Local councils are to be given sweeping powers to issue on-the-spot fines for minor misdemeanours such as climbing trees in parks.
Councils trying to bring in local laws currently need to get a sign-off from a government minister.
In Angela Rayner’s White Paper on English devolution, plans have been put forward where councils would no longer require permission to issue more fixed penalty notices. This means they could enforce penalties without having to take individuals to court as is done currently.
Councils already have limited but controversial powers to issue on-the-spot fines for misdemeanours such as littering and fly-tipping.
However, critics are concerned about the potential misuse of these new rules. The significant increase in fixed penalty notices could empower councils to abuse their authority by implementing restrictions such as banning smoking in public areas and regulating the sale of unhealthy food.
Cash-strapped councils could also use their proposed new powers to raise much-needed money
Shadow local government secretary Kevin Hollinrake expressed his opposition, stating that the Labour Government is determined to exploit every opportunity to extract money from the public.
‘These proposals also raise serious concerns about civil liberties by opening the door to allowing over-zealous town hall officials to ban lawful innocent activities in public places, such as vaping, walking a dog or going on an organised group run. The justice system should not be hijacked to line the taxman’s pockets.’
Under plans submitted in Angela Rayner’s White Paper on English devolution, local councils could be given sweeping powers to issue on-the-spot fines for minor misdemeanours
Kevin Hollinrake, the shadow local government secretary, said the Government ‘will leave no stone unturned to pick people’s pockets’
At present, on-the-spot fines issued by a local authority are typically between £50 and £100.
Councils have previously been criticised for raking in millions in parking fines. Last year, councils collected £620 million – with Lambeth council, in London, collecting £52.4 million alone.
Josie Appleton, the director of Manifesto Club, a civil liberties group, said: ‘I’m worried that councils will use these new powers for revenue-raising, as they do with other powers that allow fixed penalty notices.
‘Increasingly, councils are employing private enforcement officers who are paid per fine and will issue penalties whenever possible. There are lots of archaic by-laws on the books, so we can expect people to be penalised for public nuisance, playing music or ball games in a park.’
The Conservatives ruled out such a move during the coalition government because of the risk that councils would use the fines to raise money, or outsource the work to private firms.
They say that, based on current council by-laws across the country, it could lead to fines for walking more than one dog at a time, ball games, use of model aircraft and kites and ‘informal’ football or cricket.
Last year two councils – Torfaen in Wales and Rugby – were criticised for using anti-social behaviour powers to ban the climbing of trees in some protected public spaces.
Ms Rayner’s White Paper said the process for making by-laws was hundreds of years old and outdated for modern government.
Ms Rayner’s White Paper said the process for making by-laws was hundreds of years old and outdated
It said it was irrational for the Communities Secretary to have to agree before councils can set rules on ‘where people can ride bikes or climb trees in parks’.
‘We believe that local leaders are best placed to understand and respond to these issues,’ it said. ‘We intend to legislate to remove requirements for secretary of state consent for local authority making of by-laws wherever possible.
‘Given the complexity of legislation that has built up over many decades and the wide policy scope under consideration, we will accomplish this through a review of such cases.
‘As part of this review, we will also determine whether councils should be able to enforce by-laws via fixed penalty notices rather than through the courts to improve their effectiveness. We will consult the sector to agree on the best approach on how we might accomplish this.’
On Friday a spokesman for the Ministry of Housing, Communities and Local Government said: ‘We will work with councils to review whether they should be able to enforce by-laws via fixed penalty notices to improve their effectiveness.’
