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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 4 May 2021
  6. Current session: 13 May 2021 to 15 December 2025
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Displaying 2444 contributions

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Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

I say to Ms Lennon that I am generally a carrot rather than stick kind of guy—she is absolutely right. However, the problem is that there are no examples. The Government can ignore targets and there is never any comeback. I suppose that I am being quite radical in saying that there should be such a system. Otherwise, why should we have something in law? I am simply saying that fines should go to councils and environmental charities, which I would have thought would delight Mr Ruskell.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

To answer Mr Ruskell’s point, my principle would apply to any Government. It is based on the principle that if we set things in legislation and someone breaches the law, there should be a punishment. I am glad that Mr Ruskell seems to accept that point. Therefore I seem to have the support of both Mr Ruskell and Ms Dunbar—although we will wait and see. I am absolutely delighted. l will end on a high.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

Very good.

My amendment does just that: it says that, if the Government misses the targets—targets that are set in law—it breaks its own law. If you break the law, something must happen, and what I am saying is that that something should be a fine and that any such fine—which, to answer Ms Dunbar’s point, would come from the Government—should go to councils, which are having to do a lot of the heavy lifting here.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

My amendment does not go into that level of detail, but I would be delighted if Ms Dunbar were prepared to accept the principle that there should be a fine. Is she is prepared to accept that if a Government—or, indeed, anyone, or any public body—breaks the law, which is what I am talking about, there should be some form of punishment? Otherwise, why would we have such a law? If someone breaks the law, something needs to happen.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

That was a really good intervention. You have raised some good points. I am reflecting on things, and I encourage members to reflect on the arguments that are made in committee. I am reflecting in live time, and I am considering amendment 72.

I want to make it easy for people to get information and to report fly-tipping—the unlawful disposal of waste. I am not sure that it is very easy to report that at the moment. If the minister’s view is that a national app is not the answer, something else should be put in place.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

Will the minister take an intervention from me?

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

Does Maurice Golden agree that, as we have that disparity in performance between different councils, it would be useful to ask councils why they are doing well or not doing so well to find out the reasons behind that?

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

Amendment 5 is one of the one-year ones, so I will not press it.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

That is, indeed, the position.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 2

Meeting date: 14 May 2024

Graham Simpson

I thought that that might be the case.

I will address the rest of the amendments. There is currently no deadline in section 6 for setting circular economy targets—it is open ended. That suggests to me that the minister who was previously at the helm of the bill wanted as long as possible to set those targets, which, to me, does not sound like the kind of environmentally friendly stance that the minister should be taking. If we are to save the planet, we need to be far more ambitious. I argued that last week but, for reasons that remain a mystery to me, neither the committee nor the minister saw it that way.

In principle, we should give the Government of the day, whoever that is, deadlines to work to. If we do not, there is no incentive for it to get on with anything. My amendments in this group would have given the committee a choice of deadline—either one year or two years. I will now move only those amendments that would set a two-year deadline, because that is the timetable that the minister and the committee backed last week.

Amendment 6 would give the Government a two-year deadline to set circular economy targets. That seems reasonable to me.

Amendment 8, again, puts the Government on watch. It is a sunset clause, which relates to section 6 and also to section 7, which is about monitoring and reporting on targets. Amendment 8 says that if the Government has not made regulations under sections 6 and 7 within two years, the sections expire. That should focus the minds of any minister, whoever that is.

Amendment 20 sets alternative timing for regulations being brought in under section 8, which is on

“Restrictions on the disposal of unsold consumer goods”.

Amendments 22, 31 and 33 are further sunset clauses, for the same reasons as before.

I turn to amendment 34. The bill introduces new section 87A to the Climate Change (Scotland) Act 2009. It gives ministers a power to introduce a charge for the supply of a single-use item. I have many concerns about introducing a power to require charges for single-use items, which I will outline later. Amendment 34 would require section 87A to come into force the day after the Circular Economy (Scotland) Bill receives royal assent.

I turn to amendments 41, 43 and 45. Section 10 relates to the “Householder’s duty of care” with respect to the household waste that is produced on their property. Although we can all agree that it is important that an occupier of a property makes the best effort to ensure that their waste is transferred properly, the committee’s report highlighted that householders are “largely unaware” of their current duty of care and noted that the pressures that are faced by councils in enforcing that duty would need to be addressed.

I have concerns about how workable the enforcement of section 10 would be. Proposing bin fines if people have the wrong items in their bin is not practical. Responsible people could put out their bins only for someone else to come along and put something else in them. They would then be hit by a fine. There would be even bigger problems for people who live in flats with communal bins. Who would get fined if those bins had the wrong items in them? That was addressed in the stage 1 debate but was not properly answered. I am therefore not comfortable with section 10. However, if the Government is committed to retaining it, it needs to act on the regulations. If, through a fear of public backlash, the Government were to let such regulations drift, perhaps that would say something about the nature of the proposals.

My amendments urge the Government to get on with the regulations under section 10(9), about substituting the fixed-penalty amount of £200 and section 10(16), which is about adding another category of persons to the definition of “authorised officer”. My amendments propose a timetable for setting the regulations and they give the Government a deadline by which to do so; otherwise, the power to legislate for fixed-penalty notices for offences under section 10 would expire.