Chamber and committees

In January 2024, Scottish Government published our draft Circular Economy & Waste Route Map which sets out a range of priority actions to deliver sustainable use of our resources and progress a circular economy in Scotland by 2030, including measures to drive responsible consumption, production and re-use.

As part of this wider work, the Scottish Government is committed to matching or exceeding the standards set out by the EU Directive on single-use plastics where we are able to do so and in a manner that contributes towards maintaining and advancing standards.

From 1 June 2022 Scotland became the first part of the UK to implement a ban on some of the most problematic single-use plastic products through the Environmental Protection (Single-use Plastic Products) (Scotland) Regulations 2021. In addition, the Scottish Government has committed to introduce a minimum charge on single-use disposable beverage cups, ban the sale and supply of single-use vapes by 1 April 2025 and ban wet wipes containing plastic.

The Scottish Government is taking action to prevent and support the removal of plastic pollution in seas and waterways through measures detailed in the Marine Litter Strategy and the National Litter and Flytipping Strategy.

The refreshed Marine Litter Strategy aims to address the amount of litter entering the marine environment, as well as to help tackle existing litter, in order to achieve ecological, economic and social benefits. The Strategy’s action plan focuses on the most problematic types of marine litter including fishing and aquaculture gear, sewage-related debris, and plastic pellets, and will drive forward our work up to 2027 co-ordinating the efforts of our stakeholders and partners, working at a national and international level to help tackle this global problem.

The Marine Litter Strategy covers a wide range of actions. We are working with the UK Government and Devolved Governments to put an end to pollution caused by wet wipes containing plastic, and we announced our intention to ban the sale and supply of these items on 22 April 2024, with legislation to be in force by mid-2026. We are also working to improve the management of end-of-life fishing and aquaculture gear to reduce litter and improve recycling rates, contributing to our circular economy. In addition, we are developing international solutions to prevent plastic pellet pollution, which can be found on our beaches and risk the health of our marine wildlife.

Litter has to be tackled from source, and in June 2023 we published a new National Litter and Flytipping Strategy for Scotland, which includes litter which may be washed from the land into waterways and the sea. This six-year Strategy aims to prevent litter and flytipping through influencing behaviour, improving the delivery of services, and strengthening enforcement. Published with an accompanying action plan, it sets out how we will achieve our vision of a Scotland not blighted by litter and flytipping.

The National Litter and Flytipping Strategy includes a variety of preventative measures. Fixed penalty notices for flytipping offences have been increased from £200 to £500 as of 1 January 2024. This is intended to act as a deterrent to flytipping and is one of the key actions for Scottish Government in the Strategy’s Year One Action Plan. In addition to fixed penalty notices, flytippers can also be issued a civil penalty by the Scottish Environment Protection Agency (SEPA). These include fixed monetary penalties of £600, and variable monetary penalties up to £40,000.

The Scottish Government is taking action to prevent and support the removal of plastic pollution in seas and waterways through measures detailed in the Marine Litter Strategy.

The refreshed Marine Litter Strategy aims to address the amount of litter entering the marine environment, as well as to help tackle existing litter, in order to achieve ecological, economic and social benefits. The Strategy’s action plan focuses on the most problematic types of marine litter including fishing and aquaculture gear, sewage-related debris, and plastic pellets, and will drive forward our work up to 2027 co-ordinating the efforts of our stakeholders and partners, working at a national and international level to help tackle this global problem.

The Scottish Government supports the removal of existing litter through funding the work of organisations that support and co-ordinate beach cleans and local community engagement, such as Local Coastal Partnerships. We have also funded litter removal offshore through KIMO’s Fishing for Litter scheme, and at our rivers with Keep Scotland Beautiful’s Upstream Battle project, preventing litter entering waterways, travelling downstream, and ultimately reaching the sea.

The Scottish Government currently monitors plastic pollution in the sea through microplastics in surface water, sea-floor litter, and beach litter. We have initiated work to collect data on plastic pollution in waterways though supporting and funding Keep Scotland Beautiful’s Upstream Battle project. The National Litter and Flytipping Strategy action plan contains a number of actions related to improving data capture on litter and flytipping, with the aim of improving our knowledge of these issues.

The Scottish Government microplastics monitoring programme began in 2013, and has undertaken annual surveys since that time. Microplastics are present in the surface waters of all Scottish Marine Regions, although have not been found to be present at all sample sites. Scottish Marine Regions next to the most urbanised and industrialised areas of the country have been shown to have higher concentrations of microplastics. Annual surveys continue to gather data, and would contribute to any baseline developed in the future.

Sea-floor litter data is collected during Scottish Government fish surveys which sample Scottish waters. There is now over 10 years of data, from 2012 onwards, which is used nationally and internationally as part of wider efforts to monitor changes in marine litter levels in the North-East Atlantic. There is evidence of an apparent decrease in litter density over time for some areas of Scotland’s seas.

The density and type of litter found on Scotland’s beaches has been recorded by the Marine Conservation Society since 1993. This data has been used by the Scottish Government to produce the pilot Scottish Beach Litter Performance Indicators. Beach litter loadings have been calculated for five sub-regions around the Scottish coastline. The amounts of litter found in the five sub-regions show a variety of trends, dependent on the litter type and location.

Information on these monitoring programmes has been published in Scotland’s Marine Assessment 2020 and can be found at https://marine.gov.scot/sma/assessment-theme/marine-litter

Research and monitoring shows that the majority of litter which ends up in the sea or in waterways has come from land-based sources. These sources include on-the-go food and drinks containers, sanitary items incorrectly disposed of through the sewer system, and flytipping. Maritime and aquatic sources also contribute to litter found at sea and in waterways, and these include maritime industries such as fishing, aquaculture, and shipping, as well as other sources such as angling.

It is Scottish Government policy to place children in secure accommodation where detention is required by the court.

Subject to Royal Assent, once the relevant provisions in the Children (Care and Justice) Scotland Bill are commenced, this will ensure that the use of Young Offenders Institutions (YOI) will be prohibited for under 18s.

The Bill passed on 25 April - discussions have already begun with secure accommodation providers, the Scottish Prison Service, The Crown Office and Procurator Fiscal Service and local authority representatives. The aim is to arrange the transition of young people from YOI to secure care or community alternatives as soon as is safely possible. We will update Parliament once firm arrangements are in place.

Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS) has confirmed that there are no cells within the SPS estate that exceed their maximum capacity.

The management of the police custody estate is a matter for Police Scotland. Cell availability across Scotland varies on a daily basis.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

A Cell Sharing Risk Assessment is conducted on every occasion where two (or more) individuals are required to share one cell.

The process is an individualised approach where the following overarching areas are considered based on the information held on each individual;

• If they are likely to cause injury or harm to each other
• If they are likely to cause damage to property
• If they are likely to otherwise prejudice the good order and running of the prison

SPS do not determine individuals as ‘high’ or ‘standard’ risk through this process as it is a dynamic process used to assess each individual’s suitability to share with another or others.

The prison population on the morning of 6 May 2024 was 8,203 in custody. Excluding people held for index offences in Group 1 (Non-Sexual Crimes of Violence) or where the index offence could not be classified or originated outwith Scotland, provides a population of 3,927 people.

Further excluding Group 2 (Sexual Crimes) index offences of rape, attempted rape and sexual assault this population totals 2,466.

The full prison population is broken down by index offence type in the following table.

Where individuals in custody are accused or convicted of multiple offences, these are summarised by index offence. This is the offence for which they have received the longest sentence or, where they are on remand, which would on average receive the longest sentence. Each may have other associated offences for which they have received shorter sentences, or for which they have not yet been convicted, which may include acts of violence. Some offences cannot be classified in this way because the charges originate in other jurisdictions or because the data required were not available at the time the snapshot was taken.