Executive Summary
The consultation
In January 2008, the Cabinet Secretary for Rural Affairs and Environment, Richard Lochhead, outlined the Scottish Government's plans for a Zero Waste Scotland, which included consulting on a range of legislative measures to implement zero waste.
The consultation was conducted between July and October 2008 and included 26 questions on 7 proposals. These were to introduce:
1. Duties on Public Bodies and businesses to provide recycling facilities for customers and staff
2. Targets for retailers in relation to packaging reduction and a requirement on retailers to provide information on the amount of packaging used
3. Duties on public bodies and businesses to specify a minimum percentage of material made from recyclate in procurement contracts
4. Duties on public bodies and businesses to have plans to prevent waste
5. Deposit and return systems for drinks containers and other forms of packaging.
6. A requirement for businesses to send returns to SEPA on the amount of waste they produce.
7. Other measures to encourage waste prevention, including action on single-use carrier bags.
In total, 82 submissions were received from a range of stakeholder groups and geographic locations both within and outwith Scotland. Business Associations and Scottish Local Authorities provided just under half of these submissions; individual responses constituted just under one tenth (7 responses). There were no campaign responses i.e. where a number of identical (or very similar) responses were individually submitted as part of an overall campaign.
Responses were largely analysed qualitatively, using pre-agreed criteria and subjective judgement. A Likert grading was applied to the question of whether legislation should be made in each area to provide an indication of the level of agreement or disagreement with each proposal. The qualitative results of the analyses are presented in this report, by proposal, and with commonalities and contrasting viewpoints discussed in detail. A summary of findings is provided at the end of each section. Overarching themes and trends within stakeholder groups have also been drawn out and presented with the conclusions.
Proposal 1: Duties on public bodies and businesses to provide recycling facilities
Opinion on the need for legislation in this area varied, with some feeling that it is vital while others felt voluntary measures were already producing adequate results.
There were concerns expressed by a number of respondents about financial costs of implementation to Local Authorities and small businesses, effectiveness of enforcement, the potential impact on existing recycling services, siting of facilities and responsibility for sites, and the carbon footprint impacts of additional journeys to service facilities and business equality issues if applied to Scotland only.
If legislation is to be introduced, many respondents felt that it should be applied on a threshold basis, similar to that contained in the Packaging Regulations 1, to a range of public and private sector bodies and sites. There was a range of opinion on whether legislation should specify the types of waste to be collected and facilities provided. External auditing or verification was also recommended by a small number of respondents.
Proposal 2: Packaging
There was no overall consensus as to whether legislation should be introduced in relation to packaging reduction targets and information provision requirements for retailers. Many of the respondents who felt legislation should be introduced in this area believed that current measures and their enforcement were ineffective. However, a similar proportion of those against legislation believed that voluntary measures such as the Courtauld Commitment 2 should be pursued.
There was concern amongst a few of the Local Authority respondents that they were being left to deal with packaging and that growth in packaging waste in the municipal waste stream was reducing the effectiveness of recycling schemes. It was felt by a small number in the Business and Retail Sectors that the focus on packaging waste is disproportionate to its presence in the waste stream.
It was suggested by a number of respondents that existing statutory measures to reduce packaging could be strengthened through review and modification, and better enforcement, or by new legislation. However a few respondents raised questions with regard to the monitoring and resourcing of enforcement. It was suggested by a few respondents that, if legislation is applied, a threshold approach could be utilised. A small number of respondents recommended a lifecycle analysis ( LCA) approach could also be taken to address concerns relating to packaging being 'fit for purpose' and Health and Safety issues. A number of respondents considered that legislation could be an opportunity to encourage improved packaging design.
Proposal 3: Specifying recyclate
The response to proposed legislation in this area was divided with no clear trend across stakeholder groups. The reasons given for their support by those in favour included that they felt it would stimulate markets and that the voluntary approach was inadequate. Those respondents not in favour tended to prefer reliance on market conditions and consumer demand, and to feel that specification could be problematic. Concerns in relation to technical feasibility, recyclate availability, stifling of innovation and product performance were also raised by some respondents.
A small number of respondents were concerned about availability issues e.g. markets may not yet be sufficiently developed. The potential impact on local business was seen as a threat to local economies by some respondents and an opportunity by others. Supply chain pressure through Public Body contracts was suggested by one respondent as a more effective route for business.
A large proportion of respondents suggested that, if legislation is introduced, it should cover Public Bodies with a few feeling large businesses should also be included. A few respondents recommended that a minimum recyclate content should be specified. It was also suggested by some respondents that specification could be based on LCA or sustainability criteria, and take account of standards.
A small number of respondents suggested that legislation be developed by procurement specialists and that training and guidance provided for procurement staff would be beneficial; a larger number of respondents recommended that guidance be provided for retailers and consumers.
Proposal 4: Waste prevention plans
A majority of respondents were in favour of legislation in this area with no clear trend across or within stakeholder groups. The reasons given for support by those in favour included that it would support waste prevention, ensure compliance and provide a level the playing field for waste producers.
Many respondents made reference to Site Waste Management Plans ( SWMPs) with suggestions including they be mandatory, set out at the planning stage, based on current voluntary SWMPs, and have a framework to ensure a consistent approach. A few respondents suggested adoption of the England and Wales legislation relating to mandatory SWMPs for new developments valued greater than £300,000.
The views of those not in favour included that: the proposal could prove overly bureaucratic and burdensome; it would not consider all impacts; legislation would entail a time-lag; and sufficient measures were already in place. A few respondents expressed a preference for voluntary action on a non-statutory basis.
Suggestions as to the format of any proposed legislation largely came from those in favour of legislation. These included individual suggestions that legislation should set out reporting provisions and standards; plans should set out SMART targets, and plans should be audited by an external body. Effective enforcement was considered to be an issue by a small number of respondents, with discussion covering resourcing, penalties and remedial actions.
There was no clear consensus on who should be covered by such legislation with a broad range of options suggested. It was recommended by a few respondents that any criteria for exemption should be explicit. Within a few responses voluntary actions to run in tandem with legislation were proposed.
Proposal 5: Deposit and return
There was no clear majority view in favour or not in favour of making legislation in this area. The benefits cited by those in favour of legislation were that this would promote sustainable waste management, encourage re-use and recycling and reduce litter. The views of those against legislation included that such schemes would undermine current collection schemes and would be ineffective. Amongst all responses there were concerns that the schemes may not be legal due to Competition Law. Many felt more research into such schemes is necessary.
A number gave direct agreement with the proposals as set out in the consultation documents regarding the form of the legislation. Criteria recommended for inclusion within the legislation included the size of retailer, the types of packaging (or other products) and the level of obligation to be imposed.
With regard to the practicalities of deposit and return schemes in Scotland, a substantial volume of information was submitted. Common concerns raised related to potential impact on existing collection schemes, impact on retailers (particular small), storage requirements, infrastructure requirements, accessibility and supply chain issues, cost implications, competition (and in relation to this impact on free trade), and fraud.
Proposal 6: Waste data returns
The majority of respondents favoured legislation in this area, were supportive of the proposal and felt it would result in improved data. Several respondents felt that current voluntary measures were not working effectively.
The main reservations raised in relation to legislation in this area related to the availability of data through existing legislation and regulations and the potential burden on the administrative body and business (including the Waste Management sector). Voluntary measures or working with industry were the favoured alternative approaches.
All Waste Management respondents expressed agreement with the introduction of legislation in this area; otherwise there was no overall trend identified between or within stakeholder groups.
There was a range of suggestions on what form the legislation should take with some agreeing with the proposals as set out. Opinion was split as to whether legislation should apply to all businesses or just those over a certain size. The need to review existing legislation and regulation was also an issue raised by a number of respondents.
Proposal 7: Other measures on waste prevention, including action on carrier bags.
The majority were against making legislation in relation to single use carrier bags. The most common reason given was the view that voluntary measures appear to be working well. Other reasons given were that action would be disproportional to impact and that resources should be focused elsewhere. A small but significant proportion of those not in favour of legislation did, however, feel that legislation may be necessary at a later date if voluntary measures do not work. Those in favour felt legislation would be more effective than voluntary measures.
Views were mixed as to whether the legislation, if implemented, should cover all single use carrier bags or only plastic bags. Two respondents suggested a complete ban, however, amongst those both in favour and not in favour of legislation, a greater number were in favour of a charge, tax or levy.
There was a broad range of suggestions for other areas where legislation could be made. Suggestions included bans on certain recyclable materials being consigned to landfill, tax or levy on other disposable products, measures to promote re-use and minimisation, reduced VAT on certain products, and product labelling.
Additional information and comment
A large number of respondents expressed their support for a Zero Waste Scotland and gratitude at being given the opportunity to respond to the consultation. A small number of respondents discussed the National Waste Strategy with topics including the upcoming review, the inclusion of Zero Waste in a more cohesive overarching waste strategy and the consideration of sustainable levels of recycling against target requirements. Others made comments relating to the future focus and potential of the Zero Waste agenda in Scotland.
Several respondents made remarks relating to the content of the consultation. These related to the types of waste being considered by the measures put forward as well as the assumptions and terminology used.
Several respondents argued for non-legislative measures, giving justification for this position. The need for review and better enforcement of current legislation and regulation was raised, as were issues relating to Scotland adopting alternative legislation to the rest of the UK. Concerns about monitoring and enforcement and the need for guidance were discussed.
The role of the Scottish Government and Local Authorities in delivery of a Zero Waste Scotland was raised by some with various suggestions made. Some respondents felt that action should take account of the impacts of waste management beyond waste generation, looking at the full lifecycle and carbon emissions.
Overarching themes
A number of common issues were found across the responses to several or all of the proposals set out in the Consultation.
- Overall, Business Associations, individual businesses and representatives of the Retail Sector exhibited a strong preference for voluntary measures stating that they felt existing voluntary protocols were successful.
- The desire for a 'de minimis' or threshold approach based on size of an organisation was repeatedly raised in discussions relating to the form of legislation that may be introduced.
- The potential negative impacts on existing structures, manufacturers, local economies, regulators, consumers and recyclers were also discussed in responses to a number of proposals. Such examples included negative impacts on Local Authority recycling schemes as a result of modal shift in recycling behaviours, and additional pressures on regulators for enforcement.
- The potential financial costs such as staff, time, infrastructure, transportation, and operation and maintenance were debated across all stakeholder groups and all proposals. Occasionally it was perceived that savings would offset new costs incurred but, overall, it was felt the net cost was not yet known.
- The burden of enforcing any new legislation was also discussed at length.
- Consultation and additional research was urged prior to the development of legislation or regulations across a number of issues by a few respondents.
- The need to impose fiscal measures to differentiate between products was a recurring theme.
- Business equity issues arose in relation to a number of the proposals. These included the impact on fair competition of legislation implemented on a threshold basis, and also the effect on imposing legislative requirements in Scotland only.
- There were some concerns raised regarding the legitimacy of some proposals with debate focusing on consistency and compatibility with other UK legislation, and compliance with legislation surrounding competition laws and free trade.
- A common theme amongst responses to the majority of proposals was the recommendation that full environmental impacts, over and above the reduction of waste arisings, be fully examined.
Trends across stakeholder groups
Amongst those who responded, Business Associations and Retail Sector respondents tended to be less in favour of the introduction of legislation across all proposals, whilst the majority of Local Authority respondents were largely in favour of legislation for the majority of proposals. Third sector stakeholders were in favour of legislation across all proposals, whilst the majority of Individual Respondents did not express opinions as to whether or not legislation should be put in place across all proposals. Other groups did not demonstrate such general trends.