- Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
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Date lodged: Monday, 27 March 2023
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Current Status:
Answered by Lorna Slater on 24 April 2023
To ask the Scottish Government, in light of SEPA's position statement that it
“will not take enforcement action against any retailer who does not offer a
takeback service to consumers in Scotland in relation to online or distance
retail sales of scheme articles", whether it can provide any assurance to
retailers that, should they breach the requirement under the Deposit and Return
Scheme for Scotland Regulations 2020 to provide a takeback service, they will
not face enforcement action in the future; whether the Law Officers were
consulted by SEPA on this matter, and what discussions it has had with the
Crown Office and Procurator Fiscal Service regarding any potential impact of
this development on its approach to pursuing prosecutions in respect of this
matter.
Answer
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.
- Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 27 March 2023
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Current Status:
Answered by Lorna Slater on 24 April 2023
To ask the Scottish Government how it was able to determine that £2 billion in funding could be leveraged from the private finance investment pilot that was announced on 1 March 2023 on the NatureScot website.
Answer
The £2 billion figure reflects the current appetite from the investment partners to finance projects in Scotland. It is not a fixed figure and additional capital may be available if a sufficient pipeline of investment projects can be created and a successful investment model proven.
- Asked by: Maurice Golden, MSP for North East Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 27 March 2023
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Current Status:
Answered by Lorna Slater on 24 April 2023
To ask the Scottish Government, further to the answer to question S6W-15735 by Lorna Slater on 23 March 2023, whether it will provide the information requested regarding whether or not producers that have registered for the Deposit Return Scheme after 1 March 2023 have been registered in accordance with regulations.
Answer
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.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Monday, 27 March 2023
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Current Status:
Answered by Lorna Slater on 24 April 2023
To ask the Scottish Government, further to the answer to question S6T-01276 by Lorna Slater on 21 March 2023 and in relation to her comment that Circularity Scotland “does not provide a public service”, on what evidentiary basis it determined this to be the case, in light of the statement on the Circularity Scotland website that it is a “company created to benefit everyone in Scotland”.
Answer
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.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Monday, 27 March 2023
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Current Status:
Answered by Lorna Slater on 24 April 2023
To ask the Scottish Government whether it considered any other options for the Deposit Return Scheme administrator, which would have been subject to Freedom of Information legislation.
Answer
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.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
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Date lodged: Monday, 27 March 2023
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Current Status:
Answered by Lorna Slater on 24 April 2023
To ask the Scottish Government for what reason Circularity Scotland was created as a private, not-for-profit company, and what the potential implications are for Freedom of Information legislation, in comparison to other companies and bodies that administer government schemes.
Answer
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.
- Asked by: Jamie Greene, MSP for West Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 27 March 2023
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Current Status:
Answered by Lorna Slater on 24 April 2023
To ask the Scottish Government what its response is to NatureScot’s Pollinator Strategy - 2022 Progress Report.
Answer
The Scottish Government recognises the important role that pollinators play in agriculture and horticulture as well as supporting our biodiversity, and that Nature Networks are key to helping pollinators thrive. Enabling land managers to support biodiversity is central to delivering the vision and outcomes set out in our final draft Scottish Biodiversity Strategy, published in December 2022. The Strategy highlights the need to improve ecological connectivity across Scotland in order to address the twin crises of climate change and biodiversity loss.
We welcome the publication of NatureScot’s Pollinator Strategy 2022 Progress Report, which shows a range of positive work underway across Scotland to deliver the aims of the Pollinator Strategy. The report highlights the strength of partnership working in Scotland and that delivery of the Strategy relies on the shared vision of many partners including NGOs, local authorities, community groups, the scientific community and individuals.
An increasing range of pollinator-friendly projects were reported across Scotland, including the Irvine to Girvan Nectar Network and Pollinators Along the Tweed.
- Asked by: Graham Simpson, MSP for Central Scotland, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 04 April 2023
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Current Status:
Answered by Kevin Stewart on 21 April 2023
To ask the Scottish Government what (a) financial, (b) legal and (c) other costs have been incurred, to date, in the process of nationalising the Caledonian Sleeper rail service.
Answer
Since the announcement on 2 March 2023 that Caledonian Sleeper services will be provided through the Scottish Government’s Operator of Last Resort arrangements on expiry of the current franchise agreement, there have been no costs charged to date on a) financial, b) legal and, c) other costs.
- Asked by: Craig Hoy, MSP for South Scotland, Scottish Conservative and Unionist Party
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Date lodged: Monday, 03 April 2023
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Current Status:
Answered by Michael Matheson on 21 April 2023
To ask the Scottish Government whether it will provide its latest expected completion dates for all National Treatment Centres that are currently being built.
Answer
Golden Jubilee Phase 1 opened its doors to patients in December 2020, NTC Fife treated its first patient on 20 March, NTC Highland opened on 17 April of this year, NTC Forth Valley is due to open in summer 2023 with Golden Jubilee Phase 2 due to open in winter 2023.
- Asked by: Paul Sweeney, MSP for Glasgow, Scottish Labour
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Date lodged: Wednesday, 05 April 2023
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Current Status:
Answered by Maree Todd on 21 April 2023
To ask the Scottish Government what plans it has to improve the safety of white collar boxing events in Scotland, and whether it has considered proposals for all unlicensed white collar boxing events to comply with Boxing Scotland’s minimum criteria for such events.
Answer
The Scottish Government places great importance on the safety, wellbeing and welfare of everyone taking part in sport.
We have met with Boxing Scotland to discuss their proposals around minimum criteria for white collar boxing events.
It is the responsibility of individual boxing event organisers, and any other contact sports, to ensure that they have the appropriate procedures in places to protect the wellbeing of those taking part in their events.
We strongly urge all boxing event organisers to work with Boxing Scotland to ensure that robust measures and protocols are in place to reduce the risk of serious injury and protect the safety of those who take part.