The Single Use Carrier Bags Charge (Scotland) Amendment Regulations 2021: equality impact assessment

Stage 1: Framing 

2. 1 Results of framing exercise

The Scottish Government’s Environment and Forestry Directorate is leading on the amendment to the SUCB (Scotland) Regulations 2014 and has considered a range of issues in relation to the EQIA. A range of research and data gathering activities have been undertaken:

Gathering of relevant statistics: To inform the EQIA framing exercise, relevant statistics and data sets regarding protected characteristics potentially affected by an increase in SUCB were collected and assessed.

Gathering evidence from existing surveys: Existing surveys and evidence relating to the protected characteristics on the topics of consumption, income and littering were collected and assessed.

Circular Economy Bill consultation: In addition to the desk-based research, a formal six-week consultation on the contents of the CE Bill was undertaken in November 2019.^[18] The consultation paper included two specific questions on the SUCB charge^[19] and one on its potential equalities issues.^[20] Independent analysis of the responses was published, the results of which were used to inform the framing of this policy.

Targeted survey: Following the CE Bill consultation, an additional survey was undertaken in October 2020, targeting 12 key stakeholders associated with equalities in Scotland. The survey asked stakeholders to identify the increased SUCB charge might have a disproportionate impact (positive or negative) on people with protected characteristics, and if there is a negative impact, how could that impact be mitigated. The survey was designed to be proportional to the anticipated impact, based on understanding from the evidence reviewed during the framing and scoping exercise. Only one response was received suggesting this is not viewed as a significant equalities issue by stakeholders. 

This assessment looked at evidence gathered under the following protected characteristics as listed within the Equality Act 2010: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

A partial EQIA was not published when the SUCB (Scotland) Regulations were introduced in October 2014. Since then, however, a significant amount of evidence gathering and consultation has been undertaken, which informed this full EQIA. Where there are gaps in the evidence, we have consulted with key stakeholders to gather further evidence and engage with representative equality groups to fill these gaps.

 2.2 Summary of findings 

The evidence gathered to date indicates that the amendment to the SUCB charge may impact on people with certain protected characteristics, and in certain communities more than others. This section outlines potential positive and negative impacts. 

Potential negative impacts on people with protected characteristics

Analysis has highlighted the following potential negative impact: 

1. Consumers reliant upon small local retailers or take-aways

In the post-implementation review of the SUCB charge in Wales, it was found that one in 10 consumers (10%) who had undertaken a large food shop in store bought a new SUCB, compared with 20% of those who had done a smaller ‘top-up’ shop, 37% who had done a non-food shop and 76% of those who had collected a takeaway.^[21] 

These findings suggest there is a behavioural difference in terms of people’s ability to regularly remember to bring their reusable carrier bag to smaller food and non-food shops and for takeaways. This may be due, in part, to the ad-hoc nature of visiting these venues as opposed to undertaking more regular visits to a large food shop. People with (i) cognitive or learning differences, who perhaps find it more difficult to remember to bring their reusable carrier bags; and (ii) disabled people who are dependent on smaller food shops (those with limited mobility) and takeaways (limited ability to cook their own meals), are potentially more likely to be affected by the charge increase.

2. Younger People

The engagement and participation of younger people is important. The evidence from Wales shows that younger people are more likely to purchase SUCBs and therefore may be disproportionally affected by the charge increase.

Potential positive impacts on people with protected characteristics

1. Probable reduction in litter

The initial 5p SUCB charge led to a significant reduction in littering of SUCBs. If the charge is doubled, the level of littering may reduce further, though it is difficult to predict the extent to which this would happen. 

Interaction with other policies (draft or existing)

Over the next few years, a raft of other policies relating to single-use packaging will be delivered in Scotland and across the UK. These include, but are not limited to, the Scottish Deposit Return Scheme,^[22] alignment with the EU Single Use Plastics Directive (involving the banning and market restriction of several single-use plastic items),^[23] a UK-wide revision of extended producer responsibility rules for packaging,^[24] and a UK-wide plastics tax.^[25] The cumulative impact of all of these policies on those with protected characteristics is not fully understood.