Chamber and committees

Circularity Scotland provides services to drinks producers and retailers to help them comply with their obligations under the Deposit Return Scheme Regulations.

By helping these companies do so, they will ensure the benefits of Scotland’s DRS will be achieved.

In line with the ‘polluter pays’ principle, and just like similar schemes around the world, Scotland’s deposit return scheme is being delivered and funded by industry, led by the scheme administrator, Circularity Scotland. This was the approach agreed and voted for by the Scottish Parliament when it approved the appropriate regulations.

Scotland’s Deposit Return Scheme is not a government scheme, in that it is run by and for industry, and therefore cannot be compared with companies and bodies that do administer government schemes.

Circularity Scotland is a privately owned company and is not under contract to the Scottish Government. It is therefore not a Scottish public authority for the purposes of the of the Freedom of Information (Scotland) Act 2002, and we do not consider there to be any implications for FOI legislation given this legislation applies to public bodies rather than private companies.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. After clarifying the specifics of the question with the member, her response is as follows:

• How many items of contraband have been detected by the photocopying of mail?
• Photocopying of mail does not detect contraband. The process for establishments that have this in place is that original mail items are photocopied and the prisoner is given the copy with the option to destroy the original or have this placed in their property for issue upon release. If during the opening of correspondence an item is suspected to be suspicious then this is sent to security for testing on the rapiscan machine.
• How many items of contraband have been detected by the rapiscan machine since the introduction of this policy?
• Since the introduction of the photocopying of prisoners correspondence 2,677 items have tested positive on the rapiscan machine.

Scotland’s Deposit Return Scheme was developed in line with the ‘polluter pays’ principle, and just like similar schemes around the world, is being delivered and funded by industry. The Deposit Return Scheme for Scotland Regulations 2020 enable any public or private organisation to apply to be approved by the Scottish Ministers as a scheme administrator.

Only Circularity Scotland has applied to be a scheme administrator. Their application was considered in line with the regulations.

Any other eligible application received will be considered by the Scottish Ministers.

We are clear that any level of violence is unacceptable but believe that we already have legislation in place to tackle violent crime. By any measure, the overall trend has improved but there are still areas of concern. In 2023-24, in addition to the police budget, we will also be providing our partners with over £2m to support ongoing and innovative violence prevention activity across Scotland. To strengthen our approach, we will publish the first ever national Violence Prevention Framework for Scotland, which will set out our vision, aims and actions to prevent violence and reduce its harms.

The first report of the independent review of incineration conducted a capacity analysis. It recommended that the Scottish Government ensure no further planning permission (i.e. beyond that already in place) is granted to incineration infrastructure within the scope of the Review, unless balanced by an equal or greater closure of capacity, subject to certain limited exceptions. Our response to the Review set out our intentions to set out in National Planning Policy that the Scottish Government does not support the development of further municipal waste incineration capacity in Scotland, with very limited exceptions. Following the adoption and publication of National Planning Framework 4 on 13 February 2023 that action is now complete.

To support future planning decisions, we accepted the review’s separate recommendation to develop an indicative capacity cap. However, it is important that any indicative cap is as robust as possible and developing such a cap will be a significant piece of work.

Where relevant consents and permissions have already been granted, the review noted that it is ‘unlikely that all facilities in the pipeline will be built, especially those that have not yet secured full financial backing’. The Review did suggest some principles, based on stakeholder feedback, that might be applied to determine which of the pipeline facilities would be best to build and which might be deprioritised, in light of the potential overcapacity predicted. These included:

• Proper appreciation of resource and waste management as a complex and interdependent system.
• Application of the proximity principle (that waste should generally be managed as near as possible to its place of production) at a sub-national level.
• Consideration of access to low-carbon transport, especially where longer distances are involved.
• Opportunities for synergy with other activities. For incineration, this should prioritise access to heat offtake and, in due course, carbon dioxide offtake options.
• Local environmental and social impacts.
• Wider environmental impacts, such as the carbon and other benefits from recycling to avoid virgin raw material production.

We would encourage those involved in the development of these facilities to take into account capacity and the principles set out by the independent review of incineration.

The Scottish Environment Protection Agency (SEPA) is a separately constituted statutory body, independent from the Scottish Ministers, that has primary regulatory responsibility for protecting and improving the environment. Scottish Ministers are not responsible for SEPA’s operational matters, including the exercise of its enforcement functions. It is up to SEPA to consider its enforcement position in relation to this matter.

As a non-Police specialist reporting agency, SEPA has the option to submit reports to the Crown Office Procurator Fiscal Service (COPFS). Both SEPA and COPFS are clear that such enforcement action is a last resort, used for the most significant offending. SEPA is an independent regulatory agency and is not required to consult with COPFS or others when taking regulatory positions. This includes the published position concerning online takeback for the Deposit Return Scheme (DRS) which provides reassurance to retailers that no enforcement action will be taken by SEPA with respect to DRS takeback obligations whilst this aspect of the Deposit and Return Scheme for Scotland Regulations 2020 is under review.

The Scottish Environment Protection Agency’s (SEPA) Deposit Return Scheme (DRS) producer registration service will only grant registrations that meet the requirements of The Deposit and Return Scheme for Scotland Regulations. All producer registrations granted to date have been registered in accordance with the Regulations. A registration is complete once it has been accepted by SEPA and the producer has been formally notified.

I refer the member to the answer to question S6W-15873 on 24 March 2023. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

There is not a fixed completion date for the Borders Forest Trust pilot project. The project will continue for as long as financing is available from the investment partners and land managers choose to receive it.