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Seòmar agus comataidhean

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 8 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

Ailsa Heine has the full details on that, but this is only one part of the enforcement regime around fly-tipping. SEPA has a separate range of civil penalties that it can issue for offences under section 33(6) of the 1990 act, including fly-tipping. Those penalties include monetary penalties of £600 and variable monetary penalties of up to £40,000, which is the maximum fine upon summary conviction for these offences. Those remain unchanged. Criminal proceedings are also possible, including conviction on indictment through a jury trial, imprisonment of up to five years and an unlimited fine.

However, fixed-penalty notices are intended for small-scale crime. A £1,000 or higher penalty would not be proportionate for the dumping of a sofa. If we are getting into serious waste crime, however, there are much more punitive measures.

At this point, I will hand over to Ailsa Heine.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 5 December 2023

Lorna Slater

That is a specific example, but when waste that has been fly-tipped can be identified, the provision in the Circular Economy (Scotland) Bill would allow a fixed-penalty notice of £200 to be charged against the homeowner.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 5 December 2023

Lorna Slater

No, no—that is a good suggestion, convener. If the member would be content with that, we can certainly take the discussion out of this space, if that would be convenient.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

The provision is not that burdensome—

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I am, indeed, open minded about how we can improve any aspect of the bill—certainly, in terms of ensuring that the strategy has the effect that we want it to have. Of course, our commitment to human rights globally is strong, as you know. I look forward to discussing those potential amendments with you further.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

I will give you my thoughts, then invite officials to come in. There are two points to make on that. In relation to the bill, there is an opportunity in respect of national and local authority targets, if local authorities want to address that as part of the co-design process. That could be looked at, but what would procurement with such targets look like? We would have to work out the exact details to make sure that it was feasible.

10:15  

The other element, which I have discussed with Zero Waste Scotland, is entirely separate from the bill, but is part of the larger picture. We are moving into a space where we need to understand and be able to measure the circularity of a company. For example, in the fair work space, we know that companies are accredited as fair work companies and as living wage companies. Under such a procurement procedure, you would be able to say whether a company meets the requirement.

However, we do not have a circularity accreditation. One does not exist here yet and, as far as I am aware, none exists globally. All countries are working on that.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

It would be interesting to look at the idea. I have discussed the matter with Zero Waste Scotland. Around the world, various metrics are being developed and, as I said, I have asked Zero Waste Scotland to take that on board. Such a metric would be brilliant. My long-term vision is to have a circularity metric, so that we could say that companies must have a certain amount of circularity, just as we can say that they must be fair work employers, but I do not know what that would look like yet.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

The most relevant provision in the bill in that regard relates not so much to the strategy, which absolutely could encompass those things, but to practical implementation. So much of the practical implementation will be done by our local authorities, so it is most likely that it will take effect and take shape under the provision for development of the code of practice.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

No—that would not negate the whole point. The regulations need to be proportionate; we are looking at large businesses whose activities can have a significant impact on the carbon footprint. The bill is absolutely not intended to target small and medium-sized enterprises or to disadvantage small businesses in any way. We are looking specifically at the impact of large businesses.

Net Zero, Energy and Transport Committee

Circular Economy (Scotland) Bill: Stage 1

Meeting date: 5 December 2023

Lorna Slater

What good would look like to me is what we need to do to meet our net zero targets. We know how much waste we need to reduce not only to meet our waste target but, in the bigger picture, to help the country to reach net zero. The specific answer to your question is that good would look like what the sector needed to do on our pathway to net zero.