What Does Scotland’s Circular Economy Bill mean for our sector and our members, and what happens next?

Overview

Since its announcement, Circular Communities Scotland has been proud to call for a strong and ambitious Circular Economy Bill.

We welcomed the Circular Economy (Scotland) Bill being passed on behalf of our sector and members, on the 26th June 2024, with 116 MSPs voting for the Bill, and 0 votes against.

We also welcomed the cross-party support for the Bill, with all parties recognising its circular principles and need to tackle the twin crises of biodiversity loss and climate change.

As the Bill now passes into Scottish law, we’re pleased to review what this means for our members, and reuse in Scotland.

What did Circular Communities Scotland ask for?

In our Circular Economy Bill Policy Paper from August 2023, Circular Communities Scotland called for a “strong and ambitious Bill” with 3 key asks:

  • Reuse targets
  • Restrictions on the disposal of unsold goods
  • A statutory code of practice that prioritises reuse over recycling

Reuse targets are on the list for possible circular targets that could be included in the Circular Economy Strategy. (Section 1 and Section 6). We welcome this step forward and will continue to lobby for meaningful reuse targets.

For restrictions on unsold goods (Section 8) there must be provision to prioritise the re-use, rather than the recycling of unsold goods, in line with the waste hierarchy. This was an amendment that Circular Communities Scotland lodged at Stage 3 of the Bill and it was accepted. We welcome this amendment to the Bill.

There is a statutory code of practice for recycling in the Bill (Section 12) but no reference to prioritising reuse. There is a note to this section that defines “recycling” to include “composting and preparing for re-use”. We welcome this step forward and will continue to lobby for a meaningful recycling code of practice that includes reuse.

Is the Bill strong enough?

Our Membership and Policy Manager Matt Lewis, who led on our influencing on Scotland’s Circular Economy Bill, reflects on the strength of the Bill:

“It’s been eight years since the 2016 SNP manifesto included a commitment to a Circular Economy Bill. It has been a circuitous journey with many ups and downs, and a global pandemic thrown in for good measure, but Scotland now has circular economy legislation in place.

On of the criticisms, especially from MSPs on the Net Zero Energy & Transport Committee that oversaw the Bill, was that this is essentially a “Framework Bill” that was light on detail. One example is that the Bill stipulates the Scottish Government must publish a “Circular Economy Strategy” within 2 years, but there is little detail yet of what it will contain, including defining any circular targets.

Another criticism is that there is still too much focus on waste and litter actions and not enough focus at the top of the waste hierarchy around reuse, repair and tackling the systemic issue of over-consumption.

Is it as strong and ambitious as we and other Scottish environmental NGOs would have liked it to be? The reality is, probably not. However, from the persistent work and lobbying from many quarters, including Circular Communities Scotland, the final version is stronger than previous iterations. This is something we can be proud of.”

What else is in the Bill?

The Bill now includes:

  • Clear reference to the waste hierarchy; for example when preparing the circular economy strategy (Section 1) there must be due regard for the principles of the waste hierarchy, including waste prevention and reuse.
  • A reference to circular education and skills; when preparing the circular economy strategy (Section 1) there must be due regard for behavioural changes, and public education and skills.
  • A reference to a Just Transition; when preparing the circular economy strategy (Section 1) there must be due regard for the principles of a Just Transition.

What isn’t in the Bill?

Circular Communities Scotland is disappointed that Right to Repair is missing from the Bill.

Repair is a high-level waste hierarchy principle that many of our members are involved with. The EU Parliament have passed Right to Repair legislation in 2024, however the Scottish Government believe Right to Repair legislation is best implemented at UK-level.

What happens now?

Focus will now shift to the Route Map process, being overseen by Zero Waste Scotland, which has been running in tandem with the Circular Economy Bill. The Bill itself represents the legislative framework for a more circular Scotland, while the Route Map is the strategic guide to achieving this goal. There are 4 over-arching strategic aims to the Route Map:

  • Reduce & Reuse
  • Modernise Recycling
  • Decarbonise Disposal
  • Strengthen the Circular Economy

Circular Communities Scotland’s primary focus will be on the Reduce & Reuse strategic aim and when there are updates, we will ensure there is appropriate engagement with our sector.

The Scottish Government and Zero Waste Scotland have both stated that the principle of co-design will be an integral part of the Route Map process and we look forward to engaging with this procedure.

To discuss details of our policy influencing work, please contact Matt Lewis, Membership and Policy Manager, Circular Communities Scotland matt@circularcommunities.scot.