Waste firm given go ahead to sue government over recycling 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.

A spokesperson for Biffa said: “We are pleased to have received approval from the Court of Session to proceed with legal action to seek appropriate compensation for the losses Biffa has incurred.”

Scottish Conservative MSP Maurice Golden said: “The SNP-Greens’ hopelessly botched and abandoned deposit return scheme leaves taxpayers wide open to a huge compensation payout.”