Out-Law News 2 min. read
26 Jun 2012, 3:35 pm
Environment Secretary Richard Lochhead said that up to £5 million could be invested in "good causes" as a result of the charge once retailers have covered their costs. A three-month consultation process is due to begin this week.
The announcement follows the successful implementation of a similar scheme in Wales in 2011, while retailers in the Republic of Ireland have charged for single-use carrier bags since 2002. A consultation on the introduction of a similar charge in Northern Ireland ends on 9 July.
Retail expert Andrea McIlroy-Rose of Pinsent Masons, the law firm behind Out-Law.com, said that the Welsh example had shown that a charge could raise very substantial revenue while "dramatically reducing" plastic bag consumption.
"It is very difficult for retailers or customers to argue against a tax which helps the environment," she said. "Although some retailers have said that this will put additional pressure on them in very difficult trading conditions, as the administration costs of the other schemes average less than 5% of the revenue raised and there is no real evidence to show that the charge discourages customers it seems very likely that, following consultation, the charges will be introduced in some form in both Scotland and Northern Ireland."
The Scottish Government plans include the introduction of a mandatory charge which will be applied to "all thin gauge/disposable carrier bags, regardless of material", with a minimum charge of 5p per bag. In Northern Ireland, the 5p charge will be imposed from April 2013 and will double to 10p the following year. Multi-use carrier bags will be exempt for the first year of the scheme.
Scottish Environment Secretary Richard Lochhead said that Wales had seen a drop in bag use of between 60% and 80% in supermarket chains since the charge was introduced, according to provisional reports.
"Carrier bags are a highly visible aspect of litter," he said. "By reducing the amount being carelessly discarded we can cut litter and its impact on our environment and economy. A small charge should also encourage us all to stop and think about what we discard and what can be re-used."
The introduction of charging for carrier bags in Scotland and Northern Ireland would leave England as the only jurisdiction within the British Isles where a charge is not in operation. The Treasury was unable to confirm whether proposals for England were being considered, but a report in the Independent newspaper suggested that Chancellor of the Exchequer George Osborne was opposed to a mandatory charge.
However, McIlroy-Rose said that it was "difficult to see" how the Treasury would be able to justify a policy which was "out of step with the rest of the UK".
"Although the Treasury is denying that there are any similar plans for a tax of this type in England, it is likely to be awaiting the results of the two consultation exercises in Scotland and Northern Ireland with interest," she said.