Deposit Return Scheme impact of delays: EIR release

Information requested

1. “All information about whether ministers considered the impact advance payments would have on registered drinks producers before announcing the deposit return scheme delay. Could you supply all documentation showing discussions about this?”
2. “On April 26, Patrick Harvie told Good Morning Scotland that Lorna Slater "recommended" the deposit return be delayed: "Well, that was obviously a recommendation that my colleague Lorna Slater, worked up and discussed with the First Minister. 
   Could you supply the evidence to back this statement up?”
3. “All correspondence between Lorna Slater and Humza Yousaf (and their offices) regarding the delaying of the DRS.”

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.

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 this relates to commercial arrangements between Circularity Scotland and private companies regarding the Deposit Return Scheme (DRS). Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

It may help if I explain that Circularity Scotland is a private not for profit company and that decisions, and associated impacts, regarding advance payments is a matter for them and it would not be appropriate for the Scottish Government to comment on commercial matters between private companies.

Question 2

I have included extracts of the information you have requested in Annex B.

On reviewing materials within the scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

Question 3

I have included copies of the information you have requested in Annex C.

On reviewing materials within the scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.

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.

202300356659_Annex_A

File type

1 page PDF

File size

85.8 kB

202300356659_Annex_B

File type

2 page PDF

File size

93.2 kB

202300356659_Annex_C

File type

1 page PDF

File size

86.7 kB