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No 10 threatened with a Judicial Review

On September 11, 2019, in DEFRA, Litter fines, by PeterSilverman
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I have written to Sir Mark Sedwill, the Cabinet Secretary, warning him of my intention to seek a Judicial Review of the Prime Minister’s Office’s failure to decide my complaint that DEFRA minister, Therese Coffey MP, had misled the House of Commons over the exclusion of motorways etc from the Littering From Vehicles Outside London Regulations.

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According to ORR’s 2018/19 assessment of Highways England HE have introduced a “customer service standard to reduce litter

It gives the impression something is being done about litter when in fact, as we all know, absolutely nothing is being done.

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J1 M40 Sept 2019

(1) Highways England’s contractors report favourably to HE on the condition of the highways they are paid to maintain.

(2) Highways England pass this on to the Office of Rail and Road (ORR), their statutory monitor.


(3) The ORR then report that “
Highways England is meeting its target to keep the network in good condition

But does this look like a network in good condition to you?

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On-the-spot litter fines and their reform

On September 3, 2019, in Litter fines, by PeterSilverman
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Councils employing private contractors are doing a massively more efficient job of deterring littering than those employing their own staff.

I am indebted to the Manifesto Club for the following information from their report on on-the-spot litter fines

The number of such fines issued by councils and the number of councils employing private contractors to issue them has increased as follows;

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This is not new stuff. I just wanted to bring this important evidence it to the fore in its own post.

Below is an extract from a briefing note prepared by the DfT for the then Roads Minister, John Hayes MP in 2016.

It shows he was blatantly misled on the responsibility of Highways England in regard to litter. HE have a statutory duty under EPA S89 to ensure that the motorways etc are kept clear of litter so far as is practicable. The duty is not just to “clear litter” (i.e. as and when their contractors might get round to it).

See my FOI request – 4th item in response of 8th Sept 2017

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Peter Silverman
26th August 2019

 

DfT Minister: “ .. Connect Plus is monitored on their performance with respect to removing litter from the strategic road network. This covers failure to collect litter within the timescales of set out in the DEFRA Code of Practice on Litter and Refuse

Clean Highways: ” These are one-off inspections.  The inspector does not go back at intervals to see if substandard sections have been brought up to standard within any given timescales“.

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The A27 Campaign Group and Clean Highways have written jointly to the Secretary of State for Transport requesting that the cleansing of the A27 running along the south coast in West and East Sussex be transferred to Highways England.

The A27 Campaign have obtained the endorsements from all of the 7 councils in the two counties who currently have to clean the road – and from the MPs for Eastbourne, Lewes and Brighton Kemptow

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DEFRA will now have to provide copies of briefings to Minister Therese Coffey on fly-tipping. 

I wanted to find out exactly what she had been told by DEFRA officials. In particular about the lack of prosecutions by the Environment Agency?

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Little progress with Litter Strategy implementation

On August 8, 2019, in Litter Strategy, by PeterSilverman
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Is that all?

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Peter Silverman
8th August 2019

 

RIS 2 – KPI for litter?

On August 7, 2019, in Uncategorized, by PeterSilverman
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I have written to the excellent Baroness Maggie Jones following her question in the Lords about whether the DfT intend to include a Key Performance Indicator for litter in the next Road Investment Strategy for Highways England.

Read my e-mail of 7th August 2019

The eventual RIS 2 will not include a KPI for Litter which properly reflects HE’s statutory duty under EPA S89 (1) as it would expose HE’s failure to comply with it
 

Peter Silverman
7th August 2019