Agenda item - Environmental Enforcement Policy

Report of the Executive Director, Economy, Environment & Culture

1)           That the Committee agrees that the environmental enforcement service will be delivered in house from the end of the current contract period.

2)           That the Committee notes that the full and final cost of bringing the service in house cannot be determined until due diligence has been completed under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) and notes that if the costs significantly exceeds the projections outlined in this report, a further report will be brought back to committee.

3)           That the Committee notes that the  council’s current environmental enforcement contract may need to be extended for a period of up to six months to allow time for the TUPE process and for new ICT systems to be put in place.

4)           That the Committee grants delegated authority to the Executive Director Economy, Environment & Culture to extend the existing contract if required, negotiate the terms of that extension and determine the date of the service transfer to the council provided that this date shall not be any later than the 1 September 2019.

5)           That the Committee approves the Environmental Enforcement Framework which sets out how the service will be delivered from the commencement of the new in house service.

6)           That the Committee notes that future changes to the Environmental Enforcement Framework will be brought back to Committee for approval.

46.1      The Committee consider a report of the Executive Director, Economy, Environment & Culture that sought approval for an Environmental Enforcement Framework designed to address anti-social and illegal behaviour to improve the environment and minimise waste clean-up and disposal costs within Brighton & Hove.

46.2      Councillor Atkinson stated his support to bring the service in-house as it would allow for much closer control and foster a joined up approach. Councillor Atkinson added that the framework would provide much better guidance than the existing agreement and discretionary powers would also be beneficial. Councillor Atkinson noted that there was regular fly-tipping in Chalky Road and he hoped the matter could be dealt with.

46.3      Councillor Wares stated that it would be helpful to know which environmental projects would be lost due to the drop in surplus income currently received under the existing contract. Furthermore, Councillor Wares enquired as to the risk that the undesirable elements of the current contract would need to be continued if the service was brought in-house in order to maintain income.

46.4      The Assistant Director, City Environmental Management replied that there were additional options for issuing fines included within the Framework that had not before such as overflowing commercial bins. The Assistant Director, City Environmental Management added that there would also be the creation of a deterrent effect that was expected to realise further service savings in the long-term. The Assistant Director, City Environmental Management supplemented that that income would be ring-fenced for environmental initiatives and whilst some of that would be required to set up the enforcement service, it was expected that some of the current surplus could be carried over to the next financial year to continue some of the existing projects. The Assistant Director, City Environmental Management stated that some initiatives could be continued using alternative income generating services to fund them such as the textiles recycling service.

46.5      Councillor Wares replied that the criticism of the current outsourced contract was that it was overly revenue driven and it appeared that the in-house service would continue the same style of operation to maintain income levels.

46.6      The Assistant Director, City Environmental Management stated that an in-house service would income based however, it would enable an opportunity to work in a different way to secure that income.

46.7      Councillor Littman stated that he welcomed the report and decision to bring the service in-house as the current contract was not fit for purpose and as a corporate body, the council would be better and more ethical.

46.8      Councillor Miller queried whether the level of fines for some offences such as for fly-tipping was high enough. Referring to page 210 of the agenda, Councillor Miller observed that there appeared to be a contradiction in that and the statement made at paragraph 3.24 in relation to income generation. Councillor Miller also asked how the council would ensure that it received its percentage of fines issued from the contractor up to the end of the contract.

46.9      The Assistant Director, City Environmental Management explained that the contractor was legally obliged by the terms of the contract to pay the council its share of any income received from the issuing of fines. In relation to the level of fines issued, the Assistant Director, City Environmental Management explained that it was felt that these were set at an appropriate level however, they could be kept under review as part of the annual budget process. In relation to the financial figures provided and the apparent contraction, the two figures were different in that one did not include the cost of operating the service.

46.10   Councillor Peltzer Dunn stated that the fine level for fly-posting was perhaps too low and disproportionate to the offence and he hoped it could be reviewed in the future.

46.11   On behalf of the Conservative Group, Councillor Wares moved a motion to amend recommendations 2.1, 2.4, 2.5 and delete recommendations 2.2 and 2.3 as shown below in bold italics and where struck though below:

2.1       That the Committee agrees to invite expressions of interest from potential service providers based on the Environmental Enforcement Framework and reports back to a future ETS Committee the results providing recommendations on the best way to deliver the Environmental Enforcement Framework including the option for that the environmental enforcement service to will be delivered in house. from the end of the current contract period.

2.2       That the Committee notes that the full and final cost of bringing the service in house cannot be determined until due diligence has been completed under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) and notes that if the costs significantly exceeds the projections outlined in this report, a further report will be brought back to committee.

2.3       That the Committee notes that the council’s current environmental enforcement contract may need to be extended for a period of up to six months to allow time for the TUPE process and for new ICT systems to be put in place

2.4       That the Committee grants delegated authority to the Executive Director Economy, Environment & Culture to extend the existing contract if required, and negotiate the terms of that extension. and determine the date of the service transfer to the council provided that this date shall not be any later than the 1 September 2019.

2.5       That the Committee approves the Environmental Enforcement Framework in principle subject to paragraphs 2.1. which sets out how the service will be delivered from the commencement of the new in house service.

46.12   Introducing the motion, Councillor Wares stated that the proposal to bring the service in-house was a hasty reaction to the existing contract failing. Councillor Wares stated that the option to bring the service in-house was presented as the only viable option however, that position was unknown without inviting expressions of interest from the private sector on the proposed framework. Councillor Wares stated that he had conducted his own research and found a number of companies that conducted waste enforcement and the council had a duty to explore that option before bringing the service in-house.

46.13   Councillor Peltzer Dunn formally seconded the motion.

46.14   Councillor Littman noted that the council had received a multitude of complaints on the operational conduct of the existing contractor. Councillor Littman added that there was consensus amongst the committee that the framework was very good and he saw no reason why that should be shared with private companies. An in-house operation would ensure that the council would retain any income to re-invest into its services rather than make profit as a contractor would seek to do.

46.15   Councillor Peltzer Dunn stated that whilst he had no preference as to how the service was operated, he believed the council had a duty for due diligence and should invite expressions of interest.

46.16   The Chair then put the motion to the vote which failed.

46.17   The Chair then put the recommendations to the vote which passed.

46.18   RESOLVED-

1)           That the Committee agrees that the environmental enforcement service will be delivered in house from the end of the current contract period.

2)           That the Committee notes that the full and final cost of bringing the service in house cannot be determined until due diligence has been completed under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) and notes that if the costs significantly exceeds the projections outlined in this report, a further report will be brought back to committee.

3)           That the Committee notes that the  council’s current environmental enforcement contract may need to be extended for a period of up to six months to allow time for the TUPE process and for new ICT systems to be put in place.

4)           That the Committee grants delegated authority to the Executive Director Economy, Environment & Culture to extend the existing contract if required, negotiate the terms of that extension and determine the date of the service transfer to the council provided that this date shall not be any later than the 1 September 2019.

5)           That the Committee approves the Environmental Enforcement Framework which sets out how the service will be delivered from the commencement of the new in house service.

6)           That the Committee notes that future changes to the Environmental Enforcement Framework will be brought back to Committee for approval.