Polluting firms could face Asbos

Those guilty of fly-tipping now face fines of up to £50,000

Companies persistently flouting environmental laws could be given anti-social behaviour orders (Asbos), the UK's pollution watchdog has argued.

The Environment Agency said the use of Asbos could be an effective deterrent against environmental crime.

A firm was issued with an Asbo - used typically to tackle yobbish behaviour - for the first time last year.

The government said some firms were guilty of anti-social behaviour but stressed they were a small minority.

Business groups said they were sceptical about the use of Asbos against companies and urged The Environment Agency not to "overstretch itself" in its enforcement of standards.

New sanctions

Publishing its annual report on corporate environmental behaviour, the agency revealed that companies were fined £2.3m for environmental offences last year while 20 directors were successfully prosecuted.

Restricting the ability of some persistent offenders to operate may be the only way of protecting the public and the environment from risk Baroness Young, Environment Agency chief executive

Those fined included Pizza Express and Gatwick Airport.

According to the agency, an Asbo was imposed last year to prevent a plant hire business from repeatedly incinerating skips of rubbish rather than getting rid of the waste legally.

The agency feels the sanction - which stops an individual from engaging in anti-social behaviour - might be more effective than fines in tackling illegal dumping and other actions harmful to the environment.

It would be used when a firm had been convicted of an environmental crime and would apply to all employees not just directors.

"It is encouraging to see the courts using a wider range of sanctions against environmental crime," said the agency's chief executive, Baroness Young.

"Restricting the ability of some persistent offenders to operate may be the only way of protecting the public and the environment from risk."

Environment minister Elliot Morley said most businesses took their environmental obligations seriously and fines were only levied in extreme cases.

But he added: "There are some elements of business in relation to their behaviour which are anti-social."

Rogue companies

The greater use of Asbos met with a mixed response from the business community.

The CBI said law-abiding companies would welcome fairly enforced and proportionate environmental rules.

"Business wants to see the Environment Agency tackle the small minority of rogue companies and individuals who deliberately avoid environmental regulation," said Michael Roberts, its director for business environment.

However, Nick Goulding - chief executive of the Forum of Private Business - said it was an "outrage" to compare the action of businesses with those of drunk and disorderly yobs.

Average fines handed out to business for environmental offences fell last year to just over £8,500.

Although companies realised that good environmental practices could boost profitability, the agency said, many smaller firms were still unaware of the damage they may be causing.