The Scottish authorities was “utterly irresponsible” in the way in which it tried to implement its bottle return scheme, a former UK authorities minister has claimed.
Giving proof on the Courtroom of Session in Edinburgh on Friday, former Scottish secretary Lord Alister Jack mentioned the Scottish authorities had withheld “commercial information” from companies a few threat the deposit return scheme (DRS) can be blocked.
Lord Jack was Scottish secretary when the UK authorities refused to grant the DRS an exemption for glass bottles beneath the Inner Market Act (IMA).
This led to the Scottish authorities altering its plans for the scheme in 2023.
A UK-wide DRS is deliberate however it isn’t anticipated to start earlier than 2027.
Biffa Waste Companies is suing the Scottish authorities, searching for £166m of reparations over the choice to delay the scheme.
Lord Jack mentioned he was “appalled” by a letter despatched to companies concerning the scheme by then round economic system minister Lorna Slater in Could 2022, which he mentioned “misled” companies concerning the true industrial image.
“I am staggered that a letter was produced by officials and signed by a minister and sent out to companies that were investing their shareholders money or their own money – and lots of it – and not knowing the inherent risks of the whole picture,” he mentioned.

Picture:
MSP Lorna Slater, former minister for inexperienced abilities, round economic system and biodiversity. Pic: PA
He added: “It was, for me, irresponsible to not inform corporations which can be spending cash what the entire story is, and clarify to them the dangers.
“There was a high level of risk and it was utterly irresponsible to send this letter, and that’s my opinion.”
Lord Jack mentioned the letters have been despatched after the federal government had been made conscious it could want to use for an exclusion from the IMA, which he claimed had been made clear by the UK authorities in March 2022.
He mentioned an exclusion from the IMA had a “high bar” and required impression assessments to be carried out.
Nonetheless, he mentioned the federal government had executed “nothing” to advance this work or to warn companies of the dangers earlier than it formally utilized for an exclusion in March 2023.
As quickly as they knew this was required, he mentioned “they should have sharpened up, got their exclusion request in, told their partners it was what they were doing, told their partner companies there was massive commercial risk for them”.
Lord Jack mentioned that as Scottish secretary he had plenty of “concerns” concerning the scheme, together with the impression it could have on corporations and shoppers, and its impression on inflation at a time of the price of dwelling disaster.
He mentioned greater than 1,000 companies and stakeholders had written to him “saying it was going to seriously impact and damage their business, supermarkets telling me it was going to damage their business, consumers and so on”.
He dismissed the suggestion his issues have been politically motivated, insisting it was “beholden” to him as Scottish secretary to “ensure our businesses and our consumers were protected”.
The Conservative peer mentioned the very fact the Scottish authorities was nonetheless understanding how the scheme would work when it utilized for an IMA exclusion in 2023 was “farcical”.
He mentioned: “It was a comedy of errors. Farcical. The whole thing was farcical.”
