202300345169 · FOI/EIR · partially withheld
Communication between Scottish Government and UK Government regarding drinks deposit return scheme: EIR release
Information requested
All correspondence (including texts, emails and WhatsApp’s) between the Scottish Government and UK Government regarding the drinks deposit return scheme between Dec 2022 and the date of this FOI. If too much money, narrow it to Jan 2023 and this date. Has the Scottish Government asked the UK Government for a United Kingdom Internal Market Exemption for the scheme and if so what date did they ask? Can you supply correspondence where this happened. If they have not made this request, why not? A list of meetings between Scot Gov officials and UK Gov officials about the scheme and minutes from them?
Response
Question 1:
I have included copies of the information you have requested in Annex B.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in Annex A.
Question 2:
Under Regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.
The information you have requested can be found on the Scottish Government website here: Internal Market Act: correspondence.
In particular I would refer you to the timeline and process for securing an Internal Market Act (IMA) exclusion for DRS. This confirms that there is no step in the agreed process note for a ‘formal ministerial request’ for an IMA exclusion. However, the timeline confirms the steps for seeking an IMA exclusion including the actions and timing of actions taken by the Scottish Government.
Finally, you may wish to read the letter from the Minister for Green Skills, Circular Economy and Biodiversity to the Convener of the Net Zero, Energy and Transport Committee, dated 6 March 2023, which provides an update on the Internal Market Act process and can be found here: Scotland's Deposit Return scheme.
Question 3:
I have enclosed a table which includes a list of specific meetings between Scottish Government and UK Government officials where the Deposit Return Scheme was featured as part of the discussions. This table is not exhaustive and discussions about DRS may have taken place at other engagements although it should be noted that no further records are held.
Date Meeting Title 10/01/2023 SOPB Meeting 19/01/2023 UKIM Chat 19/01/2023 HMRC / DRS Catch-up 25/01/2023 DRS IMA 07/02/2023 Defra / SG Catch-up 13/02/2023 IMA Exemption 13/02/2023 Common Framework Working Group 21/02/2023 Making DRS work across the UK Workshop
I have included copies of the information you have requested in Annex C.
On reviewing materials within scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can also be found in Annex A.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Detected exemption language
Has the Scottish Government asked the UK Government for a United Kingdom Internal Market Exemption for the scheme and if so what date did they ask? Date Meeting Title 10/01/2023 SOPB Meeting 19/01/2023 UKIM Chat 19/01/2023 HMRC / DRS Catch-up 25/01/2023 DRS IMA 07/02/2023 Defra / SG Catch-up 13/02/2023 IMA Exemption 13/02/2023 Common Framework Working Group 21/02/2023 Making DRS work across the UK Workshop I have included copies of the information you have requested in Annex C.