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Single use plastic products

Letter from the Delegated Powers and Law Reform Committee to the Convener, 25 November 2021

Dear Dean

At its meeting yesterday, the Delegated Powers and Law Reform (DPLR) Committee considered the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021 (SSI 2021/410). While the Committee had no comments on the SSI under its technical remit, it agreed to write to you as Convener of the Net Zero, Energy and Transport Committee in relation to your Committee’s scrutiny of the policy implications of the Regulations.

As you will know, the Regulations make it an offence to manufacture and/or supply specified single use plastic products. The accompanying policy note nevertheless highlights that the United Kingdom Internal Market Act 2020 established a market regime for the UK which introduces market access principles for goods in the UK, including the mutual recognition principle for goods. The policy note records that the Regulations will require to be read in light of the application of the 2020 Act.

As a consequence, the Committee understands that the policy intent behind the Regulations might not be achieved. The result is that the ban that the instrument imposes will apply to products that are produced in Scotland, but it will not apply to products that are produced in other parts of the UK where they are not banned.

While the Regulations are subject to the negative procedure, the Committee recognised that, given this potential impact, your committee might wish to take evidence on this instrument to establish the potential impact on producers in Scotland and the extent to which similar bans are being considered in other parts of the United Kingdom by, for example, contacting the Scotland Office and the relevant UK Government department. Further detail of the Committee’s discussion can be found at the DPLR Committee’s Official Report of the meeting on the 23 November 2021.

I hope this is helpful.

Yours sincerely

Stuart McMillan MSP

Convener of the Delegated Powers and Law Reform Committee

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