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We need to develop the targets together with local authorities, which we have committed to doing.

Our islands impact assessment in relation to the bill highlights that there are significant opportunities for islands. In Kirkwall in Orkney, there is an excellent facility for reusing furniture, which is doing work in that circular economy space. There are opportunities in Orkney to move things up that waste hierarchy.

We commit to setting those targets in line with local authorities and taking the geographic impacts and so on into consideration. The national target is to meet those 60 per cent recycling rates, but Orkney will, of course, contribute only a very small amount to that overall. There needs to be some common sense when applying those targets.

That will need to be developed through the code of practice. I do not intend to impose an approach on councils; I intend to co-develop it with them. However, you are right. There are some really good international examples in that area. For example, the Scandinavian countries—not just within the countries, but across multiple countries—have standardised bin colours and labels so that, whether someone is at a train station, at home or at their place of work, the same colours are used for the same materials. We could aim for that if local authorities are interested in doing so.

Absolutely. We need to work with local authorities to set out what we want local authorities to deliver and what they are prepared to deliver, and then, of course, we need to set out how that investment will take place.

Do you want to come in, Janet?

I want to make clear that Douglas Lumsden is discussing two different provisions.

I will first cover section 11 on household waste requirements. It is already a criminal offence to not respond to a notice to desist from contaminating recycling. No new offence is being created there. The overall aim of the creation of a fixed-penalty notice for the offence is to give local authorities a more proportionate and civil offence route to go down, as opposed to the criminal sanctions, which are the only option right now. Local authorities already have an obligation to enforce that, but, obviously, criminal proceedings for contaminating recycling would be appropriate only in some pretty extreme circumstances. Having a fixed-penalty notice regime gives local authorities a much more proportionate response. Contamination of recyclate is a big problem for local authorities and is very costly for them, which means that having effective powers for dealing with that offence is helpful to them.

On the other matter, it is useful that we have Mr Fraser with us today, because the provision is similar to what he proposes in his member’s bill. The provision is about creating a new criminal offence relating to the householder’s duty of care. Householders already have a duty to ensure that their waste is dealt with properly and that it does not become part of a waste crime. Currently, however, although the person who tips the waste can be accused of a criminal offence, there is no offence associated with that for the householder.

The provision will put in place for Scotland a provision equivalent to that which already exists in England and Wales. It states that a householder can be charged with a fixed-penalty notice if the local authority

“has reason to believe that”

the householder has breached the duty of care and has not taken “reasonable steps” to ensure that the waste handler to whom they have given their waste is licensed.

Yes, convener. I have committed to revisiting the numbers in the financial memorandum that the FPAC highlighted to me.

Absolutely—you are exactly right. Measuring circularity in Scotland, never mind measuring circularity in different places around the world, is difficult. Monica Lennon is right that we should consider that. Exporting of our carbon footprint and our waste is not the goal. Our goal is to reduce consumption of materials overall, so that we reduce our impact here and globally. You are right that getting the detail on that is challenging, just as it is in developing specific targets, because this is all new and cutting edge.

No. We are looking at using the super-affirmative procedure for charging for single-use items.

I do not share the concern that companies will build different infrastructure just because we made them send their unused goods to charity—[Interruption.]—instead of to the incinerator—[Interruption.] That seems a bit extreme.

—such as hygiene products and clothing, get into the hands of the people who need them.

I am not concerned about that. Section 50 of the policy memorandum shows that an existing duty of care in legislation already

“requires that waste producers must take all reasonable measures to apply the waste hierarchy when disposing of goods and must also ensure that the waste is managed”.

Businesses already have a duty to do that, but we must ensure, as in all things, that we are making progress and moving forward. Banning the disposal of unsold consumer goods is the next step in that direction, but it is something that many companies are already doing.