Chamber and committees

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

A range of checks are carried out before the release of a prisoner is authorised including but not limited to, an identity check of the person, confirmation of liberation date and a check for any known outstanding warrants.

A liberation in error occurs when an individual is released from a Scottish Prison Service establishment without lawful authority. This situation typically arises due to an administrative or procedural mistake, such as incorrect interpretation of documentation, miscalculation of sentence dates or incorrect data sharing from other partners.

The following table provides the numbers of total liberations and the liberations in error since 2021-2022, up to and including 13 November 2025:

The Scottish Government is committed to ensuring that appropriate and relevant support is available to people when they are released from custody. Individual needs are identified by throughcare support, which allows those with a history of substance use to receive the right support for them. Through collaboration with the third sector, we also aim to ensure that recovery support provided in prisons continues throughout the transition and resettlement process back into the community.

Further integration across services and consistent data collection are essential to fully assess the impacts on post-release re-offending rates.

Local authorities and commercial waste operators have made significant progress to prepare for the ban on landfilling of biodegradable municipal waste and the overwhelming majority already have compliant solutions in place. There has been a significant expansion of energy from waste facilities in Scotland in recent years. The Scottish Government will continue working closely with the waste sector and with public and private sector partners to ensure we build on progress and support a smooth transition away from landfill. It will be for SEPA to determine its regulatory position beyond 31 December 2027.

SEPA, as Scotland’s independent environmental regulator, has set out its enforcement approach via a Regulatory Position Statement published on 29 October 2025. It is for SEPA to determine and apply regulatory decisions within its statutory remit, and it would not be appropriate for the Scottish Government to comment on those operational matters.

Incineration permit conditions required by the Pollution Prevention and Control (Scotland) Regulations 2012 prevent the incineration of separately collected recyclable waste.

The Scottish Government is supporting diversion of recyclable material from residual waste. We are making one of the biggest investments in a generation to modernise recycling in Scotland through the Recycling Improvement Fund. A total of £66.6 million has now been allocated to 27 local authorities for 48 projects to increase the quantity and quality of recycling across Scotland. We are funding a range of improvements, including more frequent recycling collections, the extension of food and garden waste collections, and boosting Scotland’s capacity to recycle problematic materials like plastic films. The household waste recycling rate increased from 43.5% in 2023 to 44.3% in 2024.

Local authorities in Scotland will also see around £150 million per year in funding to support collection of household packaging waste through extended producer responsibility (EPR) for packaging. These payments will start from November 2025.

Our plans to co-design a new household recycling Code of Practice are set out in the Circular Economy & Waste Route Map. The new, statutory Code of Practice will increase consistency, making the right choices the easier choices for households to maximise diversion of recyclable waste from disposal. This is alongside giving local authorities more powers to tackle persistent, deliberate contamination of recycling and waste bines, mirroring powers that are already available to local authorities in England and Wales, to ensure that recyclable material is correctly disposed of.

The Scottish Government continues to consider relevant evidence and analysis as part of our ongoing policy development for a cruise ship levy. This formal analysis will publish early next year.

Port and cruise stakeholders have been working on their own alternative proposals to a levy. We anticipate these will be shared with the Scottish Government in the next few weeks. The Scottish Government will consider these stakeholder proposals alongside the alongside the consultation analysis when deciding next steps.

The Scottish Environment Protection Agency (SEPA) is the regulator for municipal waste incineration. SEPA already publishes summary data on pollutant releases via the Scottish Pollutant Release Inventory (SPRI), site-specific monitoring data on its public register and also requires operators to make up to date emissions information available to the public via their own websites.

The Scottish Government recognises the value of a long term, evidenced-based indicative residual waste treatment cap to help inform planning and investment decisions as Scotland transitions towards a circular economy, as part of an overall strategic approach (Recommendation 5 of the Independent Review on the Role of Incineration in Scotland’s Waste Hierarchy (the Review) published May 2022).

That is why, as set out in Scotland’s Circular Economy and Waste Route Map to 2030, we have committed to develop an indicative cap through Scotland’s Residual Waste Plan (RWP), due for publication in 2027.

In line with the Review’s recommendation, any cap will be indicative and consider all residual waste capacity, including landfill and other treatment options. It should account for waste streams that must be incinerated by law, such as those containing persistent organic pollutants (POPs), and allow for sufficient contingency to account for uncertainties in the data, the trajectory of residual waste arisings, and policy development and delivery.

The Scottish Government regularly engages with waste sector representative bodies, including those representing commercial operators/Energy from Waste (EfW) facilities such as the Scottish Environmental Services Association (SESA), through channels such as the Waste and Resources Sector Forum.

This includes recent engagement with both public (local authority) and commercial sector representatives in relation to policies including the ban on landfilling biodegradable municipal waste (BMW), the proposed expansion of the UK Emissions Trading Scheme to include incineration and waste treatment capacity, among others.

Energy from waste emissions were expected to rise in the short-term as a result of preparations for the ban on landfilling biodegradable municipal waste in Scotland which comes into force on 31 December 2025. As part of these preparations, a portion of currently landfilled waste is diverted to incineration, resulting in an increase in incineration emissions.

However, this is expected to be accompanied by a larger longer-term decrease in emissions from the waste sector as a whole due to lower landfill emissions, driven by the ban.

The independent review on the role of incineration in Scotland’s waste hierarchy (published 2022) found that incineration's current place within the waste hierarchy is correct, meaning that overall, it is preferable to other forms of residual waste treatment, such as landfill but made clear recommendations around limiting future capacity and decarbonisation of energy from waste.