Chamber and committees

I am not sure whether it is quantifiable, so I will look to my officials.

There are a number of things in there. All four nations have tried to engineer the regulations to future proof them to make sure that the definition that was developed alongside all the other nations takes into account the kind of feedback that you have just given. Single-use vapes are defined in the regulations as products that are “not rechargeable” or “not refillable”. In effect, in order not to be caught by the regulations, the vape has to be rechargeable and refillable. In order to be considered rechargeable, it has to have a rechargeable battery and, separately, a replaceable coil. That seems to be quite a narrow definition, and I hope that it addresses some of your points.

Notwithstanding that, there is a huge industry associated with the manufacture of single-use vapes. It is not in the UK; it is usually in China. Are there going to be attempts to re-engineer them in a way that takes the regulations into account? Potentially, yes. We are alive to that. The very fact that they are in the regulations means that, as the four nations implement the ban, we will have to keep a keen eye on any innovations that in effect work around the regulations. We want to be able to respond to any risks that might arise, such as those resulting from innovation.

However, the regulations are quite tight in identifying the type of products in the market today that we want to take out of the system, as well as what is not a disposable vape. That addresses Jackie Dunbar’s point that, for many people, using rechargeable and refillable vapes is part of their journey away from smoking.

I do not want to go too much into DRS, but I will give you an update. Obviously, DRS regulations will be completely separate from the EPR regulations. It is another area in which we are working very closely with the other three nations of the UK, and we have signed up to work with the UK Government on DRS regulations. When the new UK Government came in, I wrote to it to reiterate our stance on DRS.

I will hand over to my official to talk about the interaction between the EPR regulations and DRS.

I think that we are on record as saying that we aim to publish that by the end of the year, so nothing has changed in that respect.

No. We will take things as they come. I have asked for clarification first. I have mentioned that that mechanism exists. I do not want to have to use it; I want us to go together.

That is a fair assessment.

On that, we have written to the UK Government to reiterate the position that we had signed up to with the previous Government before the general election. We had said that we would work in lock step with the other nations to roll out the DRS. In the same vein as the previous discussion around vaping, I have been in touch with them about moving ahead on that on a four-nations basis. I will keep you updated on that, but our position remains that we want a DRS working as soon as possible.

The thing is that you cannot give assurance about future budget settlements at all, Mr Lumsden, as you know. I am not in a position to say what will happen in future with regard to council tax settlements. However, it is about the fundamental principle that, with regard to waste management, the four nations of the UK are, as a whole, moving towards the responsibility for paying for the handling of waste coming not from the public purse but from the producers of the items that we use.

I do not know whether David McPhee wants to come in.

That is my understanding. Maybe my officials can help. Is your point that the enforcement officers might take items that are not single-use vapes in error?

I am going to have to bring in my officials. The WEEE regulations concern things such as the take-back of rechargeable items. Now that the regulations that we are considering today are coming in, there will not be that take-back responsibility. Can I bring in my official on that specific point?