Single Use Cups: letter to Regulatory Review Group

To: Professor Russel Griggs

From: Cabinet Secretary for Net Zero and Energy Rùnaire a’ Chaibineit airson Cothromachadh Carboin is Cumhachd Gillian Martin MSP/BPA

Thank you for your letter dated 9 October regarding the proposed implementation of a minimum charge on single-use disposable beverage cups. I am grateful to the Regulatory Review Group (RRG) for taking the time to meet with officials and for the advice provided on implementing the charge.

I agree that sufficient time must be given to businesses and consumers to prepare for the implementation, and my officials will continue to engage with stakeholders such as the RRG to determine an appropriate coming into force date for the charge. I welcome your support for this approach.

The success of the single use carrier bag charge in reducing consumption of single-use items is something the Scottish Government is proud of, and while I acknowledge that the policies are not identical, the carrier bags charge is a good template for other policies. I agree that there are useful lessons we can draw from the implementation of that policy, and this will be considered during the development of the cups charge regulations.

Clarity on the scope of the charge and how to apply it will be very important. My officials will work to ensure this clarity is provided to businesses and consumers ahead of the charge coming into force. They will also work with stakeholders to develop clear, comprehensive guidance on how to apply the charge.

I recognise that there are elements of the proposals put forward so far that require additional clarity, as you note in your letter. As part of the ongoing policy design and consultation, issues such as what constitutes a reusable cup and what reasonable administrative expenses are and will be resolved ahead of the final regulations being produced. The proposals in the consultation are initial proposals only, and any final regulations will be informed by views expressed by respondents and other stakeholders, including business impacted by the policy. We will also ensure that comprehensive guidance is provided on these and other subjects.

On enforcement considerations, engagement with local authority officials is already underway on a variety of issues related to the policy, including enforcement of the charge. The consultation sets out plans for fixed penalty notices to be issued to offenders, following engagement on this topic with enforcement officers and you will be aware that this topic is also included in the consultation.

I note your recommendation on engaging with reserved regulations and learning lessons from the development of the Deposit Return Scheme, specifically on price marking and consumer protection. Discussions have already begun with the Competition and Markets Authority and UK Government and my officials will take action on these points.

I agree that both consumer and business understanding of the charge will be key to its success as a behaviour change measure. We want consumers to choose to use a reusable cup rather than a single- use one and therefore reduce the consumption of single-use beverage cups in Scotland. We will work with a range of stakeholders, including Consumer Scotland, to ensure there is effective guidance for those affected by the proposed charge.

Thank you again for the advice provided by the RRG on this matter. I would like to reassure you that my officials will continue to engage with your group on this topic throughout the remainder of the policy development and legislative process and following implementation. My officials and I very much value the input from RRG on this matter. In addition to returning to the RRG to discuss this topic, we will ensure you are kept up to date with any further developments.

Yours sincerely

Gillian Martin