group, which is a group chaired by Defra that includes a wide range of representatives from interested parties—central and local government, enforcement authorities, the waste industry, police and fire services, private landowners, and the devolved Administrations—sets out that prosecutors should consider applying for compensation for the removal of waste. Defra will consider building on this advice in the statutory guidance that will be issued under Clause 9 once the Bill becomes law. Noble Lords will also be interested, I hope, to hear that local authorities can already issue fixed penalties of up to £1,000 to fly-tippers, the income from which must be spent on clean-up or enforcement. Local authorities issued 63,000 fixed penalty notices in total for fly-tipping during 2023-24, and these were the second most common enforcement action, according to Defra data. I fully understand the sentiment behind these amendments and entirely accept the principle that the polluter should pay but the Government believe that the sentencing framework, as set out in primary legislation, is the proper place to deal with this issue. I recognise, however, that there may be benefits in providing the court with an alternative disposal relating to penalty points, as proposed in Amendment 46 from the noble Lord, Lord Davies. Defra remains committed to considering such a move and will provide an update in due course. I also stress, and in response to Amendment 47, as the noble Earl, Lord Russell, noted, that there is an existing power for local councils and the police to seize a vehicle where there is a reasonable belief that it is being used or had been used for fly-tipping, which can lead to the vehicle being sold or crushed if it is not claimed. If the vehicle is claimed, the council can prosecute and a court can order that ownership rights are transferred to the council, under which it can keep, sell or dispose of the vehicle. There were nearly 400 vehicles seized in 2023-24 as an enforcement action. When such an order is being considered, it is appropriate that the court must consider certain factors that Amendment 40, in the name of the noble Lord, Lord Blencathra, seeks to remove. The duty on the courts to consider these factors, such as the financial impacts of the forfeiture or the offender’s need to use the vehicle for lawful purposes, embeds principles of Article 1 of Protocol 1 of—our friend—the European Convention on Human Rights. This entitles a person to a peaceful enjoyment of their possessions but allows the state to enforce laws to control use of that property when it is in the general interest. Any such interference with this right must be lawful for legitimate aim and be proportionate. Amendment 40 would remove these safeguards, and we should always tread lightly when considering long-held rights regarding property, something I am sure I would not have to tell the Benches opposite. In light of my explanations, I hope the noble Lord will be content to withdraw his amendment.