Waste firm given go ahead to sue government over recycling scheme
A judge has ruled that a £166m legal claim against the Scottish government over the failed deposit return scheme can go ahead.Ministers effectively dropped plans for a Scotland-specific bottle return initiative in June 2023 following a dispute with the UK government.Biffa Waste Services, which had been hired to collect recycled containers, argued in the Court of Session that ministers assured it the scheme would go ahead - and lost out when it was cancelled.Ministers denied the firm's arguments and said the case should be thrown out of court.
Biffa, which is seeking up to £166.2m in reparations, says the government breached a duty of care and was negligent when it claimed the scheme was viable.
Judge's ruling
In a written statement, Lord Clark said ministers had been unable to convince him that Biffa's pleadings "do not disclose circumstances giving rise to a duty of care".The judge also dismissed an argument from ministers that even if the court did accept they had been negligent and had a duty of care, the case should be thrown out because Biffa's case was "irrelevant" to the legal arguments it made.He said that to win damages the waste firm would have to convince the court there was a duty of care, that it was breached and that it caused financial losses.Biffa would have to prove that the firm relied on a written assurance given by former Green minister Lorna Slater about the scheme's viability, and that this led to financial losses.
Lord Clark said "questions remain" about the costs incurred by Biffa, and the amount of future profits it lost out on.The judge said there should now be a full hearing to examine the arguments in more detail.Biffa's financial claim includes about £115m in projected profits over a 10-year contract with Circularity Scotland, a non-profit company funded by the drinks industry which was supposed to manage the scheme.It collapsed with debts and liabilities of more than £86m when the initiative was postponed.Biffa is also seeking about £50m it said it spent in preparation for the scheme - including buying vehicles and specialist equipment, leasing vehicle depots, processing sites and taking on extra staff.
What is the deposit return scheme?
The deposit return scheme was a headline ambition of the former SNP-Green administration at Holyrood following the 2021 election.Under the plans, a 20p deposit was be added to all single-use drinks containers made of PET plastic, metal or glass. Consumers could reclaim the deposit by returning the containers to retailers or to specially-designed reverse vending machines.It was due to be introduced in August 2023 but the launch date was pushed back, with then first minister Humza Yousaf citing concerns from businesses.A further stumbling block came when Conservative ministers at Westminster refused to grant the scheme the go-ahead unless it conformed to a UK-wide approach excluding glass.In June 2023 Slater said she had no choice but to delay the scheme until at least October 2025, accusing the UK government of sabotage. She left government last year following the collapse of the Green-SNP power-sharing agreement. Scotland is not expected to have a deposit return scheme until October 2027 at the earliest, when the UK government aims to launch its own version of the scheme, excluding glass.Holyrood ministers are expected to align their return scheme to match Westminster's version, though Wales has pulled out of a UK-wide approach because it wants to include glass.Following a freedom of information request, the Scottish government revealed earlier this month that it had spent £168,000 on legal fees related to the case brought by Biffa.A spokesperson said it could not comment on live litigation.
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Scotsman
38 minutes ago
- Scotsman
Readers' Letters: After by-election win Labour needs to sell message of positive change
Labour's surprise win in the Hamilton, Larkhall and Stonehouse by-election had readers talking Sign up to our daily newsletter – Regular news stories and round-ups from around Scotland direct to your inbox Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... Reform UK's 26 per cent vote share at the Hamilton, Larkhall and Stonehouse by-election is a warning that the populist party with a toxic ideology can make inroads in next year's Holyrood election. Political expert Sir John Curtice estimates Nigel Farage's party could come third, with 18 seats, based on recent polling (your report, 2 June). He said Reform's success is 'very bad news' for the Tories who polled just 6 per cent at the by-election. Advertisement Hide Ad Advertisement Hide Ad Unfounded remarks by Farage about Scottish Labour leader Anas Sarwar allegedly favouring the Pakistani community were condemned as racist by all major parties in Scotland apart from the Tories, who remain toothless against a party that has overtaken them in the polls and threatens to render them obsolete. The recent resignation of Bellshill-born Reform party chairman Zia Yusuf, after its newest MP suggested the banning of the burka, is a blow to Farage. This follows Reform's controversial views on banning asylum seekers from Reform-held councils, an unworkable net zero migration policy and the recent comments against Mr Sarwar. Scottish Labour Deputy leader Jackie Ballie, Scottish Labour leader Anas Sarwar and Davy Russell, newly elected Scottish Labour MSP for Hamilton, Larkhall and Stonehouse yesterday (Picture: Jeff) Reform has no place in Scottish democracy as it is difficult to justify any support for a party with outdated views on multiculturalism and climate change. Labour must show that Hamilton was not a blip to defeat two decades of failed SNP policies and the toxic politics of Reform. Voters are more likely to engage if there is tangible hope of positive change. Neil Anderson, Edinburgh Counting chickens? While Labour's victory in the Hamilton by-election on Thursday seemingly points to the party winning the Scottish Parliament elections next year, if I were Anas Sarwar I wouldn't be sizing up the curtains of Bute House just yet. The seat was won comfortably by the SNP in the last Scottish Parliament election in 2021 and is just the sort of seat Labour needs to win if Sarwar is to become Scotland's next First Minister. Advertisement Hide Ad Advertisement Hide Ad The SNP has made little progress in restoring its fortunes following its heavy defeat in last summer's Westminster election, with polls suggesting the party's support across Scotland is still 15 points down on its tally in 2021. In the event, the fall in the party's support in Hamilton was, at 17 points, just a little higher than that. However, Labour's own tally was also down by two points on its vote in 2021, when overall the party came a disappointing third. That drop was very much in line with recent polling, which puts the party at just 19 per cent across Scotland as a whole, while the SNP has around a third of the vote. In addition, Labour is losing somewhere between one in six and one in five of its voters to Reform since last year's election. After nearly two decades in the political wilderness, there is little sign that Labour, as it currently stands, is set to regain the reins of power at Holyrood. Alex Orr, Edinburgh Real winner After all the hype by First Minister John Swinney talking up Reform and ignoring Labour it was obviously a tactic by the SNP to try and salvage a win in Hamilton. Advertisement Hide Ad Advertisement Hide Ad Similarly, despite a dreadful campaign by Labour, voting SNP was simply not an option for many on the left. In comes the real winner, Reform UK, with a spectacular vote from a near nil base. Mr Swinney has unleashed a force that will do real damage in the 2026 Holyrood election. The SNP has proved itself too self-congratulatory too many times. Eighteen years of misrule cannot be rewarded by another term in office. All bets are off as to the make-up of Holyrood in 2026. The SNP is tired, Labour has yet to prove itself effective, Reform UK has the bit between its teeth and the Tories might yet recover. A year is a long time in politics. Gerald Edwards, Glasgow Swinney must go The loss of the Hamilton by-election to the risibly inept 'Scottish' Labour – a party so devoid of ideas it could barely muster a coherent manifesto – is not merely a setback. It is a catastrophe of the SNP's own making. Advertisement Hide Ad Advertisement Hide Ad This was an entirely avoidable humiliation. Instead of seizing the moment – with independence support now at a formidable 54 per cent in a Norstat poll – John Swinney chose to dither. His response? A pledge to wait until 75 per cent of Scots beg for freedom before lifting a finger. When Keir Starmer declared he would block any independence referendum, Swinney's silence was deafening. Not a word of defiance, not a hint of resistance to the colonial farce of Section 30. Instead, he opted to align with Labour – a party whose sole distinction from Reform is a marginally more polished veneer of hypocrisy. Both are unionist to the core, united in their mission to siphon Scotland's wealth southward while offering nothing but condescension in return. The campaign itself was a masterclass in misdirection. Rather than rallying the independence movement with a bold vision, Swinney fixated on Reform – as if thwarting Nigel Farage's band of reactionary clowns was the defining struggle of Scottish nationalism. The result? A muddled, defensive mess that left voters uninspired and Labour undeservedly triumphant. The truth is stark: the SNP has no plan for independence. No strategy beyond grovelling to Westminster for permission to hold a vote – a humiliation masquerading as diplomacy. It is a spectacle so pitiful it verges on self-parody. Swinney must go. Not with a whimper, but with the swift, decisive exit his failures demand. The independence movement deserves leaders who grasp that freedom is seized, not negotiated – and who possess the courage to act accordingly. Advertisement Hide Ad Advertisement Hide Ad Until then, the SNP's decline will continue, and Scotland's potential will remain shackled by the timid and the unimaginative. Alan Hinnrichs, Dundee Let teachers teach As a retired primary teacher who worked for 40 years in primary education, I think there is a simple solution to the 'excessive workload'. Stop expecting detailed forward plans, lesson plans and reviews of the same and let teachers teach instead of being overburdened with paperwork for the sake of accountability. The Curriculum for Excellence has a lot to answer for. It was what changed things so drastically and made teaching so much more stressful. When I began teaching in the 1970s, teachers completed a Record of Work every two weeks. This showed the work that had been completed in all the subjects taught in the primary curriculum in the previous two weeks. From there the progress that was made was clear and any teacher taking over the class (say as sickness cover) knew what was being taught. This was not as detailed as the Forward Plan which replaced it, but it was a clear record, in one slim book, of what had been achieved over the school year. Pupils' work was marked daily and preparations for next day made daily. The pupils left literate and numerate and, for the most part, behaved responsibly. Forty years later we were required to make a 'Forward Plan' for each subject for the term ahead and then assessed as to how we felt it had been achieved before writing the next Forward Plan! A daily diary of the plan for each day was also required. This was to be written up for the week so any teacher could take over. This was detailed to show subject, aims and objectives. On top of this there was, of course, the marking and noting of any problems and collecting materials for the next day's work. Advertisement Hide Ad Advertisement Hide Ad In the last year or so of my career we had a school inspection. The HMI 'dropped in' to observe one of my lessons and said at the end, 'That was an excellent lesson, but I'm afraid I cannot grade you on it as you didn't have a detailed lesson plan'. My reply was that I had never written a full lesson plan for any lesson since graduating from Callendar Park teacher training college. If teachers are allowed to teach without all the emphasis on accountability their workload would be greatly reduced and they could enjoy working with their pupils and seeing them love to learn, as I did at the start of my career. Barbara Wilson, Edinburgh Cringe no more I must disagree with Alexander McKay, and by extension, Billy Connolly, on the charge that the Scottish Parliament is 'pretendy' (Letters, 6 June). Far from it. Rather, it brings democracy and answerability to our doorstep. If the Scottish Parliament were pretendy, the Westminster Parliament is undoubtedly toxic. Politicians of the calibre of Mhairi Black and Stephen Flynn, disillusioned with Westminster, are seriously thinking of transferring their allegiance. Scotland struggled long and hard to achieve a Scottish Parliament in 1999, with the likes of Donald Dewar, Winnie Ewing, David Steel and Alex Salmond playing leading roles. Hopefully, Holyrood is here to stay, and grow in stature and personnel, with more and Parliamentarians choosing to be MSPs rather than MPs. Let's hear no more of the infamous 'Scottish cringe'. Ian Petrie, Edinburgh On the buses Advertisement Hide Ad Advertisement Hide Ad Andrew Clark, who expressed absolute dismay over bus lanes (Letters, 5 June), got the wrong end of the stick. Bus priority lanes are not, in the first instance, about reducing pollution, but about minimising congestion for those who are prepared to travel together. And to encourage people to do so, buses need to be able to progress reliably, especially on the main arteries. Cars have a vastly disproportionate footprint compared to buses. Bus lanes go some way towards reallocating the communal road space more fairly. Harald Tobermann, Chair, Edinburgh Bus Users Group Write to The Scotsman
The Herald Scotland
41 minutes ago
- The Herald Scotland
All change after Hamilton – but not perhaps in the way you expect
To elect is, literally, to choose. And people in this by-election have chosen, narrowly, to put their faith in Labour's Davy Russell, who fought a doorstep campaign, remote from media concerns. This was the change contest. Understandably pleased, the Prime Minister hailed a 'fantastic victory' for Labour – before adding that 'people in Scotland had once again voted for change.' Read more Brian Taylor I think that is true but I suspect it may not be quite the change advanced by Sir Keir Starmer. I understand his perspective. He is seeking to fit Hamilton into the wider Starmer narrative. You will recall that, at the July UK General Election, Sir Keir repeatedly offered 'change'. His aim was to gain from the discontent – no, the loathing – which had attached itself to the Conservatives. To posit Labour as the remedy, without being all that specific about details. So, with these comments on Hamilton, he is seeking to suggest that Davy Russell's victory is, in some way, continuity: an endorsement of the approach pursued by his government. To repeat, I understand his motivation in so doing. But I am certain that this is awry. You have only to listen to senior figures from Scottish Labour to grasp that Hamilton disquiet was aimed at incumbency. The SNP at Holyrood, yes. But also Labour at Westminster. Broadcasting to an astonished nation on the wireless, I was most struck by Labour MSP Paul Sweeney who disclosed candidly that he had experienced 'pretty grim conversations' with voters. Despite those doorstep difficulties, Labour contrived to oust the defending SNP. Incidentally, only the third time the incumbents have lost in the twelve Holyrood by-elections which have taken place since devolution. But Labour's Scottish leader, Anas Sarwar, knows this fell far short of an enthusiastic vote of confidence. He knows people want much more from Team Starmer. He knows they are upset over the economy and benefit curbs. Still, that Labour victory does represent change. The ousting of the SNP. Which itself demands a further change. John Swinney acknowledged as much at his news conference. His party, he said, had made some progress – but not enough. The aim now must be to address the priorities of the people, specifically the cost of living and NHS waiting times. He was accused by Labour's Anas Sarwar of seeking to drive voters towards Reform UK. Again an understandable point, but not entirely valid. Certainly, Mr Swinney suggested that the by-election was a two-horse race between the SNP and Nigel Farage's party. In so doing, he was seeking to polarise the contest, to pitch his party as the ones to stop the seemingly resurgent Reform, aware that Labour had comfortably outpolled the SNP at the UK election last year. Sir Keir Starmer is keen to tie the by-election into a wider story about Labour (Image: free) It was, in short, a strategy rather than a forecast. Nevertheless, the SNP came up short – and a degree of humility can now be expected from the First Minister. So he too must change the SNP formula. To a substantial degree, he already has, concentrating upon popular priorities such as the NHS, while sidelining issues such as gender. Some within the SNP may question Mr Swinney's own judgement. I suspect, however, that the majority will back his determination to focus firmly upon the economy and public service delivery. If there was even a fragment of complacency in the SNP leadership, it has been utterly expunged by Hamilton, Larkhall and Stonehouse. Might this result also sideline the issue of independence, as the campaign group Scotland in Union suggest? Not in those terms. John Swinney will continue to pitch independence as a solution to persistent problems. But I expect he will primarily concentrate upon the problems themselves. Listening, in short, to voters. That emphasis may further disadvantage the Tories who tend to do well at Holyrood when they can depict themselves as the stalwart defenders of a threatened union. However, there are other changes to consider. Labour's vote is well down on the UK General Election in this area and on their by-election showing in Rutherglen and Hamilton West. Folk are scunnered with the SNP. But they are also unhappy with the PM and the Chancellor, Rachel Reeves. If she doubts that, perhaps she could have a word with her Commons aide, Imogen Walker. The MP for Hamilton and Clyde Valley. So Anas Sarwar will pursue a twin strategy. Gently, diplomatically urging his Westminster colleagues to pursue policies which palpably help voters. While at the same time offering to change the government at Holyrood. Pitching himself as the sole contender to oust Mr Swinney. Seeking to marginalise rivals. Another change is the emergence of Reform. They came a creditable third, consigning the Tories to a whimpering fourth. Indeed, they got a higher percentage in this area than the Tories have historically managed. A sign perhaps that Reform can appeal to a wider range of voters, also eating into Labour and SNP support. Read more But will that endure? Or will Reform fall back again, perhaps beset by the internal divisions which emerged sharply on polling day itself when their chairman, Scots-born Zia Yousuf, resigned? On quitting, he said that he no longer wished to devote his time to installing Nigel Farage in Downing Street. He was also less than delighted with the new Reform MP Sarah Pochin who said in the Commons that the burka should be banned. However, the Tories are not exactly exempt from internal division, at Westminster and Holyrood. They must simply strive to recover from this by-election nadir – and hope that Reform will subside. Does this by-election change expectations of the Holyrood outcome next year? In itself, no. It tells us that voters are scunnered. But then you already knew that. It tells us that folk want and expect change. They want an easing of this age of anxiety. But then you knew that too. Brian Taylor is a former political editor for BBC Scotland and a columnist for The Herald. He cherishes his family, the theatre - and Dundee United FC
Glasgow Times
an hour ago
- Glasgow Times
Holidaymakers warned ahead of summer strike action at Glasgow Airport
Unite the union said workers at Glasgow Airport, ICTS Central Search, Swissport, Menzies Aviation and Falck could be balloted for walkouts. The union said on Saturday that if there is no successful resolution to the disputes in the coming days, it will move towards holding votes on industrial action within two weeks. It warned strikes could 'ground planes and passengers'. READ NEXT: Scotland's largest teaching union launch consultative ballot for strike action (Image: Image of Glasgow Airport) Pat McIlvogue, Unite industrial officer, said walkouts could be held from the middle of July. More than 100 Swissport workers are locked in a dispute about rotas and work-life balance, according to Unite. It said the company 'is demanding that workers at extreme short notice have to work shifts at various times and for various durations, which is directly impacting on their personal lives'. Unite said some Swissport staff are 'struggling with chronic fatigue'. A further 250 ICTS Central Search workers, who deal with passengers directly in the security search area and process them for flights, are currently involved in a dispute over under-staffing, working conditions and pay. A total of 120 workers employed by Glasgow Airport Limited have rejected a basic 3.6% pay increase, with staff including airport ambassadors, airside support officers, engineers and managers involved. The same 3.6% pay increase was rejected by 50 Falck firefighters who perform fire safety functions at the airport. Meanwhile 300 Menzies Aviation workers, including dispatchers, allocators, airside agents and controllers, have rejected a basic uplift worth around 4.25%. READ NEXT: Global lifestyle brand to open first-ever store in Glasgow The union recently announced a series of what it said were wage wins for 100 North Air workers across Scottish airports, and more than 140 staff based at Glasgow Airport employed by ABM and OCS. Unite general secretary Sharon Graham said: 'Hundreds of workers at Glasgow Airport are heading towards summer strike action which would ground planes and passengers. 'The companies involved are all highly profitable and can easily afford to give our members better pay and working conditions. 'The truth is that they are denying fair pay increases to cynically boost their profits.' Mr McIlvogue said: 'Unite is in dispute with companies at Glasgow Airport which could ultimately bring hundreds of workers out on strike. 'The companies can resolve these disputes with Unite before that situation happens by addressing the legitimate concerns and pay aspirations of our members. 'If the companies refuse to work with Unite to resolve these disputes, then we will have no option but to open strike ballots. This could mean strike action happening from the middle of July.' A spokesperson for Swissport said: 'We are in dialogue with Unite – the talks so far have been constructive and we remain focused on working together to address the issues being raised.' Glasgow Airport Ltd, ICTS Central Search, Menzies Aviation and Falck have been contacted for comment.
