Chamber and committees

That really helps, because that is an acknowledgement that the lack of three-year spending reviews is a barrier to multiyear funding settlements for the third sector.

Mr Westwater, hold on to your thought, because I will ask my next question and, if you can squeeze your comment in during your answer to that, please do.

This question is not about the amount of funds that the third sector gets or whether there is multiyear funding. Irrespective of the funds that the third sector gets, we are hearing that the balance between core funds, restricted funds and project-only funds and a real lack of flexibility are putting at risk the sustainability of some third sector organisations and that we need to do better on that. Do you have any comments or reflections on what those barriers are? For example, do they include the lack of flexibility and not being able to vire some money over to core funds in order to do something innovative? I see you nodding your head, Mr Frew, so I will start with you.

It is the converse, actually. The briefings that I have looked at ahead of today’s meeting say that if enforcement officers were not clear about whether items were single-use vapes, they could hesitate and not seize the items at that point. However, if the powers were drawn more broadly, they could seize the items, establish that they were single-use vapes and retain them. The instrument defines single-use vapes; it does not cover items that are suspected to be single-use vapes.

That is helpful. There was an announcement in 2022 that 65 per cent of Scotland’s train fleet would be replaced as part of modernisation and decarbonisation. I was just trying to check whether this initiative sits as part of that wider commitment. I am happy to take more information at a later date, cabinet secretary.

My second question is about the procurement process. Clearly, I want to make sure that Scottish companies can be part of the procurement supply chain. As I have done before, I note that I am delighted that the Caley works has reopened in Springburn and is now in the business of modernising and building trains, through Gibson’s Engineering Ltd. I just want to make sure that Scottish companies—wherever they are in Scotland—can be part of that huge economic, employment and skills opportunity, and get a slice of that very welcome announcement. Will the procurement process make sure that there is weighting towards Scottish supply chain businesses?

I have a couple of brief questions, cabinet secretary. First, can I check whether the announcement today is set in the context of the 2022 strategy and the Scottish Government’s commitment to replace 65 per cent of the train fleet, or about 675 carriages? That was placed on the Public Contracts Scotland website at the time. Is the announcement part of that wider modernisation and decarbonisation process?

If there is a grey area, I simply ask for a wee bit of clarity. I ask the cabinet secretary to give a commitment that, once the regulations are passed and we move into the enforcement stage, the issue will be kept under review and you will continue to work with trading standards to see whether there are any issues regarding enforcement.

Yes.

I think that I have got certainty, because trading standards are content at the moment, but my question is inspired by the fact that there are a lot of technical regulations, and we have a lot of expertise in the committee clerking team and the Scottish Parliament information centre team to identify areas where the legislation can potentially be improved.

I will move on. Another thing that we have learned on the committee is what the WEEE regulations are. For anyone who is watching the meeting, I should say that they are the waste electrical and electronic equipment regulations. I also note that a UK-wide vaping product duty will be implemented in 2026. I would like to know about the interaction between the WEEE regulations and other potential fiscal measures in relation to these matters. Take-back schemes are still required in relation to vapes and vaping products, but I understand that compliance with them has been relatively low.

That is the general context. Has the Government thought about the interaction between the WEEE regulations, the forthcoming vaping products duty in 2026 and what we hope to move to legislate on this morning?

Of course—absolutely.

I am delighted that, in a few years, we will be in a position to scrutinise all of this anyway. It is a really positive step, but I am thinking about the future situation in which such vast sums of cash are, quite rightly, going to our local authorities, and I expect that Parliament will want to keep an eye on how that money is being used and on whether local authorities are getting a reasonable share of the overall pot of cash.

It will be, convener. There will potentially be £120 million per annum going to Scottish local authorities from a system administrator, who is to be appointed. That is very welcome. On parliamentary scrutiny in relation to all of that, do you anticipate that the system administrator would come to this Parliament to explain how they arrived at the breakdown for all 32 Scottish local authorities, to ensure that they are getting an appropriate share of the pot of cash that is created across the UK? What thoughts has the Scottish Government given to ensuring that the data that we get and the cash that local authorities get will be accurate and appropriate for each local authority?

Our committee papers state:

“The SA will then distribute that funding to local authorities. It will calculate the ‘net efficient disposal costs’ (efficient disposal costs in an assessment year, less waste income for that year)”,

which is partly because certain aspects are reserved. The explanation goes on. I will not go on, convener, but it can get quite complex.