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I am open to discussing charging for services as part of the discussion that we have with local authorities about the code of practice. The first circular economy and waste route map consultation in 2022 suggested that we identify at least three priority products for further action on producer responsibility schemes. Through the UK Environment Act 2021, Scotland has extensive powers to put in place Scotland-based producer responsibility schemes. We are looking at things such as textiles, mattresses, sofas and tyres. That is part of the consultation, and we are absolutely considering taking that forward.

Understood, convener—I absolutely agree.

Thank you for the opportunity to come to speak with the committee.

The Circular Economy (Scotland) Bill will establish the legislative framework to support Scotland’s transition to a zero waste and circular economy, significantly increase reuse and recycling rates, and modernise and improve waste and recycling services.

The powers in the bill will give ministers and local authorities the tools that they need in order to achieve our ambitions for a circular economy. Those represent a package of new powers and responsibilities that will be underpinned by support and investment, such as the £70 million recycling improvement fund. That builds on more than £1 billion of funding provided through the former strategic waste fund between 2008 and 2022 to assist local authorities with the implementation of a zero waste plan.

The bill is necessarily narrow in the topics that it covers. It sits in the space where the Scottish Government needs new powers to take action between powers that are reserved and matters that are devolved but for which we have already taken powers.

At the heart of many of the bill’s provisions is the recognition that co-design, based on the principles of the Verity house agreement and the new deal for business, will be central to delivering the transformation that is needed.

Regulations that are made under the enabling powers in the bill will be subject to further consultation, parliamentary scrutiny and impact assessments, including business and regulatory impact assessments.

I note that the Delegated Powers and Law Reform Committee has reported to this committee that it is content, in principle, with the powers and the proposed procedures, although I also note that it has suggested some improvements to a couple of the powers.

Legislation is, of course, only part of the solution and a wide range of other measures is in train. Alongside the bill, we are developing our circular economy and waste route map, which will provide strategic direction to deliver our system-wide, comprehensive vision for sustainable resource use and for Scotland’s circular economy to 2030. An updated draft route map will be published shortly for further consultation and will be finalised in 2024.

Extended producer responsibility for packaging, which we are introducing alongside other United Kingdom Governments, will require producers to pay local authorities the full net cost of operating an efficient and effective household packaging collection service. That will provide substantial funding of an estimated £1.2 billion per annum to local authorities across the UK.

I finish by underlining the fact that building a more circular economy is an environmental imperative, but that it is also an economic opportunity for Scotland. It will open up new markets, improve productivity, increase self-sufficiency and provide local employment.

I look forward to answering members’ questions.

Absolutely. On the data collection point, I said in my response to Mr Fraser that we are working on creating a national database and ensuring that we are pulling that data together. We agree that the work needs done; I just do not think that legislation is required to do it. That is fine.

With regard to changing the fixed-penalty notice in the SSI that is in front of us, we are not seeking to change the crime at all—we are not changing who will be fined. I clarify that, in relation to the householder’s duty of care in the Circular Economy (Scotland) Bill, which were talking about earlier, the fine for the householder is £200 and will remain at that level. This SSI is different and is to do with existing fly-tipping offences under section 33A(9) of the 1990 act. It is those offences for which the fixed penalty will be going from £200 to £500. The fixed penalty in relation to the householder’s duty of care will remain at £200.

Certainly. From my point of view, the report made two substantive points, which we can go into in further detail if you would like. The first was that there was dissatisfaction with some of the assumptions that were made for specific numbers in the financial memorandum. I am content to take away that feedback, review those numbers and, as previously discussed, publish updates if I feel that that is necessary.

The second point was to do with frustration—which I know that you share, convener—about the nature of a framework bill and what that necessarily means for how the secondary legislation that follows on from such a bill can be scrutinised, in particular by the Finance and Public Administration Committee. The FPAC’s comment was that, although it sees the primary legislation, the secondary legislation does not come to it. Although that secondary legislation would come to committees such as this one and would be accompanied by impact assessments and similar information, it does not go to the FPAC. That is a matter of parliamentary process—maybe the issue is one that we should address, so that that committee can provide such oversight. That process is for the Parliament to decide.

As I have said, I am happy to reflect on the numbers that have been flagged up by that committee. I will make a determination as to whether I feel that an update is required.

Yes, I agree with the member on that.

There are several provisions in the bill that keep us aligned with the EU. The provision on the disposal of unsold consumer goods contains powers to keep us in line with measures proposed by the EU. The EU also requires monitoring of food waste and reporting on waste and surplus, so those provisions in the bill would keep us in line. The provisions on single-use plastics will keep us in line with the EU. We have already put in place a ban on some of the most problematic single-use plastics, and the approach to charging for single-use plastics keeps us in line with the EU directive.

I could go into that further but, in the interests of time, I will just say that many of the provisions are either in line with the approach of the EU or move us in the same direction.

I am sorry, convener. I was referring to a letter addressed to you dated 30 November.

It is a really good point to highlight that no legislative powers, for example, are required to introduce that excellent nappy reuse scheme. I have spoken to the member about that before. I understand that it is a cost-neutral scheme that North Ayrshire Council runs.

I have asked Zero Waste Scotland to take on a role facilitating best practice among councils, because the recycling services that our councils provide and their reuse services are enormously variable. Given that the nappy scheme is a cost-neutral provision—it saves the council from having to deal with nappies, which are, I am told, a real problem for the contamination of waste and are not easily recyclable—it could be a real benefit for councils. I have tasked Zero Waste Scotland with that and I absolutely expect to see that in the route map.

I do not know whether any of the officials want to comment on the route map in that regard.