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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 11 January 2026
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Displaying 926 contributions

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Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 5 December 2023

Lorna Slater

Yes, we absolutely share that concern. Dealing with POPs waste is a regulatory requirement; it needs to be incinerated safely. However, I would note that sofas that have fire-retardant chemicals on them are perfectly safe to use and reuse. We need to look at how we get those items into the reuse stream and not consider them to be waste when they are still perfectly good to use. It is only when they come to the end of their life that we need to ensure that they are disposed of properly.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I am not aware of goods being shipped around the world, and the intention is to prevent the disposal of goods, not their re-export. Do any of the officials want to come in on that?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 5 December 2023

Lorna Slater

The only comment that I think pertains to me came from the deputy convener. What he has asked for is not a problem at all.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I correct myself. I am trying to remember what I did. If the record says that I met Amazon, then I did. I would have to go back and see the minutes of the meeting. That was last year. The convener will know that I have many meetings. If that is on the record, we can find out what the minutes of that meeting say.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I am keen to get the route map to you as quickly as we can. Do we have an updated timescale?

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

For the national targets, we are looking at using the affirmative procedure, not the pre-laying procedure, as Ailsa Heine has pointed out.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I absolutely agree that the bill can be used in that way. The member will note that, in section 1, which is on the circular economy strategy, many of the provisions specifically refer to “consumption of materials”. That is not limited to the impact of the consumption of materials on Scotland, so one could absolutely use those provisions to look at global footprint. Earlier this week, I had a meeting about a report that is to be published on Scotland’s global footprint and how we will look at that. Work is being done on that in parallel with the work on the bill.

I do not know whether any of the officials would like to come in on that.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

No—I do not think that stakeholders need to be nervous. Since he gave evidence to the committee, I have had a meeting with Ewan MacDonald-Russell of the Scottish Retail Consortium to clarify exactly that point. He was concerned that the definition might include food and other perishable goods, so I wanted to reassure him that that is not the case. The description of “consumer goods” is intended to be used in relation to durable goods, not perishable goods. I have agreed to write to Mr MacDonald-Russell to clarify that point.

The intention is to cover goods that are currently being disposed of that have a significant impact. The model that we are examining is the one that applies in France, where rules have been imposed for electronics, textiles, hygiene products and cosmetics. That is the model that we will consider, although we will do a full consultation before we implement it.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

The bill is absolutely not intended to target small and medium-sized businesses. It is—

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I can only imagine how frustrating it is to have a waste crime committed on your land, convener.

I will answer, but I will also hand over to Ailsa Heine, because there are some legal points to make in connection with this particular question.

Section 59 of the Environmental Protection Act 1990 does not place an immediate legal liability on the occupier of land, but it does provide a means of serving a notice to compel the occupier to remove waste from the land in some circumstances, which must be what has occurred in the situations to which Murdo Fraser referred. Although that power could be used in any circumstances, it is likely to be used by SEPA or by local authorities only when there is substantial evidence that the landowner bears some responsibility for the deposited waste. SEPA and local authorities also have powers to remove waste from land, so they can do it themselves.

Although we recognise that private landowners are often the victims of fly-tipping and we recognise the need for further action to support those victims, the proposal contained in Murdo Fraser’s proposed member’s bill would significantly affect SEPA’s ability to tackle serious waste crime, and removal of the provision in section 59(1) of the 1990 act would allow occupiers of land who bear some responsibility for fly-tipping waste to escape liability for unlawful behaviour, which would leave the public purse to bear the removal and clean-up costs.