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STV News
8 hours ago
- Business
- STV News
Biffa £166m compensation claim over deposit return scheme 'good to go'
A lawyer acting for a company pursuing a £166m compensation claim against the Scottish Government has told a judge that his case is 'good to go' to court. Roddy Dunlop KC made the statement during a procedural hearing on Thursday in an action brought against Scottish ministers by Biffa Waste Services Ltd. The company has raised an action at the Court of Session in Edinburgh over a decision made by ministers to delay the introduction of the deposit return scheme. It alleges that Lorna Slater – the former minister for green skills, circular economy and biodiversity – gave negligent assurances to the firm in a letter about the initiative to ensure its participation. Biffa's lawyer Roddy Dunlop KC told judge Lord Clark last year that the correspondence made no reference to how Holyrood would need its Westminster counterpart to give the final go ahead to the scheme. The scheme was later scrapped after the Conservative government in London refused to give the go ahead for it be implemented. The firm believes the Scottish Government 'negligently misrepresented the assurance it gave' to Biffa. Biffa has instructed Mr Dunlop, the Dean of the Faculty of Advocates, to act for it in the £166.2m compensation claim. Judge Lord Clark gave permission for the action to proceed following a two day hearing last year when the Scottish Government's lawyer Gerry Moynihan KC asked the court to dismiss the action. On Thursday, the case called again for a procedural hearing before judge Lord Sandison. Mr Dunlop said he and his legal team were making preparations for the case which is expected to be heard in the Court of Session over an eight day period in October 2025. Mr Dunlop added: 'The case is now simplified and good to go.' The deposit return scheme was a key policy of the former SNP-Green administration. 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. The Conservative government at Westminster refused to grant the scheme the go-ahead unless it conformed to a UK-wide approach which excluded 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. The company have decided to go to the Court of Session in Edinburgh because it believes the Holyrood government is responsible for it incurring a £166.2m loss. It wants compensation for the cash it invested in the collapsed deposit return scheme and the subsequent loss of profit. At the proceedings last year, Mr Moynihan said the Scottish Ministers acted lawfully and that the government did not act a duty of care to Biffa. He also said the letter sent by Ms Slater – which was dated May 17 2022 – did not amount to a 'negligent representation'. Speaking on the final day of a two day long hearing into whether the action should proceed, Mr Dunlop outlined the alleged actions of Ms Slater in dealing with his clients. Mr Dunlop said: 'Our position is that we did sign the contract in a situation of the assumption of responsibility. 'The minister was not required to give an assurance but she voluntarily did. 'She did so because she wanted Biffa on board. She must have known Biffa would act upon what she said. 'It is writing a letter that provides the assurances that not reflect the actuality of the situation. 'We know why she decided to write that letter. She wrote that letter as she needed the deposit return scheme to have a purpose. 'She needed a contractor like Biffa – who was swithering about whether to become involved – to become involved.' Mr Dunlop also claimed that Ms Slater's purpose in writing the letter to Biffa was to ensure the scheme's success. He added: 'The simple fact of the matter is that the Ministers were very keen to have Biffa on board. 'It was important for them politically and logistically to have a well resourced contractor like Biffa on board. 'Without that the deposit return scheme was dead in the water.' On Thursday, Lord Sandison fixed a date for another procedural hearing in the case – this will take place on September 2 2025. Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
BBC News
11-04-2025
- Politics
- BBC News
Green leadership contest 'wide open', says Lorna Slater
The Scottish Green leadership contest is "wide open", according to Lorna Slater. The MSP, who has led the party along with Patrick Harvie since 2019, confirmed she will stand for re-election in this summer's ballot. Harvie announced earlier this month he would stand down as co-leader in the summer after almost 17 years in the role. Slater also rejected a claim from a former party official that a Green "clique" at Holyrood was "viciously" hoarding power away from members. She spoke ahead of the party's spring conference in Stirling this weekend. The Scottish Greens elect co-leaders every two years, with the winners of this year's contest expected to be announced in August. Any member can stand as a candidate, though one of the co-chiefs has to be a woman. Slater said she expected many members of the party to stand, including several MSPs."The field is really wide open," she told BBC Radio's Good Morning Scotland."I would invite all members to consider putting themselves forward. The more options for leadership, the better [for] democracy and the better debate we can have within the party." Party tensions Tensions between grassroots Greens and senior party members have simmered for some time. Last year's conference was disrupted by a row about a vote on the government's plans for a National Care councillor Dan Hutchison has called for the party to elect a councillor as one of the wrote in the Green Left Scotland blog: "I want someone to lead us who sits with their community council every month and aren't swept up in the circus of Holyrood."The National reported in March that the co-chair of the party's executive, Jen Bell, resigned after seven months in the role. She claimed there was a "clique" in the Green group at Holyrood who "jealously, viciously, hoard their privilege from outsiders".Slater said she did not recognise that description. She told the BBC the party's Holyrood group had "worked really well together" and did its "absolute best" to work with members. "Of course, it is our members who drive not only policy, but things like deciding whether to go into the co-operation agreement with the Scottish government," the co-leader said. "All of that comes from grassroots levels, and we always endeavour to make sure that it is our members that are at the front of everything."Which isn't to say we can't always improve."Meanwhile, Harvie said he was disappointed that Green members had criticised party politicians in briefings to the told the Daily Record: "There is a very small number of people in the party who indulge in that kind of thing - frankly, insulting other party members and undermining their work." Green-SNP split Slater served as a Scottish government minister for three years under a Green-SNP power-sharing agreement. Her time in government came to an end a year ago this month, when former first minister Humza Yousaf ripped up the deal. The co-leader insisted she was "really proud" of what the Greens achieved in government. She cited increases in the Scottish Child Payment, extra funding for nature restoration, a free bus travel scheme and the introduction of emergency rent controls. While in government, Slater was criticised for overseeing the introduction of a beleaguered a bottle return deposit scheme. Since the collapse of the power-sharing deal, SNP ministers have rowed back on key greenhouse gas emissions targets and flagship plans to make homeowners switch to greener heating soon after buying a new home."We were able to push the government so much further when we were in the room," Slater said."We work well with the SNP, even in opposition, we always aim to be constructive, and we're going to continue to push them."With a Holyrood election in May next year, Slater said Green conference would be an opportunity to promote "a progressive party, pro-independence party".She described the Green as "the one party in Scotland who is absolutely committed to tackling the climate crisis and to pushing back against that far right agenda that we see rising up all over the world".
