FPAC Convener Kenneth Gibson MSP said:“Scrutiny of this Bill reinforces our concern that affordability does not appear to be a key factor in Scottish Government decision-making.
“The Minister, Lorna Slater MSP, has committed to consult on the cost of secondary legislation, but that should not replace an assessment of affordability at the point of a Bill’s introduction.
“Our committee is not convinced that this Bill’s financial memorandum meets the requirements set out in Parliament’s Standing Orders to provide: “best estimates of the costs, savings, and changes to revenues to which the provisions of the Bill would give rise”.
Mr Gibson continued: “We’ve seen an increasing use of ‘framework’ bills that provide government with future enabling powers. These do not, however, provide best estimates of all likely costs, and undermine parliamentary scrutiny.
“It also risks the Parliament passing legislation which may in the end – once outcomes are fully understood – lead to significant cost increases.
“The increased use of framework bills with no clear implementation costs, poses a long-term risk to the Scottish Budget, both now and for successive governments.
“The FPAC is disappointed that Scottish Ministers have still to meet our previous recommendations or expectations around the level of financial data, clarity and transparency required.
“In the end, it will be for Parliament to decide when voting on the general principles of this framework bill, whether the outcomes it seeks to deliver outweigh any financial or affordability considerations.”
On income from fly-tipping and litter fines, the report said:
The assumption in this financial memorandum (FM) of a 100% payment rate for fixed penalty notices is entirely unrealistic. Therefore, given that the level of income from fines assumed in the FM is not attainable, it should not be used to ‘off set’ some of the costs of enforcement, such as in relation to fly tipping. We consider this approach to identifying potential savings to be unsatisfactory.
Updates every six months:
We request that the updates, committed to by the Minister in her letter of 20 November be provided to the Committee every six months. These updates should include updated information on the expenditure incurred to date, any changes in forecast costs and any savings arising from the Bill and the subsequent Act (subject to the Bill being passed) and relevant secondary legislation, until all provisions are operational.
On a visit to Kinwegar Recycling Centre on 19th October to coincide with Recycle Week 2023 Scottish Labour MSP Sarah Boyack has said that the Scottish Government’s proposed Circular Economy Bill must support councils, not ask them to do more with less.
Following discussions earlier in the year with councillors across Scotland Ms Boyack was concerned at the lack and uncertainty of support the Scottish Government is providing councils in planning for and implementing changes to household waste recycling currently indicated in the Bill.
Commenting, Ms Boyack said: “Our visit to Kinwegar Recycling Centre showed first hand the brilliant work many local councils are doing in helping increase recycling and reuse.
“However, it is clear that SNP/Green Scottish Government’s failure to fund our local services properly will jeopardise our goal of reducing waste.
“First we had Lorna Slater’s disastrous handling of the Deposit Return Scheme followed by a UK Tory Government’s abdication of climate responsibility, now councillors are again worried about being asked to do more with less.
“Scottish Labour will take a proactive approach to the Bill to ensure it truly boosts recycling and reuse and delivers a circular economy in our communities.”
Labour councillor for local Preston Seton Gosford ward, Brooke Ritchie said, “East Lothian Council was rightly named in the top ten for waste recycling rates in Scotland, but without additional funding the SNP/Green Scottish Government are putting that at risk.
“It’s time the SNP/Green Scottish Government matched the funding with the rhetoric and funded councils properly.”
New powers will reduce waste and grow green economy
New legislation will create the tools to tackle waste and increase reuse and recycling rates.
The Circular Economy Bill will give Ministers powers to:
Set local recycling targets, building on the experience of Wales, which has the best recycling rate in the UK
Set statutory targets for delivery of a circular economy to measure progress in reducing waste and the nation’s carbon footprint
Ban the disposal of unsold consumer goods, to prevent good products ending up in landfill
Place charges on single-use items like coffee cups to encourage the move to reusable alternatives
Local authorities will be given additional enforcement powers, allowing them to crack down on flytipping and littering from cars.
The Scottish Government will also work with local authorities to co-design an updated national Code of Practice for household waste recycling, to improve consistency of services and increase the quality and quantity of recycling collected.
Circular Economy Minister Lorna Slater said: “I want everyone in the country to experience a modern, easy to use waste service that makes it easy for people to do the right thing for the planet.
“The Circular Economy Bill with give local Councils and the Scottish Government the powers they need to transform our economy and tackle throwaway culture.
“Of course, the best way of tackling waste is to not create it in the first place. There are huge economic opportunities in the circular economy and we have already seen businesses in Scotland creating jobs by turning what we might otherwise throw away into valuable new products and services.
“This legislation will support the growth of more green businesses and community organisations while cutting waste and climate emissions.”
Campaigners say that the new circular economy bill, which has been introduced to the Scottish Parliament yesterday could significantly reduce Scotland’s global climate impact by changing the way we use materials, but must be strengthened to do so.
A circular economy is when materials are reused and recycled as much as possible before new resources are taken from nature, as opposed to our current linear ‘take, make, dispose’ model. It is a vital step in creating the transformation needed to reduce Scotland’s impact on the climate.
Scotland consumed 72 million tonnes of material in 2018, which is 19 tonnes of material per person on average. Experts have stated that it is possible to live sustainable, high-quality lives on a material footprint of eight tonnes of materials per person per year.
84% of Scotland’s carbon footprint comes from the products and services we buy. If the law is passed, ministers will be able to introduce targets to reduce our overall consumption, and the impact of the goods we do need to use.
The environmental and social damage caused overseas by demand for goods in Scotland is not addressed in Scotland’s existing climate targets, which focus on reducing domestic emissions.
This means that around half of Scotland’s emissions, and wider environmental impacts of our consumption, are effectively “offshored” to other countries. This would change if consumption targets were brought in under the new circular economy law.
This measure has significant public support, with 86% of respondents to the Scottish Government’s consultation on the circular economy bill calling for the introduction of consumption targets.
The circular economy law will also: – Establish a circular economy strategy – Ban the disposal of unsold consumer goods – Bring in new fines for households failing to recycle – Place charges on single-use items
Kim Pratt, circular economy campaigner at Friends of the Earth Scotland, said: “This new law has the potential to make a big difference to Scotland’s impact on the planet.
“The climate crisis is a global problem, so we need to take responsibility for the impact which happens outside of our borders due to our consumption of materials. It’s encouraging that the draft bill allows for consumption reduction targets to be set, and we urge the Scottish Parliament to go further and ensure that strong targets are brought in on the face of the bill.
“Moving to a circular economy is about much more than just improving our recycling. Strong consumption targets would mean policies to encourage producers to make products last for longer, ensure they are easy to repair, choose lower carbon materials, and to shift consumption patterns away from carbon intensive goods and services goods and services. With the right policies, circular economy measures will also create thousands of decent green jobs in Scotland.
“The Scottish Parliament must be bold and decisive to create the change the threat of climate breakdown demands. We need to see MSPs from all parties working together to ensure the Circular Economy Bill is a strong as possible.
“We can reduce our climate emissions and tackle the global ecological crisis by extracting fewer resources; shifting to a circular economy by properly valuing materials, and reusing and recycling is central to this.”
On the introduction of a new fixed penalty regime for households, Ms Pratt continued: “Measures to make products more sustainable and improved recycling systems available to everyone in Scotland must be prioritised over penalties for households.
“Responsibility lies first with producers to reduce the impact of the products on our shelves and make it possible for people to do the right thing.”
New measures will help cut waste and preserve precious resources
Proposals to help tackle the climate and biodiversity crisis by supporting Scotland’s transition to a zero waste and circular economy have been launched.
The measures, designed to significantly increase reuse and recycling rates, and modernise and improve waste and recycling services, are set out in two consultations – on a Circular Economy Bill and a Waste Route Map.
Key proposals include:
banning the destruction of unsold goods to ensure that products never end up landfilled or incinerated when they could be used or recycled
improving household recycling and reuse services and consulting on separate kerbside collection of textiles by 2025
introducing new reporting to show where recycling goes once it has been collected
measures to reduce the consumption of problematic single-use items and promote reuse of products
new powers to tackle littering from vehicles
a mandatory requirement for businesses to report surplus and waste figures for goods such as food and textiles
powers to set local recycling targets, reflecting the success of Wales, which has the one of the highest household recycling rates in the world
Scotland’s circular economy targets, outlined in the Scottish Government’s Climate Change Plan, include ending the landfilling of biodegradable municipal waste by 2025, reducing the percentage of all waste sent to landfill to 5% by 2025, and recycling 70% of all waste by 2025.
Circular Economy Minister Lorna Slater launched the consultations on a visit to the Edinburgh Furniture, which is run by the homelessness charity Foursquare.
The charity uses donated furniture to furnish its homeless accommodation and to raise money for its other services.
Lorna Slater said: “To tackle the climate and biodiversity crisis, we need to rapidly reduce our demand for raw material, increase reuse and repair, and recycle more.
“We must make a circular option the easy option for Scottish households, businesses and the public sector. I want everyone in the country to experience a modern, easy to use waste service that makes it easy for people to do the right thing for the planet.
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“We are already taking action, including delivering Scotland’s Deposit Return Scheme and our £70 million Recycling Improvement Fund, but we know we need to move faster if we are to meet our climate obligations.
“It requires us to be bold, brave, and focused on delivering the actions needed – and this must be a collective effort.
“These consultations set out the key proposed actions and the tools we will put in place to help everyone play their part in cutting waste in our economy, capitalising on the economic opportunities that a circular economy presents to businesses.
“The Circular Economy Bill will give us the powers to cut waste in our economy, while preserving precious resources and protecting our natural environment.”
Chief Executive of Zero Waste Scotland Iain Gulland said: “Today marks a tremendous step in Scotland’s transition towards a circular economy. “For years, Zero Waste Scotland has championed and helped usher in a more circular economy to reduce over-consumption.
“By supporting Scottish citizens, communities and businesses, through funding and tailored advice we are working hard to implement more sustainable ways of living.
“The Circular Economy Bill includes measures and approaches that will further cement and support the strides we’re making and crucially, it is a step in the right direction to end our contribution to the climate crisis.
“I encourage everyone in Scotland to take part in these vital consultations.”
Environmental campaigners have welcomed the move and are calling for strong targets to reduce the global extraction of resources supplying the Scottish economy, and measures to change the way materials are used in Scotland.
A circular economy is when materials are reused and recycled as much as possible before new resources are taken from nature, as opposed to our current linear ‘take, make, dispose’ model.
Kim Pratt, circular economy campaigner at Friends of the Earth Scotland, said: “Over-consumption by the wealthy few is pushing our whole planet to breaking point.
“Our current economic system, built on the idea of unlimited growth, is driving climate breakdown and leading to global material supply disruptions – it can’t go on. We need to reduce our reliance on new materials by changing our economic consumption patterns.
“The Scottish Government has made some really encouraging suggestions in the Circular Economy Bill. We need circularity to be embedded throughout government and Scotland’s economic sectors for it to be as effective as possible. The commitment to regular reviews and the creation of a circular economy public body are welcome.
“This new organisation needs to be independent of government and adequately funded. Creating a circular economy will require a step change in the scale and rate of change, based on strong leadership and collaboration. Now is the time to be bold.
“Targets to reduce both Scotland’s carbon footprint and material footprints need to be at the heart of the Circular Economy Bill to create real change, so it’s great to see that these have been prioritised in the bill. We must reduce Scotland’s carbon footprint to zero by 2050 to ensure Scotland contributes its fair share to global climate mitigation. Scotland’s material footprint must more than halve by 2050.”
Scotland’s material footprint was 18 tonnes per person in 2017, which is higher than the EU average (14 tonnes per person). Experts suggest that we can live sustainable, high quality lives with eight tonnes per person, by moving to a circular economy where materials are reused and recycled as much as possible.
82% of Scotland’s carbon footprint comes from the products and services we buy. Over half these emissions are due to imported goods but these are not included in Scotland’s climate targets. This means the environmental and social damage caused overseas by demand for goods in Scotland is virtually invisible at the moment, which is stopping it from being tackled.
The Scottish Government launched a review on waste targets at the same time as the consultation on the circular economy bill. The waste targets consultation is a key part of rapid system change required in Scotland.
Figures released by the Scottish Government yesterday (15 March) show that Scotland’s carbon footprint has increased for the first time in six years.
The greatest increase came from the greenhouse gas emissions from imported goods. Emissions from imports are now greater than the rest of Scotland’s emissions combined.
Scotland’s carbon footprint measures the greenhouse gas emissions from all the goods and services consumed by Scotland in a year. However, Scotland’s Net Zero targets only include greenhouse gases emitted in Scotland. Emissions from imports are excluded from national climate targets and this means they can rise unabated.
The Circular Economy Bill, which is due to be consulted on in May, is a chance for Scotland to reverse this trend and start taking responsibility for its environmental impacts overseas.
In a circular economy, materials consumption is reduced by reusing products rather than burning or burying them after a single use. This means producers need to think about how the product can be reused from the initial stages of design, and choose materials accordingly.
Kim Pratt, circular economy campaigner at Friends of the Earth Scotland said: “The rise in Scotland’s carbon footprint is alarming. By only looking at the emissions produced at home, we are ignoring the greatest part of our carbon footprint and failing to play our full role in tackling the climate crisis.
“The climate emergency doesn’t recognise any borders, and by outsourcing the emissions from imports to other countries, the Scottish Government is shirking its responsibility.
“The Scottish Government can reverse the rise in emissions by putting strong consumption targets at the heart of its newly announced Circular Economy Bill – this is the only way to ensure that Scotland reduces its global environmental impact.”
Scotland’s carbon footprint was 70.4Mt CO2e in 2018, a 2.6% rise on the previous year.
Campaigners call for targets on consumption as the Scottish Government announces it will launch a consultation into a new Circular Economy Bill in May.
The Scottish Government has said that one of the measures included in the Circular Economy Bill is a ban on the destruction of unsold goods.
Kim Pratt, circular economy campaigner at Friends of the Earth Scotland said “The Circular Economy Bill is Scotland’s chance to reduce the over-consumption of materials which is killing our planet.
“The Scottish Government can send a clear signal to all sectors in Scotland, and across the world, that we are serious about the system-level change required to create a circular economy. To do this, we need strong targets which measure, for the first time, the global impact of Scotland’s material consumption.
“We consumed 18 tonnes of materials per person per year in Scotland in 2017. Creating a circular economy, with sustainable levels of material use and which also meets high quality living standards for everyone could reduce this to eight tonnes.
“The Circular Economy Bill should include targets to reduce consumption and the means to create an independent advisory body, similar to the Climate Change Committee, to advise the Scottish Government on progress.
“The recent ban on single use plastic items should be extended to cover all single use items. A Circular Economy Business Standard should be introduced and the public sector should be required to use this new standard in all its procurement, encouraging new sustainable business models to flourish.
“Government should estimate the critical material use of policies, in addition to current requirements to measure carbon impact.”
82% of Scotland’s carbon footprint relates to material consumption. From buildings and transport to food and clothing, we use materials in a linear way: extracting raw materials, making them into products, using them (sometimes only once) and throwing them away to be burnt or buried.
Cutting our material consumption to sustainable levels will support Scotland to reach its climate goals.
The Netherlands has set a target to move to a full circular economy by 2050, with an interim objective of a 50% reduction in the primary raw materials (minerals, fossil fuels and metals) by 2030. In 2021, the European Parliament voted to create binding, science based targets for material use and consumption footprint.
The destruction of unsold, durable goods could be banned as part of plans to reduce waste, Circular Economy Minister Lorna Slater has announced.
Proposals for a ban will be put forward in a consultation on a new Circular Economy Bill, to be published in May.
It is intended to address public concerns about unsold products being destroyed or ending up in landfill. Retailers may be required to look for other options for unsold products, including donating and recycling them.
The proposals would make sure Scotland keeps pace with Europe as France has recently enacted such a ban and the EU is currently considering similar interventions.
To mark the announcement, the Minister will visit Fresh Start in West Pilton. The charity distributes essential household goods and white goods donated by retailers as part of their work to help people who have been homeless establish themselves in their new home.
Circular Economy Minister Lorna Slater said: “It is absolutely senseless for perfectly good products to end up in landfill. Rather than being wasted in landfill or incinerated, they should be reused or repurposed.
“Organisations like Fresh Start show that there is a real need for items like these, and with the cost of living increasing this need is growing rapidly.
“We are living in a climate emergency. When goods go to landfill without having even been used once, we don’t just waste the product – we also waste all the energy and raw materials that went into making it.
“This proposal is a direct response to the public concerns about what happens to items that go unsold. By pursuing a ban, we can make sure they make it into the hands of those that need them, and help Scotland reduce its carbon footprint.
“This is the sort of action that’s needed to create a circular economy and shows the level of ambition that will be contained in our proposals in May.”
Michael Cook, CEO of Circular Communities Scotland said: “We are delighted a timetable has been set for consulting on the Circular Economy Bill and look forward to working with Scottish Government to deliver as ambitious a bill as possible.
“We have been campaigning for a ban on companies destroying products which could easily be repurposed for some time and, therefore, welcome, and fully support this proposal.
“Circular Communities Scotland represents a range of impressive charities and social enterprises providing a whole variety of creative alternatives for materials considered waste or surplus. This bill validates their significant contribution towards establishing a more circular economy in Scotland.”
£13 million to improve recycling and cut emissions
More than £13 million has been awarded to local authorities to increase the quantity and quality of recycling in Scotland.
Nine more local authorities have successfully bid for support from the Scottish Government’s Recycling Improvement Fund, bringing the total investment to date to £20 million.
The city of Edinburgh will receive £7.7 million for upgrades and expansion to recycling collection services which will see services improved for approximately 130,000 households.
The fund, which will total £70 million over five years, will deliver a step change in Scotland’s recycling performance and help local authorities get ready for future developments, including Scotland’s Deposit Return Scheme.
The investment to date could reduce CO2 emissions by as much 21,400 tonnes each year — the equivalent of taking 11,400 cars off the road.
Circular Economy Minister Lorna Slater said: “This is one of the biggest investments in recycling in Scotland in a generation.
“By providing the support that’s needed to modernise local recycling infrastructure, we can help local authorities significantly improve their recycling performance.
“That won’t just make it easier for households to recycle more – it will also make an important contribution to meeting Scotland’s ambitious climate targets.
“I look forward to seeing these projects deliver for local communities and the environment, and to further innovative ideas from local authorities on how they can utilise this fund to improve recycling in their area.
“We also want to see materials remain in use for as long as possible before they are recycled. To help make that happen, we will also be introducing an ambitious Circular Economy Bill during this parliament.”
Iain Gulland, Chief Executive, Zero Waste Scotland said: “These awards represent a major new development in Scotland’s recycling story, with nine more impactful projects from across Scotland which make the most of our resources, boosting recycling and the circular economy.
“We’ve been impressed by the thinking from councils and look forward to even more transformational projects being brought forward next year.”
Councillor Steven Heddle, COSLA spokesperson for Environment and Economy said: “Local Government in Scotland is fully committed to combatting climate change and supporting the Just Transition to a net zero society.
“A circular economy is an important part of this. The Recycling Improvement Fund projects announced today demonstrate the range of work and level of innovation undertaken by Councils here.
“We are keen to see the full fund supporting a wide range of projects in the next few years that make it easier for our citizens to recycle and reduce waste.”
The city council has welcomed the announcement.
Councillor Lesley Macinnes, Environment Convener, said: “We really welcome this funding and endorsement from Zero Waste Scotland for our new modern communal waste and recycling service.
“It’s a significant contribution to our overall delivery budget which will help us provide this improved service to around 130,000 residents who live in shared properties and therefore don’t have our kerbside service.
“The new convenient hubs make recycling easier and more accessible for residents as we’ve grouped all of the different types of waste bins together.”
Councillor Karen Doran, Environment Vice-Convener, said: “This significant funding shows great support for our new communal bin hubs which provide increased capacity, a more reliable and frequent service as well as reducing overflowing bins and street clutter.
“The funding will also be used for new bin sensors and five new electric vehicles for our fleet helping towards Edinburgh’s net zero ambitions and making improvements to our air quality.”
