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Chamber and committees

Rural Affairs, Climate Change and Environment Committee

Meeting date: Wednesday, April 25, 2012


Contents


Subordinate Legislation


Waste (Scotland) Regulations 2012 [Draft]

The Convener (Rob Gibson)

Welcome to the Rural Affairs, Climate Change and Environment Committee’s 12th meeting in 2012. Members and the public should turn off mobile phones and BlackBerrys as leaving them on silent will affect the broadcasting system.

I ask members to stay behind after the formal business so we can discuss a matter that has been raised by a committee member.

Agenda item 1 allows members to take evidence from the Minister for Environment and Climate Change on the draft Waste (Scotland) Regulations 2012. The instrument has been laid under the affirmative procedure, which means that the Parliament must approve it before its provisions may come into force. Following the evidence session, the committee will be invited to consider the motion to recommend approval of the regulations, under agenda item 2.

The committee has received a large amount of written evidence on the Government’s policy statement on zero waste and the regulations themselves and has heard from witnesses at two meetings in March. Today, we will have the opportunity to explore with the minister the concerns raised by witnesses.

I welcome Stewart Stevenson and his accompanying officials and invite him to make some brief introductory remarks.

The Minister for Environment and Climate Change (Stewart Stevenson)

Good morning. With me I have Stuart Greig, who is my official who is responsible for waste, and Andy Crawley, who is here to deal with any legal issues that the committee might want to explore—the regulations are quite complex in drafting terms, so I felt that he should be here, too.

I will not say too much in my opening statement, because I know that the committee has been fully engaged in the issue and in the wider zero waste agenda. I am pleased that the committee is taking such an active role in examining the regulations, because they are, without doubt, important. They represent a watershed moment in the delivery of the zero waste agenda. The actions that are embedded in the regulations will help Scotland to conserve resources, decrease its carbon footprint and take the decisions that are needed for long-term resource security. More important, the regulations will benefit local authorities and businesses, which will be able to realise the resource value of their waste.

Let me be clear: there is no status quo option. If Scotland does nothing to address the resource challenge, it will cost us all a lot, financially and environmentally. The regulations therefore aim to ensure that the quality of the recycling services that are available in the future is fundamentally better than those that currently exist.

For me, the issue is not simply about companies picking up waste; it is about providing businesses with a resource management service that can help them to use and manage their resources more efficiently. Working with industry to deliver that type of service is one of my priorities and one of the Government’s priorities.

Before I hand the floor back to you, convener, I will paint in a little of the global backdrop to the regulations. The price of and demand for raw materials that we rely on are rising, driven mainly by the rising cost of energy, but also by changing consumer trends in China and other developing countries. To create a secure resource future for Scotland, I want to help Scottish companies to harness resources. The approach is about creating new manufacturing industries and skilled manufacturing jobs and, ultimately, delivering on our promises for a low-carbon economy.

The Convener

Thank you, minister.

I will start the questions. Dumfries and Galloway Council, Glasgow City Council, Highland Council and North Ayrshire Council have welcomed the extended timescales for the introduction of a ban on waste going to landfill. Have any sectors expressed concern about the timescales that are set out in the regulations?

Stewart Stevenson

The starting point on timescale is that we are the first country in these islands, and possibly the first country in Europe—although I cannot claim that categorically—that is legislating to close off the option of landfill for biodegradable waste, for example, which is the most troublesome material that goes to landfill.

We have a timescale with a number of dates in it that has been worked out carefully through talking to local authorities and businesses. In particular, we have taken account of issues that have been raised by the Federation of Small Businesses, because the change is relatively radical for small businesses, although it is radical for everyone else, too. The hierarchy in the legislation and the dates in it seem to strike the right balance between the various interests, as far as we are aware.

We are continuing to work with bodies such as the FSB. To make the dry legalese of the regulations more accessible, we will introduce guidance that will explain to those who have to implement the regulations, in something more closely resembling plain English, what we expect of them.

I am sure that particular issues about timescales will be raised in a minute, but we now turn to the cost of observing the regulations. Jim Hume will lead on that.

Jim Hume (South Scotland) (LD)

Ian Telford of Glasgow City Council was rather concerned about costs post the three-year support period. He believed that there will be costs to councils. Has the Government considered providing further financial support after the initial three-year set-up period?

Stewart Stevenson

Each council will have a different set of challenges. For example, in Glasgow, there are issues to do with multistorey buildings of one sort or another, but those are less of an issue for Aberdeenshire Council, in whose area my constituency is largely placed. However, we must not lose sight of the fact that, if we focus on prevention and reducing consumption of materials, which is first in the hierarchy of waste, that has a potential benefit for councils, householders and businesses.

Reuse has an economic value that is largely driven by resource prices continuing to rise, as I said in my opening remarks. We then come to recycling. Businesses will want to buy the products of recycling. There are costs, which we have recognised in providing three years of support but, equally, there are opportunities for revenue streams for councils and others.

Already, new small and medium-sized businesses are being created that provide innovative new ways of playing into the agenda. That will mean that, in the future, councils will have an increasingly wide range of partners for different aspects of the waste agenda.

At this stage, we are not minded to consider extending the three-year support, but of course we will observe what happens. We must not deflect people from realising that, when changes are made, there are challenges and significant opportunities.

That covers a couple of points.

I will let Alex Fergusson come in, as he has a supplementary question.

Alex Fergusson (Galloway and West Dumfries) (Con)

I have a question on cost, and I am thinking particularly of my local authority—Dumfries and Galloway Council. There might well be others in the same position, but Dumfries and Galloway Council has already made considerable investment and entered in good faith into long-term contracts that were signed off by previous Administrations and endorsed by the Scottish Environment Protection Agency to bring in a regime that creates very high diversion from landfill. In the past, the local authority has been used as a good example.

Such a local authority is going to be asked to pay a large amount of further costs to meet new targets and move to high-quality recycling rather than high diversion by making contractual change and putting in new infrastructure, new vehicles, new bins and so on. Can the Government offer any financial assistance to an authority in that situation, given the large cost that it has already incurred in recent times?

Stewart Stevenson

We talk to all the councils and to the Convention of Scottish Local Authorities as the representative body. I recognise that Dumfries and Galloway Council and, I think, one other council have specific issues, and we will continue to talk to those councils and see what we can do. The bottom line for Dumfries and Galloway, as for elsewhere, is that there is an economic benefit in changing behaviours.

In the first instance, that is about activities that are undertaken by those who put waste into the system, and the preventative strand of not producing as much food waste as we used to by buying only what we need and being cleverer about how we use things that we have not consumed. A general point is about increased separation so that what we collect from households and businesses is disaggregated into plastics, metals, paper, cardboard and so on. A lot of what happens occurs very much at the front end of that process.

We have planned a meeting with Dumfries and Galloway Council to discuss its particular issues, and we are providing funding support to help it to improve its recycling. We are not at the end of that discussion but, as I hope you have heard, I am prepared to acknowledge that the council is in a different situation because of decisions that were made in perfectly good faith in the past. There are one or two issues on that agenda in other council areas; they might not be quite the same, but the character could generally be said to be the same.

I am pleased to hear that.

Jim Hume

I will move on from the public sector to talk about private companies and the food industry. It has been estimated that the proposed new regulations might cost some larger hotels £18,000 every year, which is the cost of someone’s salary. Has the minister or the Government considered supporting the food industry in complying with the regulations?

Stewart Stevenson

Looking at the timetable, we get to 2020 before biodegradable waste will stop going to landfill. That is a good eight years ahead, which is a reasonable period for hotels and food outlets of all sorts to prepare for the change. We used precisely that issue to determine some of the timetable.

It might be worth highlighting some of the action that is taking place. Glasgow Restaurant Association, which has 80 members, is exploring the viability of establishing a resource recovery centre and setting up its own co-operative. That is exactly the kind of innovative model that we hope to see elsewhere.

10:15

I am prepared to accept that, in Glasgow, with its density of outlets, there is a greater opportunity for collaborative working in comparatively small areas. Nonetheless, by setting a 2020 deadline, which is the last of the dates in the regulations, we have recognised that there is a period during which change will have to happen. I am confident that the industry will rise to that challenge.

Jim Hume

Just for clarification, during the transition period of eight years, which I think will be appreciated, will there be no assistance for restaurants, hotels and so on? For example, will the Government support the Glasgow co-operative initiative?

Stewart Stevenson

Support means different things, of course. If by support you mean money, that is more difficult. However, if you are asking whether we will work with the industry to help it understand how it can change, the answer is of course that we will. The guidance that will be produced in due course will acknowledge the issues that exist for significant players and will focus on getting biodegradable material out of landfill. Narrow sections of business and communities will find that a greater challenge than others. For example, it may not be a big challenge for the Parliament in our operation, but it might be a significant challenge for some of our major hotels. However, we will support them and work with them.

That is quite clear. Thank you.

Annabelle Ewing has a question on the role of the waste management sector.

Annabelle Ewing (Mid Scotland and Fife) (SNP)

Good morning, minister. All the questions are interrelated and what my question is about has been touched on already: the crucial issue of developing a market for waste and facilitating the waste management sector. What position do you think that we have reached in that regard? I have made the point in previous evidence sessions that we must take into account the potential role of the third sector and social enterprises. I would have thought that they are uniquely placed to facilitate matters, particularly with respect to the cost issues that my colleagues have just raised. Will you comment on that?

Stewart Stevenson

The member is perfectly correct to highlight social enterprises as having key opportunities to contribute—perhaps particularly in smaller communities, to return to the point about differences in scale. Indeed, social enterprises are often the leaders in innovation, which we very much welcome. An example is the social enterprise called GREAN, which stands for Golspie Recycling & Environmental Action Network. It has recently been awarded funding by the Government to expand its commercial recycling in Sutherland. That is a good example that we would expect to see repeated across Scotland.

It is worth making a bigger point on the commercial industry. A number of commercial companies have already started to develop a range of new services that can be of value to people across Scotland. In an area that until the most recent election was in my constituency, Keenan Recycling has invested as much as £8 million or £9 million in various ways, including in food recycling. There is a range of examples across Scotland of such investments.

We have already seen significant changes in landfill. Historically, the money that commercial landfill operators made was from charging a fee when rubbish was brought to them, which covered the costs until the landfill site was restored and returned to other use. Now, landfill operators are exploiting ancillary services and opportunities, which deliver 70 per cent of their income. Only about 30 per cent of their income is now from the fee at the gate.

One of my officials has helpfully passed me a piece of paper highlighting another good example of a social enterprise that, now that I have been reminded of it, I recall very well. Radical Rubbish in Kirkcaldy is able to provide free collection services to local businesses in the business improvement district there because it can extract so much value from the rubbish that it collects. That is another example of the innovation that is going on. Given the kind of innovation that is going on in the commercial sector—with new players coming in with commercial services—and among existing landfill operators and social enterprises, we should be getting quite excited about what is happening in waste.

Annabelle Ewing

Thank you for that comprehensive answer, minister.

A number of people from whom we took evidence suggested that all of this is to a great extent market driven and that we will not achieve our goal if we do not ensure that markets for the products exist. By the same token, however, I imagine that having the regulations on the table will focus people’s minds; provide a clear steer and direction for potential players in the market, who will be able to see the exact direction of travel to which, I hope, we are now committing; and facilitate the creation of markets.

Stewart Stevenson

That captures the essence very well. With our deadlines and timetable, which cover an eight-year period, we are trying to create some certainty over a relatively long term and stability in our approach to ensure that investors have not only the time to make changes but confidence that there will be a stable regime to allow them to recover their costs. We think that domestic bins alone contain as much as £100 million of recoverable materials every year, so there is plenty of scope there. Indeed, significant markets for preparing materials—particularly plastics but also metals—for use are emerging.

Of course, we should not imagine that this is all totally new. During the war, for example, aluminium and paper were collected; indeed, when I was in the boy scouts, one of our staple incomes came from collecting newspapers.

Was that during the war, minister?

Stewart Stevenson

I would not wish to fall out with the convener by reminding him that he is one of the few MSPs who are older than I am.

We have done such work before and markets can be established if the streams of material for reuse are reliable. The stable timeline and environment that we are establishing will provide a degree of confidence. I expect that other countries in the United Kingdom and further afield will look at what we are doing and perhaps follow a similar path, which, in turn, will create wider international markets for reused material.

Claudia Beamish (South Scotland) (Lab)

As a quick aside, I do not wish to seem too competitive, but my grandmother, who lived to 104, used to make us unwrap our Christmas presents carefully and then fold up the paper for next year.

In your opening remarks, you mentioned new manufacturing opportunities. In what ways will the Scottish Government support, provide advice and help with training with regard to the new developments that might come from what you have called the watershed moment that we are approaching or, indeed, might already be in?

I know that this is terribly sad, but I have to say that my wife still collects and reuses Christmas paper.

So do I.

There are many examples of good practice on the committee.

Stewart Stevenson

I am glad to see a cross-party nodding of heads from the Conservatives, Labour, the Scottish National Party and the Liberals. That is absolutely first class.

To return to the matter of substance that Ms Beamish raises, we are approaching the issue in a number of different ways. Training means a number of different things, so I will break it down.

We must ensure that businesses and enterprises understand their obligations under the new regulations that we will introduce, if the committee and Parliament so permit it. The preparation of guidance is an important part of that process. We will provide a free online training course on zero waste to help identify, appropriately manage and reduce the waste that businesses generate. We will also produce a business recycling and reuse directory. There is a waste exchange tool and we produce microbusiness fact sheets. We are engaged on the issue at that level.

Another issue is that new jobs will be created. For young people in particular, we will continue actively to support the modern apprenticeship scheme, because there will be many opportunities. We have just completed a successful year, with 26,482—I am not sure about the 482, but there have certainly been 26,000—modern apprenticeships in the past year. Further opportunities will arise from the new businesses that are created as we move forward on the waste agenda.

Dennis Robertson (Aberdeenshire West) (SNP)

Good morning, minister. I will explore a little further maximising the revenue from recycled products. There is a bit of controversy about the collection of products for recycling. Some local authorities permit commingling of products but it has been suggested to the committee that, to maximise the revenue, separation is perhaps the best way forward. Do you have a view on that?

Stewart Stevenson

Good morning, Dennis, and welcome to the committee. I think that this is the first time that I have attended the committee since you became a member of it.

The regulations seek to ensure that there is not commingling. The European regulations, which we are bringing forward into Scots law through the regulations—the regulations contain other provisions, too—are clear about the need for separation. However, we recognise that, ultimately, we want to set standards on the output of material that we can reuse. We will therefore operate a derogation—partly due to our geography, because some areas face different challenges and have different opportunities—to allow a degree of commingling. The regulations clearly indicate that the standard of recyclate that comes from separation must be achieved if the derogation on commingling is operated. Commingling is certainly not the route that we want to go down.

Stuart Greig has suggested that the issue is too techie even for me—he may well be right—so he will say a little bit on the matter.

Stuart Greig (Scottish Government)

The issue is quite technical. There are two schools of thought, one of which is that we should collect as much material as possible and send it to a big sorting facility, which will deal with it. The other is that we should collect material separately and maintain quality that way. We think that the right approach is probably somewhere in between; it is horses for courses. The real focus is on maintaining the quality of the materials, so we have introduced a strong requirement that, whatever system is used to collect the materials, it must be demonstrated that the recyclate is of the same quality as if the materials were collected separately. We will work with the industry to work out the quality standards, the benchmarks and how we ensure that quality is maintained.

The Resource Association said yesterday to the Department for Environment, Food and Rural Affairs that it needs to look at what Scotland is doing on this front when it considers how it regulates on the issue. I think that we are leading the way in how we are dealing with the matter.

Will the Government produce guidance for business and the domestic user on the collection of goods for recycling, or will you leave the matter to local authorities?

10:30

Stewart Stevenson

We will produce general guidance on what the regulations mean. Although we are not clear that it should cause us any issues, we will also consider the judicial review that is happening on the English regulations, which have not been cast in the same way as we have cast ours.

A steering group involving COSLA, local authorities, SEPA and zero waste Scotland will produce a good-practice guide for household kerbside collections. That will make a significant contribution.

Why are we allowing commingling? You explained that it is partly because of our geography, but it reduces the quality of recyclate. Is there a market for that recyclate?

Stewart Stevenson

There is a market, but remember what I said. A number of topics that we have covered already touch on that point. For example, Glasgow was mentioned. There is an issue there, because the physical structures of some multistorey buildings mean that it is not easy to provide the facilities for the degree of separation that one might have if one can put a number of bins at a kerbside, for example.

There are issues but, at the end of the day, where commingling exists as a second option, we look to ensure that the outputs of that commingling will continue to allow us to produce an output of an appropriate quality. Small amounts of controlled commingling do not necessarily jeopardise the ultimate quality.

There is a significant market for a range of different quality levels of recycled material, depending on what it is used for. The UK is already a leading exporter of low-grade materials, so the regulations will make a contribution to driving up the standards, even with commingling. In the longer term, commingling will cease to be an acceptable option simply because, if we have commingling at the entry point of waste material into the system, the likelihood is that separation will be required at some other point to keep up the standards.

We are keeping the door open, but only to situations in which the resulting reusable product is of a standard that we would have if we did not have commingling.

Dennis Robertson asked about guidance. Will the guidance be absolutely clear about when commingling will be allowed?

Stewart Stevenson

To some extent, we will wish to work with industry and local authorities. However, we are clear that, as a general approach to government, we are interested in the outcomes and, if it makes sense to have limited commingling that can still deliver consistent quality of output, we should not rule it out at this stage, when we still have commingling in practice. However, I expect that, in the long term, the economics will drive us to the situation in which commingling has all but vanished and ceases.

The bottom line is that the derogation in relation to commingling that we provide for in the regulations can be operated only if it can be demonstrated that it does not compromise the quality of the output. It is a pretty limited derogation, but we felt the need to incorporate it, in part because of the discussions that we have had with a range of parties.

Alex Fergusson

I will return briefly to the situation in Dumfries and Galloway, if I may. As I understand it, the system there is a commingling system in that it takes the waste in its entirety and then extracts the recyclates from it. That is a mechanical and biological system that avoids the need for large-scale thermal treatment work, for example. At the end of the day, it produces two products: a high-calorific-value fuel and a compost-like output with high-quality growing characteristics.

Does the cabinet secretary agree that those outputs are in themselves a valuable resource and that the regulations should recognise those materials’ carbon metric and recycling performance?

Thank you for the promotion.

I beg your pardon.

Of course, my cabinet secretary is somewhere on the continent.

It is clear that the committee is interested in a number of technical issues, so I invite Stuart Greig to comment.

Stuart Greig

Dumfries and Galloway has a challenge with its existing facility. Mechanical biological treatment is suitable for the mixed-waste stream—the stuff that we cannot recycle properly—but it is not the technology for today, when we can create usable materials that can replace virgin materials.

An MBT facility produces a fairly low-grade compost that may cover landfill sites. In comparison, the high-quality compost from a separate food waste collection can be used to help to grow crops and so forth and to create energy. We are not talking about like-for-like substitutes.

A transition is needed in Dumfries and Galloway to find a route to use the facility there for things that we cannot recycle into high-grade materials. The council needs to think carefully about the long-term agenda of moving towards kerbside collection and getting good-quality recycling going. We are working with the council and trying to help it on that, and zero waste Scotland is working with it on thinking about food waste collections. That will be an uphill piece of work, but we will get there. A change is needed.

Alex Fergusson

You mention a long-term transition agreement. Will you assure me that a body such as Dumfries and Galloway Council, which has invested large amounts in recent years and is tied into long-term contracts, will have flexibility of transition without financial penalty?

Stuart Greig

Dumfries and Galloway Council is making the transition, which is great. It is beginning to roll out separate collections for households. We understand that it cannot change the situation overnight. We have worked closely with the council and will continue to do that, to give it help. I do not know how long the long term is—whether it is five or three years. We need to work that out and to get a plan of action in place, but the council is committed to the transition, which is a benefit.

Claudia Beamish

I have a quick query. It is reassuring for the committee to hear that it is hoped that commingling will vanish in the foreseeable future. Given your comments on climate change targets for transport, I observe that the export of low-grade commingled materials might not be an appropriate way forward.

Stewart Stevenson

I hope that I said—but I might not have said it—that the UK is a large exporter of low-grade materials today. I think that that will change. Materials will still be exported, but they will be higher-grade materials with a higher value. Of course, the export trade is of value.

We are not complacent on the subject, and what you say is correct. A key issue is that much less vehicular transport of materials to landfill will take place, which will benefit many communities as well as the climate change agenda, in which I know the member has a significant interest.

Richard Lyle (Central Scotland) (SNP)

Good morning, minister. I agree with your comments about the opportunities in waste. I have suggested that waste is Scotland’s second oil opportunity.

While I was out electioneering at the weekend, I met someone who is involved in waste collection. He complained that all the major firms have the contracts all tied up with councils. What are the opportunities for small firms to get involved in Scotland’s new oil opportunity?

Stewart Stevenson

It is not for me to comment on councils’ contracts—that is really a matter for them. However, having already referred to a number of social enterprises this morning, I should mention a commercial operation in this area, Forth Resources Management, which is another good example of a new company coming into the market. People are certainly finding niches. After all, the big traditional commercial waste companies have significant assets to manage in landfill and are simply not as fleet of foot as the new smaller companies. I certainly want to encourage the emergence of the new social enterprises that are at the lower end of the size scale and, if it is within our power to do so, to try to provide help with and deconstruct any specific barriers that might be identified in that respect.

However, I suggest that referring to this activity as a “second oil opportunity” might be very slightly overegging the pudding. I certainly hope so, given that the prevention of waste sits at the top of the waste hierarchy. The hope is that in creating these new opportunities, the role of waste will diminish.

Richard Lyle

When you mentioned the war earlier, I realised that you were referring to the second world war. I was not born at the time myself but I know that, during that period, there was a lot of recycling and everyone had a tremendous involvement in that opportunity. I find it deplorable that people are still throwing away recyclable waste, but what are we doing to encourage everyone to increase their recycling and move us closer to our targets?

Stewart Stevenson

It might be helpful if I say, first of all, that one of the things that we will not do is penalise people financially, a suggestion that has been part of the public discourse from time to time.

To be candid, I think that there is broad-based support for domestic waste separation and dealing with waste in a more environmentally and financially responsible way. Of course, that support is not 100 per cent but nothing ever is. We will continue to cajole, encourage, support local councils in their efforts and ensure that it becomes as easy as possible for people to recycle, and we will not respond to the opportunity to penalise anyone financially. Instead, we want a voluntary approach that is firmly supported by the Government.

Graeme Dey (Angus South) (SNP)

Perhaps I can develop that point a little. Given the nature of the media in this country, there might well be a lot of negative reporting on the consequences of the regulations and the demands that they might make on individuals and organisations. Do you accept that that is a probability? If so, what steps will the Scottish Government take to counter such reporting? Can we expect a very positive national campaign to back up the introduction of the regulations and promote their positive message?

If we had a more balanced media, there would be more people with reporter’s notebooks sitting behind me in the public gallery instead of sitting elsewhere in this Parliament.

Members: Hear, hear.

Stewart Stevenson

Jolly good.

We are doing quite a lot on this matter. For example, we are running a greener Scotland campaign called “It’s too good to waste” and on STV there is a series about celebrities looking at their lifestyles; indeed, I think that I am correct in saying that it was on last night. Through such amusing and engaging means, we are seeking to get people to understand the opportunities associated with this activity.

Change is never easy for anyone—we know that that is the case in our individual personal lives—but we can make it interesting and engaging. We are getting youngsters in particular engaged in the agenda. We know that, across the environmental agenda, youngsters often go home and tell their parents that they have to change, and that is pretty good.

For the committee’s information, the next campaign topic in our greener campaign is food waste.

10:45

The Convener

Thank you very much.

We are trying to cover many subjects, so I want us to focus specifically on the points that we need to decide on before we think about the motion.

The next subject is recyclate values. Has the minister given any thought to encouraging local authorities to work together to achieve a better market position with the aim of selling high-quality recyclates?

Stewart Stevenson

It is clear that markets for high-quality recyclates are emerging without Government intervention in particular. I refer to what I said in answering a different question. If we can identify barriers to those markets emerging and developing, we would want to know about the difficulties to help to deconstruct those barriers.

We are taking a very good step forward in creating opportunities for markets by giving relatively long-term certainty through having an eight-year period. In essence, we are saying, “This is how this issue will be dealt with and these are the challenges that exist.” That helps companies to plan, gives investors confidence and creates opportunities for small businesses. The big players in the waste industry in 10 years’ time may have different names, not just because the companies may have been bought and rebranded. In providing that long-term certainty, we are doing what we need to do, but the evidence thus far is that the markets are growing without direct promotion by us.

We expect councils largely to take the lead on the matter, of course. We as a Government do not deal with the mechanical processes of waste; that is essentially a council issue. There are examples of councils that are making their own investments. Fife Council is one good example to draw to the committee’s attention in that context.

The Convener

Indeed. The opportunity for councils to make income from that would be useful in this difficult time.

Councils are faced with constraints because of the reduction in and elimination of the use of landfill. Margaret McDougall will lead on that subject.

What measures is the Government taking to ensure that a properly managed network of landfill sites is maintained as Scotland adopts the zero waste agenda?

Stewart Stevenson

That is a very important point. Obviously, we have to manage our legacy as we move towards sending much less to landfill, and SEPA is heavily engaged in that process. Perhaps there will be fewer opportunities for commercial operators to make money in the traditional ways from landfill operations, and the nature of landfill will change. There will be a move to filling with inert materials essentially, as we are taking all the biodegradable stuff out of landfills. Therefore, there will be a significant change in how landfill will operate, and the commercial operation will change.

I referred to the fact that only some 30 per cent of landfill income now comes at the gate and the rest of it comes from elsewhere. We expect to see that happen. I have just been reminded of the example of the Avondale site, where the operator is diversifying into recycling and diverting away from landfill. We expect that many of the operators will start to broaden their interests and offerings. For example, being a source of commercial advice to help a range of people to reduce the amount of waste that they produce will become increasingly important for them.

The landfills themselves and the landfill operators are slightly different things, of course, and you might wish to pursue one or the other or both.

We have the existing landfill sites, and areas have been identified for landfill sites in future, but they might not be used because we are getting better at recycling our waste. Will that be covered in the guidance?

Stewart Stevenson

It will be up to each individual council to identify and plan for how much landfill space it will need. It is certainly the case that there will be less landfill. SEPA is heavily engaged in ensuring that landfill sites are regulated in a way that moves from their creation through their life cycle to their closure and the return of the land to other uses. It is a significant engineering task to build a landfill site. It not just a question of digging a hole and throwing things into it. At all the landfill sites that we have, SEPA is engaged in the process that I mentioned.

We might have to extend the life of some sites, which might be a preferred option compared with opening new sites. Because there will be less demand for landfill space, it is much less likely that there will be new sites. We should have the required capacity at the sites that we already have, and the nature of the material that will go to landfill in future will generally be less challenging for landfill operators and indeed the regulator, which is SEPA.

Claudia Beamish

I turn to another aspect—the diversion of waste. As you will know, in some other European countries there is a lot of thermal treatment, which is sometimes connected with energy. However, there are some concerns from local communities about that, and there are also transport issues for regional sites in relation to climate change, which you focused on earlier.

In a document from 2011, which SPICe has given us, the Scottish Government states:

“the feedstock simply won’t be available to feed large-scale plants or an extensive network of incinerators across Scotland.”

Will you comment on thermal treatment?

Stewart Stevenson

We continue to stand by that comment, which we made relatively recently. The hierarchy of waste goes from preventing it by reducing consumption to preparing for reuse and recycling things into other uses, and seeking to recover energy from waste through combustion is close to the option of landfill. Relatively little ought to get that far down the chain, so the commercial opportunities will be limited. Frankly, given that there will be a shrinking supply available to plants that rely on waste as a fuel that they can combust and produce energy, it will be increasingly less attractive economically for commercial organisations or councils to make that sort of investment.

That is where we are going on the issue. It is not really a matter of Government policy, practice or regulation, although there are important issues around those. The dynamic and the direction in which we are going, which the legislation seeks to support, will mean that combustion will be of diminishing importance to us. Biologically driven power and heat generation is much more likely to be focused on small-scale local schemes that use waste wood from pulp mills and forestry operations, than on burning waste. The two methods require different technology, so there is no crossover between them.

We will be leading on that, but I suspect that people elsewhere will look at our approach as a more effective model.

Annabelle Ewing

On that point, it has been said to us in evidence that some member states are actually quite jealous of Scotland because we will potentially manage to leapfrog a lot of what they are doing that they are not so keen on now. Admittedly, that is perhaps because we started the process later. Other countries have infrastructure in place that they have to feed by importing. In Scotland, we are much better placed, because we can bypass that and have a better approach to recycling. As I say, we understand that other countries are looking at us enviously in that regard.

I suspect that, as a group, we will be able to tolerate the envy of others.

Richard Lyle

On that point, throughout Scotland, there are numerous applications by various firms to councils for such plants. I take the minister’s point that there is a reducing resource. We hope that we will not get to the nth degree—that point has been well made by other members.

In evidence to the committee, it was pointed out that a report by the Government in 1999 specified where facilities would be, although that was later pulled from the report. Do you agree that the Government should consider designating where such facilities should be to alleviate people’s concerns? Should the Government ensure that councils that require facilities work together to use the diminishing resource to make the situation better, rather than have many companies spending thousands of pounds on applications that we all know will be turned down at the planning stage because people are rightly concerned about such facilities being near them? Should the Government designate where the sites should be?

Stewart Stevenson

We would be instinctively reluctant to make that a responsibility of Government. Decisions on planning are almost invariably best made by the people who are closest to the effects of the decisions. When I was minister with responsibility for planning, we moved sharply to the position of distancing Government from decisions on planning and from calling in applications unless there were matters of national concern. We would be very reluctant indeed to contemplate changing that.

In answer to the previous couple of questions, particularly the one from Claudia Beamish, I should have said that there are stringent international agreements and regulations on the import and export of waste. SEPA has substantial oversight of that. Perhaps implicit in Annabelle Ewing’s question was the point that we simply will not have waste coming to Scotland to be burned in our plants. That is just too difficult practically, so I do not think that it will happen.

The bottom line is that, in a diminishing market, it is important that councils work together. There are good examples of that. For example, there is excellent partnership working in the Clyde valley, which I think goes across 14 councils, on matters such as flooding. We look forward to seeing outcomes on the current subject from the Clyde valley partnership. That is the approach that we want to be taken, because the people who are closest to the problem understand which solutions are appropriate. However, we will of course help in advance.

11:00

As part of the on-going reduction in the use of landfill sites, when can we expect the Scottish Government to bring forward legislation to revoke the landfill allowance scheme, in accordance with the zero waste plan?

I knew that Andy Crawley was here for a reason.

Andy Crawley (Scottish Government)

Work is under way on those regulations. Subject to ministerial approval, I expect them to be made later this year.

Questions on businesses’ presentation of food waste and the use of food waste disposal units will be led by Alex Fergusson.

Alex Fergusson

Minister—I will bring you back down to your appropriate level; apologies for my previous mistake—we have had a lot of representations from small and large businesses, for all sorts of obvious reasons. Will you say a little about the rationale for the requirement on the presentation of food waste in the regulations? In doing so, will you also say a little about the differentiation that is made between businesses that produce 500kg—in the modern parlance; in my language, that is a hundredweight—or more of waste a week and those that produce less than that, and the timescale for introduction?

Stewart Stevenson

We are trying to exempt certain kinds of businesses by making that differentiation. For example, a newspaper shop that has a chill cabinet with a few sandwiches in it for passing trade to buy will find that, inevitably, some of those sandwiches will reach their expiry date and will have to be disposed of. It would be excessive to apply the kind of controls to those businesses that we would apply to producers of larger amounts of waste. We are seeking to take out of the equation the large number of businesses that produce very small amounts of food waste—we can all think of examples that are similar to the one that I gave.

The limit will be 5kg in the long term, but it will be 50kg until 2015.

It will come down to 5kg.

Stewart Stevenson

Yes.

We all have to be part of the agenda. However, we recognise that, for some businesses, the element of their business that creates that sort of waste is a small add-on to their core business, and we do not want to create an excessive difficulty for them through early action. The time period that we have chosen gives people time to move in a different direction.

Clearly, any differentiation of that nature, even when it comes down to 5kg, will involve a great deal of voluntary buy-in. Does the Government have any idea of how it will measure the amount of waste that businesses produce?

Stewart Stevenson

It is up to businesses to conform to regulations. There is an enforcement regime associated with the regulations, but I do not expect that we will see SEPA visiting the small shop that happens to put out 7kg of waste. It comes back to education and to working with organisations such as the FSB to ensure that, as part of the services that they provide to their members, they help to guide them through this and the many other elements that are changing in the world of small business.

Annabelle Ewing has a question about food waste disposal units and further business presentation.

Annabelle Ewing

On the general issue of food waste and small businesses, the small business representative who came to the committee seemed to indicate that, although there has been a derogation for small businesses until the end of 2015, they would welcome a lengthening of the transitional period.

Against that, perhaps we could obtain further information about when the waste prevention programme consultation will be launched. I imagine that that will help to feed in the concerns of small businesses about the cost implications. The bottom line is that food waste reduction is an opportunity for small businesses to save money, which is attractive to those that operate with very small margins—as it is to anybody else.

Will the minister comment on the issue of a potential further transitional regime versus any other actions that the Government could take to support small businesses through the process?

Stewart Stevenson

I am not minded to extend the transitional period, as the whole point of it is to provide a degree of certainty. Nevertheless, we will consult on the subject during the summer. For small businesses that operate with small margins, as for big businesses, there are opportunities in the efficient control and management of waste. Preventing waste in the first place is a key opportunity for every business and for each of us in our personal life.

The consultation will include proposals on measures to support business resource efficiency, helping Scottish businesses to gain competitive advantage; voluntary agreement with key sectors to cut waste and increase recycling; actions to promote reuse; public engagement through campaigns and community action; and ambitious targets to reduce waste arising in Scotland. We will address a range of issues in the consultation that we will initiate later this year—I stress that that is not a definitive, final list.

Annabelle Ewing

The other issue that has been raised specifically by business concerns macerators. We had strong representations from the industry lobby, which feels that the regulations are going to be hugely expensive for small business and that there are alternatives. However, we also heard evidence to the effect that there are no alternatives, not least because Scottish Water simply does not have the infrastructure to deal with the waste. In the wider picture, putting everything down the sink and into the sewer is a waste of a resource—we should be talking about resource management, not waste management. Will the minister comment specifically on the issue of macerators?

Stewart Stevenson

Many of the issues were identified in the question. The waste water directive has created issues for Scottish Water on the processing side. It is not simply a question of putting everything down the drain. Those of us who live in rural areas and have septic tanks are already operating the kind of regime that we want everybody to operate, choosing carefully what we put down the drain for practical reasons. That is an inefficient way of dealing with food waste.

The best way of dealing with it is not to produce food waste in the first place, by preparing it for reuse. For example, if my wife makes a chilli, some of it goes on the table and some of it goes in the freezer for later. If anything is not consumed, it goes in the freezer. There are a range of ways in which we can change behaviours, and that is much more important than suggesting that maceration can play a continuing or—even worse—an increasing role.

Alex Fergusson

I am sorry to draw this out, convener, but it is important. The British Hospitality Association gave us further evidence raising its major concerns about the costs that businesses will incur as a result of the regulations. In particular, it refers to food waste disposal units. There is a cost in that there will have been investment in them, and there will be a further cost in removing them once they are banned. The BHA says that it does not think that the costs have been quantified. What is your answer to the BHA? We heard other evidence along similar lines from the Catering Equipment Suppliers Association, and I understand the reasons for its concern. What do you say to the BHA and the committee on that issue?

Stewart Stevenson

Just to be clear: the regulations do not ban them. However, it comes back to what is the best way of using the inescapable food waste. I think that, in answer to a previous question that you asked in relation to Dumfries and Galloway, Stuart Greig said that good quality material can be put back onto the fields to re-enter the food cycle. We must do everything that we can to encourage that as a way forward. Large hotel groups, for example, might be able to enter collaborations with others who will regard the groups’ food waste as a valuable input to their processes to produce outputs. They should explore such commercial opportunities.

Alex Fergusson

I want to press you on one point, minister. We have a Scottish Parliament information centre briefing that states explicitly:

“Members may wish to discuss with the Minister the implications of the proposal to ban the non-domestic use of macerators”.

Can you clarify that for us?

I invite Andy Crawley, who is master of the legalese, to comment on that, although Stuart Greig is looking horrified at that suggestion. However, we will see what Andy Crawley has to say.

Andy Crawley

Thank you, minister.

What the regulations control is the putting of food waste into a drain or sewer. The effect of that might be that it is no longer practical to use macerators, but it is perhaps an opportunity for people who manufacture macerators to consider how they might be used in waste management. If the issue is about not putting waste into a drain or sewer, it can be macerated and put somewhere else.

As I suspect the committee knows, there is a raft of issues around putting food waste down drains and sewers, and other regulatory steps may be taken to control that. Even if we did not have the provision in the regulations, it would not mean that people who produce food waste did not need to have regard to the consequences and the costs that flow from putting things down drains and sewers.

I make it clear that the regulations do not ban the use of macerators. Indeed, that would be inappropriate. The larger issue is to consider how to manage food waste, which might include treating it in various ways.

So you accept that there is a cost to the regulations as they refer to the use of macerators.

Stewart Stevenson

I repeat that we are talking about a resource that has value, which can be diverted to other purposes—that is the tension. Almost the first thing that I said in my introductory remarks was that, with increasing demand for a limited supply of resources, the value that we can derive from reduction, reuse and recycling is rising. That is as true in this area as elsewhere.

I am grateful for that clarification. Thank you.

The Convener

Will the minister comment on a long-established scheme in Austria that zero waste Scotland brought to our attention? The scheme has a high capture rate because hotels, restaurants and commercial kitchens are obliged to collect food waste separately. For other businesses, it is cheaper to dispose of food waste via separate collections rather than as residual waste. If there was an arrangement of that sort here, would it be the answer for many small businesses?

Stewart Stevenson

I would not wish to suggest that that would be the answer for everyone. However, we would always wish to look at international examples, just as we are apparently to be the envy of the world in our regulations. We are not so arrogant to imagine that we have every possible answer. I would certainly wish to ensure that we look at examples such as the Austrian one. If it is a good one, I am sure that we would wish to consider it.

That is good. Thank you. We have quite a few other items to get through, so I ask for short questions and answers. Graeme Dey has questions on collections in dispersed areas.

Graeme Dey

I have three brief questions on this issue. We hear that the plan is that local authorities in dispersed areas will not be required to collect food waste from domestic households if it is not environmentally or economically advantageous to do so. Who will determine whether an area falls under that criterion? Does the derogation on the collection of food waste in rural areas offer sufficient assistance to rural authorities, given the challenges that they will face from the regulations? Will the Government seek to introduce the collection of food waste in rural areas at some stage?

11:15

Stewart Stevenson

We envisage that the collection of food waste will apply to 80 per cent of Scotland’s population, although the proportion of the area of Scotland will be substantially lower. The derogation applies to what we define as rural areas. We are using the existing definition of rural areas; we are not inventing a new one.

In many cases, people in rural areas are able themselves to recycle via the dunghill at the bottom of the garden, shall we say. People who grow their own vegetables may be able to do some recycling on a small scale. We do a little bit of that with the limited food waste that we produce; I am sure that others here do so, too. There are other opportunities. In the longer term, though, the best bet is to have almost no food waste—that is what we would encourage.

Mike Russell’s constituency alone has 20 inhabited islands, one of which is inhabited by a single person. It might therefore not be possible to get to 100 per cent. We must recognise the diversity of settlement in Scotland and ensure that we achieve our national objectives while allowing local solutions to be implemented where that is appropriate.

Dick Lyle has a question on issues in urban areas.

Richard Lyle

Minister, you have partially answered my question. On the collection of food waste from tower blocks and tenements, the Government’s policy statement ahead of the publication of the draft regulations suggested that the requirement on local authorities to collect food waste from high-density housing such as high rises would be removed. However, in its evidence to the committee on 21 March, the Government said that the requirement to collect food waste would include high-density housing. Ian Telford of Glasgow City Council said:

“I do not know how we will collect food from high-rise flats or tenemental properties.”—[Official Report, Rural Affairs, Climate Change and Environment Committee, 28 March 2012; c 834.]

Are you confident that all urban local authorities will be able to comply successfully with your requirement to collect food waste from high-density housing?

Stewart Stevenson

In Edinburgh, which has many similar problems—though perhaps not to quite the same scale as Glasgow—we see what can be done. It is important that local authorities share experience, through COSLA and so on. There is evidence from the Edinburgh experience that models can be developed for collecting food waste from single buildings with dense and varied populations. We would encourage Glasgow to do that.

In my area, once we put recycling bins outside dense tower blocks, they are absolutely full. I take your earlier point about the chilli, and people wanting to use food wisely by eating it all. Is that basically what you are suggesting?

Stewart Stevenson

I would not wish to encourage people to eat all of what they currently buy, because there are other issues involved. However, it is appropriate to get a good balance between what one buys and what one consumes. There is a health agenda in there as well—perhaps too many Scots have unhealthy eating habits. Every one of us may eat unhealthily from time to time. We should not do it all the time—a little indulgence, perhaps, but not too much.

The issue of enforcement powers was raised by Colin Clark from Highland Council.

Graeme Dey

To what extent will getting where we want to go with this issue depend on utilising enforcement powers? To that end, are the powers that are contained in section 34 of the Environmental Protection Act 1990 sufficient? Who has the power to enforce the regulations? As I understand it, that is not stipulated in section 34.

Stewart Stevenson

Environmental regulations are, essentially, the responsibility of the Scottish Environment Protection Agency. The powers and enforcement capabilities are provided for in previous legislation.

However, with commercial operators and more generally, SEPA adopts a hierarchical approach in dealing with infraction. The first intervention is to advise people that they are departing from the appropriate rules and regulations. In many cases, that is the appropriate thing to do. Such a visit might be followed by a written warning. Ultimately, SEPA has the powers to enforce regulations through court action, but it is pretty exceptional for it to have to do that. That is the process by which we will enforce the waste regulations, which are an environmental issue.

I should add that local authorities also have a role to play.

Do you see local authorities and SEPA working effectively in tandem?

Stewart Stevenson

The advice and discussions that I have had and the visits that I have made suggest that there is a good working partnership and that each side knows when to call on the other for support. If there are local examples of where that relationship is not working and it is felt that we in government can intervene to assist, we will do so, but the evidence is that SEPA has a pretty good team that is able to respond.

Graeme Dey

Confusion appears to exist, as the evidence that we took from Colin Clark of Highland Council indicated. In the guidelines that you produce on the zero waste regulations, will you make it clear to local authorities that they can be involved in enforcement, because they seem to think that they might not have a role to play in that regard?

Stewart Stevenson

In a consultation, there is almost always a catch-all question such as, “Is there anything else that you want to tell us on this agenda?” We have a working group that is engaging with SEPA, COSLA and others on enforcement, and something will come out of that. We expect the guidelines to respond to what that working group is doing and the input that we get to the consultation process that will take place later this year.

Annabelle Ewing

Concerns have been raised by some—although by no means all—of those who have provided evidence about the thoroughness of the business regulatory impact assessment. Although it was felt that it had been conducted well on a macro level, there were concerns that, on a micro level, there were certain gaps, particularly as far as catering services were concerned. Will you comment on that?

Stewart Stevenson

All that I can say is that I am satisfied that the impact assessment was drawn up appropriately and consulted on appropriately. We have certainly not formed the view that there are any substantial difficulties with it.

However, the body of people who will be affected by the regulations is highly diffuse—every household will be affected by them and the overwhelming majority of businesses may be affected by them, to some extent—so it is clear that we will need to be attentive to how they work in practice and, of course, we will be. At the same time, we will need to stick to what is in the regulations, because we want to give certainty and not tinker around with them, but we will certainly help, advise and work with people who feel that there are issues that are yet to be resolved.

Annabelle Ewing

In one respect, the calls to carry out case studies would have been difficult to meet, because each case will probably be quite different from the next one.

I am pleased to hear that the Scottish Government and, I presume, zero waste Scotland will work closely with small businesses to help them through the process. That is the key to getting widespread support for the regulations because, in the absence of support and guidance, small businesses will feel that they are having to bear the brunt of implementing a new Government policy.

Stewart Stevenson

Zero waste Scotland has provided information to the committee; I referred to that earlier. We also have a number of briefing notes of one sort or another, one of which is a zero waste Scotland support to business briefing note, which I hope will be of assistance. It makes the point that the member has just made when it says:

“Importantly, there isn’t a one size fits all solution for businesses.”

Given the diversity of businesses and broad reach of the regulations, it is inevitable that one has to say that.

Alex Fergusson

I want to expand on that briefly. The British Hospitality Association is adamant that the regulatory impact assessment assumes only savings and does not take into account the costs to small businesses in particular. Annabelle Ewing was quite right to say that this issue affects small businesses in particular. In taking into account the costs to the small businesses of implementation and complying with the new regulations, can you assure us that there will be some flexibility in the transitory arrangements that will allow those concerns to be addressed and allayed?

Stewart Stevenson

We have created time in the timetable. I am not minded to change that timetable because it is necessary to have certainty so that investment can be made knowing that there is such a timetable. The ban on materials that are collected separately for recycling going to landfill or incineration will come in 2014, which is a couple of years away. We think that the timetables that we have come up with provide time to work with industries—the hospitality industry being but one—and we and zero waste Scotland will support them to work through and understand how we can do it.

I do not think that I have sought to say that they will be zero costs but, in exchange for the costs, there will be substantial opportunities for financial benefit and I hope that that is the message that you take. Change can very rarely be done without some cost. We are making this change for environmental reasons, but we are doing it in a way that creates commercial and financial opportunities for many important players.

Alex Fergusson

My concern is about very small rural businesses such as exist across my constituency that are not in a position to bear any increase in costs at this time. I understand your aims and I understand that we cannot bring about change without cost. I am gratified to hear your assurance that zero waste Scotland and the Government will work with such businesses to ensure a peaceful transitory experience, if I can put it that way.

Stewart Stevenson

In the first instance we will probably seek to work through representative bodies such as the FSB. Because of the diversity of businesses, we might not be able to have someone going to every door, but we wish to respond to issues that are brought to our attention.

The Convener

The Subordinate Legislation Committee has raised a point with us. It drew our attention to the new waste management strategy duties created by the regulations, and how the failure to discharge those duties could result in a criminal offence. How will the code of practice that is being drawn up be rolled out so that people will know how to avoid committing a criminal offence in this case?

Stewart Stevenson

Like many others, the code of practice will not be part of statute law but the courts will take it into account when considering whether there has been a breach of regulations. It is therefore part of the legal system and it will determine the outcomes of legal cases, but that is generally where these things sit and that is the intention in this case.

How soon will it be available, given that we might pass the regulations today, if members so wish?

In the summer.

11:30

The Convener

Thank you.

We have covered a large area and members have given considerable thought to some of the issues. We have come all the way from saying that North Lanarkshire is the Saudi Arabia of waste power to many other areas.

I see that Alex Fergusson wants to delay us a little further. By all means, go ahead, Alex.

Alex Fergusson

I apologise, convener, but it is important that I have this question answered. I do not wish to oppose the regulations. I have a lot of concerns about them, although I am content with the answers that the minister has given so far. However, I want to raise one issue that was raised with us by the campaign for real recycling, which involves a number of bodies, including Friends of the Earth. The issue was that the collection regulations are inconsistent with the revised waste framework directive in a number of ways. Can the minister satisfy me on that score?

I will invite Stuart Greig to comment, if I may.

Stuart Greig

I had an interesting meeting with members of the campaign last week. They have been worried about how DEFRA has dealt with the transposition issue. Just yesterday, the Resource Association, which I mentioned earlier and which represents all reprocessors—the real recycling campaign is a kind of subset of it, as it involves some reprocessors—said publicly that it thinks that DEFRA should look to Scotland to see how we are dealing with collection, commingling and everything else. The association has seen that our approach is a model for dealing with the difficult issue of providing flexibility around collection, but in a way that maintains quality. The directive is about getting good-quality recycling materials, and that is what we want to try to do. I was heartened by the discussion that we had with them.

Are you telling us that the campaign would now not say what it said in its evidence to us, in which it urged the Scottish Parliament not to make the draft regulations into law?

Stuart Greig

The reality is that the campaign is in a difficult position because it is dealing with DEFRA on the same issue and it cannot step back from the position that it has had for a while. However, the campaign has seen what we have been doing in Scotland. I get the strong feeling that it wants to work with us on the approach that we are putting in the regulations and not to fight it. That is definitely what is coming through, which is heartening.

The Convener

We have dealt with a lot of the details, so it is time to move to the second agenda item, which is the formal debate on motion S4M-02613, which calls on the committee to recommend approval of the affirmative instrument. I invite the minister to speak to and move the motion.

Stewart Stevenson

We have had a useful hour and a half and covered a lot of ground, so I will confine myself simply to moving the motion.

I move,

That the Rural Affairs, Climate Change and Environment Committee recommends that the Waste (Scotland) Regulations 2012 [draft] be approved.

Do any members wish to speak?

Alex Fergusson

When I asked my final question, I indicated that I have considerable reservations about parts of the regulations. However, I believe that the aims are noble and just and I do not wish to stand in the way of the regulations. Many of the concerns that have been raised, particularly by business, have justification. I do not doubt Mr Greig, but I hope that he is right that, legislatively speaking, this is all above board and that the concerns that were raised with us by the campaign for real recycling are not justified. With those reservations, I am content that we recommend that the regulations be approved.

The minister has spoken with passion and I am impressed with his comments. I certainly support the regulations.

The Convener

As no other members wish to take part, I will put the question. The question is, that motion S4M-02613, in the name of Stewart Stevenson, be agreed to.

Motion agreed to,

That the Rural Affairs, Climate Change and Environment Committee recommends that the Waste (Scotland) Regulations 2012 [draft] be approved.

We will record the result and confirm the committee’s report on the outcome of the debate.

We will take a short break and reconvene at 20 to 12.

11:35 Meeting suspended.

11:42 On resuming—