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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S6W-15994

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 27 March 2023
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.

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.

Question reference: S6W-15390

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Tuesday, 28 February 2023
Current Status: Answered by Lorna Slater on 21 March 2023

To ask the Scottish Government whether it has carried out, or plans to carry out, a full Gateway Review for the Deposit Return Scheme in February 2023, or close to that date, as recommended in the Gateway Review: Assurance of Action Plan report, which was published in December 2022, and, if so, whether it will commit to publishing the full Gateway Review as a matter of critical urgency to enable sufficient scope and time for any recommendations to be scrutinised and implemented.

The Scottish Government plans to carry out a further Gateway Review during week commencing 13 March 2023, in line with the last Assurance of Action Plan report’s recommendations for a review to take place in February 2023, or close to that date. The Scottish Government will consider carefully the recommendations from this review, and will share these and its response with the Net Zero, Energy and Transport Committee in due course.

Question reference: S6W-15419

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Thursday, 02 March 2023
Current Status: Answered by Lorna Slater on 16 March 2023

To ask the Scottish Government, in light of the comments by the Secretary of State for Scotland that, in seeking an exemption from the United Kingdom Internal Market Act 2020, the "bar is very high indeed", what its position is on the potential success of any such application for an exemption, and what it considers the consequences would be for the Deposit Return Scheme in the event that any such exemption was not granted.

Question reference: S6W-15418

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 27 February 2023
Current Status: Answered by Lorna Slater on 13 March 2023

To ask the Scottish Government, in relation to the Deposit Return Scheme, whether it has made an application for an exemption under the United Kingdom Internal Market Act 2020, and, if not, what plans it has to submit any such application.

The Scottish Government has been following the process for excluding the deposit return scheme regulations from the Internal Market Act 2020 and we expect a decision from the UK Government as soon as possible.

I recently met with ministers and senior officials from each UK administration at the inter-ministerial group on Environment, Food and Rural Affairs to again ask for urgent clarity from the UK Government on this matter, and by the end of March at the latest.

Question reference: S6W-15420

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 27 February 2023
Current Status: Answered by Lorna Slater on 13 March 2023

To ask the Scottish Government whether a ministerial direction will be sought by the Accountable Officer in respect of the decision to continue with the plan to commence operations on the Deposit Return Scheme on 16 August 2023.

Question reference: S6W-15421

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 27 February 2023
Current Status: Answered by Lorna Slater on 13 March 2023

To ask the Scottish Government whether the Accountable Officer has raised the possibility of seeking a ministerial direction in respect of the Deposit Return Scheme with the Scottish Ministers.

Question reference: S6W-15416

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Monday, 27 February 2023
Current Status: Answered by Lorna Slater on 13 March 2023

To ask the Scottish Government what information it holds on whether any members of the Executive Team of Circularity Scotland have had any direct experience of running a deposit return scheme.

Question reference: S6W-15417

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Tuesday, 28 February 2023
Current Status: Answered by Lorna Slater on 9 March 2023

To ask the Scottish Government what information it holds on any plans that Circularity Scotland has to publish details of the remuneration of its chair, chief executive officer, and executive board members.

Question reference: S6W-14936

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Wednesday, 08 February 2023
Current Status: Answered by Lorna Slater on 8 March 2023

To ask the Scottish Government, in light of the announcement by the UK Government on 20 January 2023 that its Deposit Return Scheme (DRS) will not include glass, and the reported concerns of SMEs regarding the inclusion of glass in Scotland’s DRS, whether it will review its plans to include glass as part of the DRS.

Question reference: S6W-14935

Asked by: Fergus Ewing, MSP for Inverness and Nairn, Scottish National Party
Date lodged: Wednesday, 08 February 2023
Current Status: Answered by Lorna Slater on 8 March 2023

To ask the Scottish Government, in light of the announcement by the UK Government on 20 January 2023 that its Deposit Return Scheme (DRS) will not include glass, whether it will reappraise the financial assumptions for its DRS regarding any additional costs relating to compliance with two different regimes operating in the UK for (a) producers, including (i) labelling, (ii) production and (iii) distribution costs and (b) wholesalers, including the storage of goods in different stock keeping units, and, following of any such reappraisal, whether it will publish a supplementary Financial Memorandum setting out its analysis of any additional costs.

The financial assumptions contained with the Final Business and Regulatory Impact Assessment (BRIA) published in December 2021 show the projected cost to businesses in terms of compliance with the Scottish Deposit Return Scheme (DRS). The UK Government is responsible for providing details to industry regarding the potential financial impact of its DRS. We will continue to work closely with the UK and devolved governments to maximise interoperability of the schemes when they go live.