Analysis on cost to businesses of the deposit return scheme: EIR release

Information requested

1. Could you supply any analysis the Scottish Government did on the cost to businesses of the deposit return scheme? If not, why not?
2. Has the Scottish Government taken any legal advice on potential compensation claims by businesses?
3. Minutes from the meeting held by Lorna Slater with businesses on Wednesday June 7 about the DRS and a full list of attendees?
4. Humza Yousaf wrote on Twitter that "Earlier today I met with over 80 producers, retailers & hospitality representatives, with the overwhelming view being expressed that due to UK Govt interference, a Scottish scheme going ahead without glass would put some businesses at an unacceptable competitive disadvantage." Can you justify this tweet by naming the businesses who said that about the scheme?
5. A list of all the times British Glass asked for a meeting with Lorna Slater or the Scottish Government and whether these were accepted or rejected.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Question 1

Under Regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The Deposit Return Scheme is a major undertaking for businesses, bringing very significant environmental and economic benefits. Accordingly, we have regularly consulted with a wide range of businesses, trade associations, the scheme administrator, and other organisations as part of the decision making process.

The Scottish Government published a Business Regulatory Impact Assessment for the Deposit Return Scheme. This can be found on the Scottish Government website here. Additional publications relating to the Deposit Return Scheme that you may also find helpful can be found here.

Question 2

The Scottish Government considered a range of factors and impacts relating to recent amendments to the Deposit Return Scheme, including any potential legal matters that may arise as a result of these.

In regards to your request for information on whether the Scottish Government has taken legal advice in relation to potential compensation claims from businesses, an exception under regulation 10(4)(e) of the EIRs (Internal communications) applies to the information you have requested. This exception applies because it is internal legal advice and disclosure would breach legal professional privilege.

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Question 3 & 4

Under Regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The Scottish Government has published information relating to the meeting with industry convened by the First Minister and Minister for Green Skills, Circular Economy and Biodiversity on 7 June 2023. This information can be found on the Scottish Government website here.

Question 5

British Glass made a request on 19 December 2022 for a meeting with Lorna Slater to discuss Scotland’s Deposit Return Scheme (DRS):

The Minister for Green Skills, Circular Economy and Biodiversity Lorna Slater was unable to accept the request of British Glass. However, the concerns that British Glass has raised in their invitation was addressed in her response to the letter dated 21 December 2022.

British Glass made a request on 20 December 2021 for a meeting with Lorna Slater to discuss Scotland’s Deposit Return Scheme (DRS):

Due to diary pressures the Minister was unable to meet British Glass at that time. The Minister noted that the relative merits of including glass in DRS versus extended producer responsibility were addressed in great depth in advance of laying the DRS Regulations in May 2020 and that the economic and environmental case for including glass in DRS is clear.

British Glass made a request on 28 May 2021 for a meeting with Michael Matheson, Cabinet Secretary for Net Zero, Energy and Transport, to discuss Scotland’s Deposit Return Scheme:

The Cabinet Secretary for Net Zero, Energy and Transport was unable to accept the request of British Glass due to diary pressures. However, Mr Matheson has noted that British Glass has previously been in contact with officials on the Deposit Return Scheme and he would like to encourage British Glass to remain engaged with them as the scheme is implemented.

However to make clear, officials have met with many stakeholders to discuss the Deposit Return Scheme, including British Glass.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.