- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Gillian Martin on 25 February 2026
To ask the Scottish Government what statutory powers are available to local authorities to tackle habitual fly-tippers.
Answer
Fly tipping is a criminal offence in Scotland under Section 33(1) of the Environmental Protection Act 1990 with maximum penalties on summary conviction of a fine of up to £40,000, or a custodial sentence not exceeding six months or both and on conviction on indictment, a fine or term of imprisonment not exceeding five years or both.
Local Authority enforcement officers may also issue fixed penalty notices(FPN)for fly tipping to persons believed to have fly tipped which provide the opportunity for a person to discharge liability to conviction by payment of a fixed penalty of £500, noting that habitual fly tippers should be reported to the Procurator Fiscal for prosecution. Amendments to section 33A by the Circular Economy (Scotland) Act 2024, once in force, will allow for further increases of the fixed penalty up to a maximum of a level 3 fine(currently £1000) and also for different penalties in different circumstances, for example on a second FPN. Local authorities also have powers under section 59 to require clean-up of fly tipped waste by land occupiers, under certain circumstances.
New powers introduced by the Circular Economy (Scotland) Act 2024 will, when fully implemented, strengthen the legislative foundation for tackling and deterring fly tipping. For example, section 19 will amend the Environment Act 1995 to provide local authority and SEPA officers to search and seize vehicles suspected of being used in relation to specified waste crimes, which may include fly tipping.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Gillian Martin on 25 February 2026
To ask the Scottish Government what actions are currently being taken to tackle fly-tipping.
Answer
The 2023 National Litter and Fly tipping Strategy sets out a six-year framework to take action on littering and fly tipping, with a focus on behaviour change, infrastructure and services, and enforcement.
The Strategy is delivered in partnership with Zero Waste Scotland, Keep Scotland Beautiful and the Scottish Environment Protection Agency (SEPA), working with other stakeholders, including local councils. Updates and action plans are published annually and are available on the Scottish Government website. These plans outline specific measures to improve the quality of fly tipping data, work collaboratively to tackle fly tipping and strengthen regulatory tools.
Recent actions include increasing the fixed penalty notice amount for fly tipping from £200 to £500; SEPA has developed a partnership model with local authorities to undertake shared investigations, data exchange, and proportionate enforcement action; and Zero Waste Scotland provided a private landowners grant scheme to support landowners to take action on fly tipping. This scheme operated for 2 years, an evaluation has recently been published and, as part of the Year 3 Action Plan, a national event has been proposed to share learning.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Gillian Martin on 25 February 2026
To ask the Scottish Government what work has taken place on littering and fly-tipping since the publication of the National Litter and Flytipping Strategy.
Answer
The 2023 National Litter and Fly tipping Strategy, is a six-year programme focused on behaviour change, infrastructure and services and enforcement. The Strategy is delivered in partnership with Zero Waste Scotland, Keep Scotland Beautiful(KSB)and the Scottish Environment Protection Agency (SEPA), working with other stakeholders, including local councils. Full details of activities undertaken to date are set out in the annual update and action plans: National litter and flytipping strategy: year 2 update and year 3 action plan 2025-2026 - gov.scot and National litter and flytipping strategy: update and year 2 action plan - gov.scot.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Gillian Martin on 25 February 2026
To ask the Scottish Government whether it has undertaken a review of the effectiveness of the measures in the Circular Economy (Scotland) Act 2024 to tackle habitual fly-tipping.
Answer
The Circular Economy (Scotland) Act 2024 provides a range of powers to tackle fly tipping in Scotland. These include a number of additional powers which were added to the legislation during the Parliamentary process, which will be implemented in due course.
As the measures within the Circular Economy (Scotland) Act 2024 have not been fully introduced no review of their effectiveness to tackle habitual fly tipping has been undertaken.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Gillian Martin on 25 February 2026
To ask the Scottish Government whether it has conducted any studies into any mental health impacts on residents living near areas that are affected by habitual fly-tipping.
Answer
The Scottish Government has not conducted any specific research into mental health impacts on residents living near areas that are affected by habitual fly tipping. Keep Scotland Beautiful publish an annual Scottish Litter Survey which help us understand public perceptions of litter and fly tipping in Scotland and indicates that littering and fly tipping negatively impact the quality of life of people living in Scotland.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Angela Constance on 23 February 2026
To ask the Scottish Government how many fixed penalty fines for fly-tipping have been issued by Scotland's national parks since 1 April 2025.
Answer
This information is not centrally held.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Angela Constance on 23 February 2026
To ask the Scottish Government how many convictions for fly-tipping there were in each year from 2019 to 2025.
Answer
People convicted of a main charge of fly-tipping in Scottish courts, by financial year, were: eight in 2018-19, two in 2019-20, none in 2020-21, five in 2021-22, 12 in 2022-23 and four in 2023-24. Data for 2024-25 will be published later in 2026.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Friday, 13 February 2026
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Current Status:
Answered by Angela Constance on 23 February 2026
To ask the Scottish Government how many fixed penalty fines for fly-tipping were issued in each year from 2019 to 2025.
Answer
This data is not centrally held.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Wednesday, 11 February 2026
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Current Status:
Answered by Angus Robertson on 19 February 2026
To ask the Scottish Government, further to the answer to question S6W-43316 by Angus Robertson on 3 February 2026, regarding the safeguard of the collection and support for future conservation projects, whether Historic Environment Scotland is working with the National Heritage Memorial Fund to purchase the entire proprietary pattern archive of Ballantine Castings Ltd from the liquidator.
Answer
Questions regarding day-to-day operational matters of Historic Environment Scotland, including queries relating to any opportunities for partnership working with the National Heritage Memorial Fund, are best answered directly by Historic Environment Scotland.
I have asked Historic Environment Scotland to respond directly to the member with a full reply to his question in writing.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Submitting member has a registered interest.
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Date lodged: Wednesday, 18 February 2026
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Current Status:
Taken in the Chamber on 25 February 2026
To ask the Scottish Government what recent assessment it has made of the finance available for commercial shipbuilding projects at Scottish shipyards, including how the competitiveness of this compares with that of other European nations with commercial shipbuilding industries. R
Answer
Taken in the Chamber on 25 February 2026