Circular Economy (Scotland) Bill

The Committee is keen to hear your views by answering the following questions on the Bill

Circular economy strategy

• Is a statutory requirement needed for a circular economy strategy?
• Is there anything else you would like to say about a circular economy strategy? (Section 1 – 5)
• How should circular economy strategies be aligned with climate change plans and other environmental targets (including biodiversity goals)?

Circular economy targets

• Are statutory circular economy targets needed?
• Is there anything else you would like to say about powers to introduce circular economy targets? (Sections 6 and 7)

Restrictions on the disposal of unsold consumer goods

• Do you think there is a need for additional regulation restricting the disposal of unsold consumer goods?
• Is there anything else you would like to say about the disposal of unsold consumer goods? (Section 8)

Charges for single-use items

• Should Scottish Ministers have powers to make regulations that require suppliers of goods to apply charges to single-use items?
• Is there anything else you would like to say about charges for the supply of single-use items? (Section 9)
• How do you think Scottish Ministers should use their powers to have the greatest impact in transitioning to a circular economy?

Household waste

• Should it be a criminal offence for a householder to breach their duty of care in relation to waste under the Environmental Protection Act 1990 (e.g. to fail to ensure that waste is disposed of to an authorised person)?
• Is there anything else you would like to say about household waste and enforcement of household waste requirements? (Sections 10 & 11)
• Is further action needed, either within or outwith the Bill, to tackle flytipping effectively? If so, what action is needed?

Household waste recycling – Code of Practice and local targets

• Should the Code of Practice on household waste recycling (currently a voluntary code) be put on a statutory footing?
• Is there anything else you would like to say about a Code of Practice on household waste recycling? (Section 12)
• Should Scottish Ministers have powers to set targets for local authorities relating to household waste recycling?
• Is there anything else you would like to say about targets for local authorities relating to household waste recycling? (Section 13)
• Is further action needed, either within or outwith the Bill, to support local authorities to achieve higher household recycling rates? If so, what action is needed?

Littering from vehicles

• Should civil penalties for littering from vehicles be introduced?
• Is there anything else you would like to say about civil penalties for littering from vehicles? (Section 14)

Enforcement powers in respect of certain environmental offences

• Should enforcement authorities in Scotland be given powers to seize vehicles linked to waste crime?
• Is there anything else you would like to say about enforcement powers? (Sections 15 and 16)

Reporting on waste and surpluses

• Should Scottish Ministers have powers to require persons to publish information on anything they store or dispose of (except in relation to domestic activities)?
• Is there anything else you would like to say on reporting? (Section 17)
• How should Scottish Ministers go about identifying which types of waste and surpluses should be subject to mandatory public reporting?

Net zero

The Scottish Government is committed to reaching an interim target of reducing greenhouse gas emissions by 75% (from a 1990 baseline) by 2030 and of making Scotland a “net-zero nation” in emissions by 2045.

• Do you think the Bill will play a significant role in achieving these net zero targets? Please give your reasons.
• There is a Policy Memorandum accompanying the Bill. This aims to set out the underlying reasons why the Scottish Government thinks the Bill is necessary. Did you find the discussion under “Sustainable Development” in the Policy Memorandum helpful or unhelpful in terms of understanding what impact the Bill would have in terms of reaching these net zero targets?

General/aspects not in the Bill

• Are there any areas not addressed (for example on waste reduction and reuse) by the Bill that you believe should be included? If so, what are they?
• Are there international examples of best practice in legislation supporting the transition to a circular economy?

Resources and Waste Common Framework

The Committee is also seeking your views around how the Bill sits within a wider context of:

1. a mixture of devolved and reserved powers in relation to tackling consumption and areas such as product standards
2. existing UK-wide schemes such as developments with Extended Producer Responsibility
3. how circular economy and waste policy is influenced by the UK Internal Market Act 2020 and relevant Common Frameworks.

Do you have comments on how this wider framework should function to support Scotland's transition to a circular economy, in particular on the provisional Resources and Waste Common Framework?