Deposit Return Scheme: EIR release

Information requested

1. ‘Was any investigation launched into who leaked the C&C Group Tennents letter about the DRS to the Daily Record and if so, what was the outcome? If not, why not?

2. Is there any review ongoing in the civil service about the deposit return scheme failure?

3. Has the Scottish Government set aside any money for potential payments to companies who could sue about the deposit return scheme or for paying off Circularity Scotland creditors?

4. How much money is the Scottish Government owed in total by Circularity Scotland and breakdown of what this money is for?

5. Could you supply any briefings for ministers about Circularity Scotland between June 1 and the date of this FOI?

6. Did Lorna Slater ever offer to resign over the failure of the scheme? And did she organise meetings with Humza Yousaf, Kate Forbes or Ash Regan during the SNP leadership campaign about the DRS? If so, is there any minutes of these and could you supply them and the dates she met them.

7. All correspondence between Fergus Ewing or his office and the Scottish Government regarding the deposit return scheme between March 1 and the date of this FOI?’

Response

Question 1
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as we did not share the letter or its content with any media outlets or otherwise put this in the public domain.
Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.  

Under regulation 5(1) of the EIRs, a Scottish public authority that holds environmental information must make it available when requested to do so. This duty is not absolute. In some cases, information is excepted from disclosure, under regulations 10 and 11 of the EIRs. However, all of the exceptions in regulation 10 (and parts of regulation 11) are subject to a public interest test. To clarify, even though we do not hold the information, because we are using EIRs Exception 10(4)(a) in response to your request, we are required to apply a public interest test.
Guidance can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document.
Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance, which can be found here.

However, I have included some information below that you may find helpful.

The letter from C&C Group dated 29 May 2023 was sent to the First Minister and copied to the Minister for Green Skills, Circular Economy and Biodiversity alongside Edward Moutain MSP, Fiona Hyslop MSP, Jackie Dunbar MSP, Liam Kerr MSP, Monica Lennon MSP, Ash Regan MSP, Mark Ruskell MSP, Sarah Boyack MSP, Bob Doris MSP and Brian Whittle MSP. The Scottish Government then received a media query from an external source which included a copy of the letter asking for comment of which we provided the following response:

Circular Economy Minister Lorna Slater said:
“We have been in detailed conversations with producers, retailers and the hospitality sector since the UK Government’s 11th hour decision last Friday. This letter shows the recklessness of the UK Government's refusal to allow Scotland to include glass in our deposit return scheme.

Including plastic, metal and glass is best for the environment and maximises the economic benefits, too. Being forced by the UK Government to remove glass from our scheme risks significant knock-on effects for businesses, not least for those like Tennent’s that are largely can-based.”

There is still time for the UK Government to reverse its last-minute decision and enable Scotland to go ahead with the scheme that our parliament voted for – including glass.”

Question 2
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested in relation to ‘any review ongoing in the civil service about the deposit return scheme failure’ because the Deposit Return Scheme is still being developed. However, the launch has been delayed until October 2025 at the earliest, when the UK Government says it will aim to launch its own scheme.

Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.
This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.

Under regulation 5(1) of the EIRs, a Scottish public authority that holds environmental information must make it available when requested to do so. This duty is not absolute. In some cases, information is excepted from disclosure, under regulations 10 and 11 of the EIRs. However, all of the exceptions in regulation 10 (and parts of regulation 11) are subject to a public interest test. To clarify, even though we do not hold the information, because we are using EIRs Exception 10(4)(a) in response to your request, we are required to apply a public interest test.

Guidance can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document.
Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance, which can be found here.

Question 3
The overwhelming feedback from businesses in June was that they could not prepare for a March 2024 launch following the UK Government’s Internal Market Act decision.
A considerable majority of businesses therefore supported the only remaining option given Westminster’s intervention, which was to re-set the date to match that of the UK’s stated target of October 2025 at the earliest.
We do not consider that the action we have been required to take gives rise to any obligation to pay compensation.

Question 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 listed, then please contact me again and I will send you a paper copy.
Interpath Advisory have been appointed as Administrators of Circularity Scotland and information relating to the administration process, including monies owed, can be found on their website - Interpath Advisory - INTERPATH Public Case Information (ia-insolv.com)

Question 5
I have enclosed a copy of the information you requested below in Annex B.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

Question 6
You asked if ‘Lorna Slater ever offer to resign over the failure of the scheme?’. While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested.
In relation to your question, ‘did she organise meetings with Humza Yousaf, Kate Forbes or Ash Regan during the SNP leadership campaign about the DRS? If so, is there any minutes of these and could you supply them and the dates she met them.’
Again, while our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested as the Minister did not organise any meetings with Humza Yousaf, Kate Forbes or Ash Regan during the leadership campaign
Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold the information you have requested.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test.
Under regulation 5(1) of the EIRs, a Scottish public authority that holds environmental information must make it available when requested to do so. This duty is not absolute. In some cases, information is excepted from disclosure, under regulations 10 and 11 of the EIRs. However, all of the exceptions in regulation 10 (and parts of regulation 11) are subject to a public interest test.

To clarify, even though we do not hold the information, because we are using EIRs Exception 10(4)(a) in response to your request, we are required to apply a public interest test.
Guidance can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document.
Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance, which can be found here.

Question 7
I have enclosed a copy of the information you requested below in Annex C.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

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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.

FoI 202300372147 - Information released

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