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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 11 August 2025
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Displaying 868 contributions

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Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

The bill is absolutely not intended to target small and medium-sized businesses. It is—

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I can only imagine how frustrating it is to have a waste crime committed on your land, convener.

I will answer, but I will also hand over to Ailsa Heine, because there are some legal points to make in connection with this particular question.

Section 59 of the Environmental Protection Act 1990 does not place an immediate legal liability on the occupier of land, but it does provide a means of serving a notice to compel the occupier to remove waste from the land in some circumstances, which must be what has occurred in the situations to which Murdo Fraser referred. Although that power could be used in any circumstances, it is likely to be used by SEPA or by local authorities only when there is substantial evidence that the landowner bears some responsibility for the deposited waste. SEPA and local authorities also have powers to remove waste from land, so they can do it themselves.

Although we recognise that private landowners are often the victims of fly-tipping and we recognise the need for further action to support those victims, the proposal contained in Murdo Fraser’s proposed member’s bill would significantly affect SEPA’s ability to tackle serious waste crime, and removal of the provision in section 59(1) of the 1990 act would allow occupiers of land who bear some responsibility for fly-tipping waste to escape liability for unlawful behaviour, which would leave the public purse to bear the removal and clean-up costs.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

The specific requirement is that SEPA and local authorities must have substantial evidence that the landowner bears some responsibility for the deposited waste. The question is not so much around the legislation; it is perhaps around how it is being implemented. I cannot comment on any particular individual circumstances, but I absolutely recognise the point that victims of waste crimes have a grievance, and I am interested to hear about what other measures we could take to support them in that.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 5 December 2023

Lorna Slater

That is my understanding—that the fines would stay at £200.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

Many larger businesses already work in this space—for example, Amazon has a charity that it sends its unsold and returned goods to. Lots of businesses are already working on the issue because they know that they need to get to net zero. It is not good for their bottom line to waste materials. As I said, there are examples. France has already introduced such a ban; it is not a new thing and there are models.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

That is where the detail would come in regulations. The intention is that we cover larger businesses. It is all about the significance of the impact and about proportional implementation. Where such measures have been implemented, they have concerned large companies that produce significant amounts of goods. The bill is not at all intended to target small or medium-sized enterprises.

You are right that there are concerns about what the measures would look like, including in relation to where export fits in.

The bill might need to include provisions to address people trying to get round the legislation by deliberately contaminating clothing and textile waste so that it cannot be reused. Secondary legislation needs to capture all that.

10:30  

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

That will depend on exactly how the regulations are drafted, but the intention is to prevent things that could be used from going to incineration or landfill. Whether the regulations will permit export use will have to be considered in consultation.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

That is the case. One of the reasons for moving to the mandatory code of practice is to ensure that we have best practice. Interestingly, that is an area in which research has moved on quite a lot in the past few years. Our best evidence on how to separate waste is different from what it was 10 or 15 years ago.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

It is interesting that you ask about that. There was a provision on the zoning of waste in the consultation, but we have not carried that forward into the bill. That would have given councils the power to streamline collections so that there was only one collector in a particular area. There was a good deal of feedback, especially from small businesses, that that would not be appropriate. However, a voluntary model for that kind of streamlining could be undertaken.

I see that the convener wants us to move on. I would be happy to take that up with the member separately.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I need to come to officials on that matter.