Meeting of the Parliament 01 March 2023 [Draft]
I am going to finish my speech.
The values for fixed monetary policies associated with the civil sanctions are £300, £600 or £1,000, with the amounts of the penalty linked to the seriousness of the offence. Therefore, opposing this instrument means calling for stricter enforcement approaches for businesses than we are aiming to bring in.
I will give members an example. Regulation 23(3) of the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 says that SEPA may give an information notice requiring a person with data collection or reporting obligations to supply data within a set period of time. Regulation 28(5) makes it an offence for the person not to comply with the written notice unless they have a “reasonable excuse”.
With that enforcement measure instrument in place, SEPA has the option of imposing a fixed monetary penalty of £600. Without it, SEPA’s only option to enforce compliance would be to submit a report to the procurator fiscal in anticipation of criminal prosecution. I made that clear to the committee on 7 February, and I welcomed Monica Lennon’s comments, which supported the flexibility and proportionality that is being provided by this approach.
Amending the 2015 enforcement order does not change the obligations that are placed on producers for either the DRS or EPR. It provides a flexible and proportionate option for enforcing those obligations, which will benefit businesses. Opposing the instrument is illogical and would result in businesses that fall foul of the regulations facing criminal sanctions. I cannot believe that that is the outcome that members seriously want, and I encourage them to support the motion.