Deposit Return Scheme - Circularity Scotland correspondence with Lorna Slater: EIR release

Information requested

• Has the Scottish Government done any research on the possibility of Scots heading across the border to England to purchase bottles and containers due to cheaper prices when the deposit return scheme comes in? If so, could you supply the research? If you haven't, why not?
• Was Lorna Slater consulted on a change in handling fees by Circularity Scotland, and if so when, and if not why not?
• All correspondence (including emails, WhatsApp’s, texts, calls) between Lorna Slater, her private office, her advisers and Circularity Scotland surrounding the deposit return scheme between February and the date of this FOI.

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.

Response to your request

Question 1:
The Scottish Government has published Business Regulatory Impact Assessments and Business Case documents which provide information and analysis on cross-border impacts and purchasing habits. I have provided links to these below for your convenience:

• Deposit Return Scheme: Final Business Regulatory Impact Assessment
• Deposit Return Scheme: Full Business Case Stage 1
• Deposit Return Scheme: Full Business Case Addendum

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 because the Minister for Green Skills, Circular Economy and Biodiversity was not consulted on the changes to handling fees. Therefore, this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

I have provided further information on this below:
Circularity Scotland has been appointed by the Scottish Government as a scheme administrator who will be responsible for operational matters relating the to Deposit Return Scheme. As such, the matter of handling fees is one that is a commercial matter for Circularity Scotland and retailers.

The Scottish Government and the Minister for Green Skills, Circular Economy or Biodiversity was not, and should not, be consulted on such commercial arrangements. Further information on handling fees can be located on the Circularity Scotland website.

You may also wish to contact Circularity Scotland regarding your query. I have included contact information below:

Contact Us | Circularity Scotland Ltd

Question 3:
While our aim is to provide information whenever possible, in this instance the information you have requested has been withheld under regulations 10(4)(e) (internal communication). 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 some public interest in releasing the information as part of an open, transparent and accountable government. However, there is a greater public interest in allowing a space for officials and the scheme administrators to discuss information to ensure accurate information is released in the public domain for retails, producers and consumers.

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.