Committee
Net Zero, Energy and Transport Committee 27 May 2025
27 May 2025 · S6 · Net Zero, Energy and Transport Committee
Item of business
Subordinate Legislation
Deposit and Return Scheme for Scotland (Designation of Scheme Administrator) Order 2025 [Draft]
Yes. That is one of the changes that have been made. In terms of the associated fees or a review of whether there should be an exemption, there would be grounds to appeal, but, once these regulations go through in Scotland—obviously, it will be the same for England and Northern Ireland, too—it will be for the scheme administrator to lay out exactly the processes in this respect. You are right to highlight this, as it represents a fundamental change from our previous regulations, in which Scottish ministers would have determined whether to grant an exemption. That responsibility has now been conferred to the scheme administrator.
In the same item of business
The Deputy Convener
SNP
Item 3 is consideration of two draft statutory instruments. The Delegated Powers and Law Reform Committee raised points in relation to both instruments. In r...
Gillian Martin
SNP
Thank you, convener, for the opportunity to discuss these two instruments, both of which were laid in Parliament on 2 May. The Government has been committed ...
The Deputy Convener
SNP
Thank you, cabinet secretary. We move to questions, and I will start us off. What substantive changes have been made to the Deposit and Return Scheme for Sco...
Gillian Martin
SNP
I am happy to answer that, convener. I will take you through the substantive changes to the current regulations for Scotland. The first thing, crucially, is ...
The Deputy Convener
SNP
Those are quite significant changes. What impact will they have on the outcomes that will be achieved compared with what was proposed under the Scottish DRS,...
Gillian Martin
SNP
The most substantive change is the removal of glass. We want recycling rates for glass to accelerate and improve. The Scottish Government, as has been well d...
The Deputy Convener
SNP
The changes have quite a substantial impact on the overall benefit of the original deposit return scheme, given the exclusion of glass from the new scheme.
Sarah Boyack
Lab
Why have we not had a consultation on these changes? How is the Scottish Government engaging and ensuring that the feedback from key sectors and stakeholders...
Gillian Martin
SNP
I will hand over to one of my officials, Haydn Thomas, in a minute, as he has been in the weeds of all this. Obviously, we have been having a great deal of d...
Haydn Thomas (Scottish Government)
I am happy to take that one. First of all, we can look at the consultation issue in a few ways. We consulted on the principle and design of Scotland’s DRS i...
Gillian Martin
SNP
It might also be helpful to outline what is required of the scheme administrator with regard to consulting and working with affected stakeholders. The draft ...
Sarah Boyack
Lab
I welcome those answers, because the issue of small producers and retailers is huge and one that I certainly raised in the first instance. You did not clari...
Gillian Martin
SNP
We have been engaging with the Convention of Scottish Local Authorities on this, and indeed did so ahead of signing up to the principles in, I think, April l...
Sarah Boyack
Lab
Thanks. I will come back later to ask about some of the changes that have been made.
The Deputy Convener
SNP
I call Douglas Lumsden.
Douglas Lumsden
Con
Cabinet secretary, I want to look at the regulations for return points, the proposals for which are a bit different from what was proposed before. The regula...
Gillian Martin
SNP
The scheme administrator would decide that.
Douglas Lumsden
Con
Would there be any appeal against that?
Gillian Martin
SNP
Yes. That is one of the changes that have been made. In terms of the associated fees or a review of whether there should be an exemption, there would be grou...
Douglas Lumsden
Con
But there would still be an appeal process—it just needs to be ironed out. Is that right?
Gillian Martin
SNP
Yes. I think that it is one of the ways in which these regulations strengthen things: vendors can ask for a review of decisions that the scheme administrator...
Ailsa Heine (Scottish Government)
I just wanted to clarify that there is a right of review to the scheme administrator for these decisions. It is set out in the designation order.
Douglas Lumsden
Con
But the matter will still go to the scheme administrator.
Ailsa Heine
Yes.
Douglas Lumsden
Con
Okay. Cabinet secretary, how do the regulations ensure that there is a good distribution of return points, especially in rural areas and on the islands?
Gillian Martin
SNP
That is a good point, and it is something that the scheme administrator will take into account. You have rightly pointed to rural areas, where there might be...
Douglas Lumsden
Con
So, will people get money back or, as you just mentioned, a voucher?
Gillian Martin
SNP
The scheme administrator will bottom all that out. That is for it to decide.
Douglas Lumsden
Con
We do not know that yet.
Gillian Martin
SNP
No, it will be for the scheme administrator to decide.