Ministers urged to explain why deposit return scheme firm is exempt from FOI

Ministers have been urged to explain why the firm set up to administer Scotland's controversial deposit return scheme was created in a form that means it is exempt from transparency laws.

The Scottish Liberal Democrats have submitted a series of questions in Holyrood seeking to get to the bottom of why Circularity Scotland was set up as a private, not-for-profit company exempt from freedom of information legislation.

The party said the move had left the public and parliamentarians reliant on leaked reports to reveal the £300,000 salary of the firm’s chief executive, David Harris.

The deposit return scheme will see consumers charged a 20p deposit every time they buy a drink in a can or bottle, with that money then refunded when they return the empty container for recycling.

Picture: PA

However, its implementation has been repeatedly criticised by business leaders and opposition politicians. In the campaign to be SNP leader, Humza Yousaf, the new First Minister, pledged to exempt small firms for its first year if he was chosen to succeed Nicola Sturgeon.

Bosses in Scotland’s hospitality sector previously said delaying the introduction of the scheme could help reset the relationship between ministers and business.

Liam McArthur, the Scottish Liberal Democrats’ climate emergency spokesman, has now lodged 10 parliamentary questions relating to Circularity Scotland and its exemption from freedom of information legislation.

He said: “I can see why it might appeal to secretive ministers to have their unwieldy and expensive new administrative body sit above public questioning but it’s terrible for transparent and effective governance. The public deserve to know why this organisation was set up like this, who took the decision and were alternative options considered, such as using a similar model to Crown Estate Scotland and Scottish Water? I have lodged a series of parliamentary questions looking to get answers.

“Dozens of countries around the world have successful deposit return schemes in place. Left in the hands of SNP and Green ministers, however, a good idea has turned into a mess risking business failure, consumer choice and public confidence. At the moment the only thing getting recycled is endless excuses.

“Further reform of freedom of information laws is needed and Scottish Liberal Democrats are clear that any organisation delivering services to the public sector should be open and accountable to the public.”

A Scottish Government spokesman said: "In line with the polluter pays principles, and just like similar schemes around the world, Scotland’s deposit return scheme is being delivered by industry. Circularity Scotland Ltd is a private non-profit company, set up by producers, retailers and wholesalers. As a private company, they are not subject to the Freedom of Information Act.

“The Scottish Government is committed to reviewing the operation of Scotland’s FOI regime, and is currently analysing the results of its recent consultation on Access to Information Rights in Scotland with the aim of publishing a report later in the spring. Access to information plays a critical role in ensuring openness and transparency – and the Scottish Government believes Scotland’s FOI laws are robust and internationally respected.”