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Phil Sim, a political correspondent, and Angus Cochrane of BBC Scotland reported on the ongoing legal battle between a waste firm and the Scottish government regarding a failed bottle return scheme. Biffa Waste Services is seeking over £166m in reparations following the government’s decision to delay the recycling initiative in 2023. The chief executive of Biffa, Michael Topham, claimed that former government minister Lorna Slater had given them assurances similar to a guarantee that the scheme would proceed.
The bottle return scheme, which involved adding a 20p deposit to single-use drinks containers made of PET plastic, metal, or glass, was scheduled to launch in August 2023 but was postponed. The plans were halted after a disagreement with the UK government, which required an exemption from the Internal Market Act. Downing Street refused to grant the exemption unless Scotland adhered to a UK-wide approach that excluded glass from the scheme.
Lorna Slater, who accused Conservative ministers of sabotage, stated that she had no choice but to delay the plans following the collapse of the SNP-Green power-sharing agreement. Biffa’s CEO highlighted a letter from Slater in 2022, which he interpreted as a firm commitment to the scheme, urging them to move forward with the contract. Despite the assurances in the letter, the Scottish government claimed that the collapse of the scheme was not their responsibility.
The legal proceedings revealed concerns raised by Biffa about the safety of their investment, as well as discussions about potential delays and changes in political support for the scheme. Circularity Scotland, the organization intended to manage the scheme, collapsed with substantial debts, leading to Biffa seeking substantial reparations for lost profits and preparation expenses. The court hearings are set to last for eight days, shedding light on the complexities of the failed bottle return scheme in Scotland
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