Meeting of the Parliament (Hybrid) 20 May 2020
No, I will not take an intervention. [Interruption.] The other reason why I will not take an intervention is that everything that Mr Findlay has said this afternoon, he said at stage 2—every single thing. There is an issue about members coming back to the chamber with a slightly altered amendment and simply repeating themselves.
I have to say that Mr Findlay’s two amendments are not the way to take forward emergency legislation. I do not oppose trade union involvement and I do not oppose trade union membership—indeed, I am a member of a trade union myself. However, I oppose the assumption that, if someone does not support Mr Findlay, they are opposed to trade unions. That is not true and I will not allow it to be said to be true.
Let us now deal with the substance of the amendments. Mr Findlay knows this, because I told him yesterday—it is either that or his attention span is very short, indeed—[Interruption.] Well, people who know Mr Findlay better than I do will have to make a judgment on that issue. He was told yesterday that genuine workforce engagement, such as trade union recognition, is one of the five key criteria for accessing grants. It has been attached to business support grants that are awarded by Scottish Enterprise since April 2019, and from April 2020 it also applies to grants that are awarded to businesses by the other enterprise agencies.
In addition to that, the new pivotal enterprise resilience fund and the creative, tourism and hospitality enterprises hardship fund, which have been introduced specifically to mitigate the impacts of Covid-19, ask grant applicants to demonstrate similar commitment. There is therefore no intention of excluding unions. It is quite the reverse—the conditions indicate that they should be there.
Mr Findlay knows that that is the case and he is back here again not because he assumes that the amendment will be agreed to but because he can virtuously wave and say, “Look at what the bad people have done to me.” That is in fact also true of his second amendment. The second one is perhaps almost worse, because with it he is lodging an amendment that is not just from yesterday but, by his own admission, six years old. Nonetheless, he is bringing it back yet again in circumstances in which he knows it would be impossible to put it in place. We will hear other impossibilist demands later this afternoon, which I shall address in those terms.
Mr Findlay knows that the legal position remains as it was at the time that this was considered for the purpose of the Procurement Reform (Scotland) Act 2014. The power to set the rate of a living wage is reserved to Westminster. I would much rather that Westminster was not involved, but it is. The Scottish Government will, however, use the levers at its disposal to address the living wage and procurement. We have issued both statutory guidance and best-practice guidance to public bodies on addressing fair work practices, including the living wage and procurement. That guidance applies to all regulated contracts, whether relating to coronavirus or not.
Both of Neil Findlay’s amendments are therefore a chimera and they should not be considered seriously. I want to make sure that there is as much consultation with trade unions as possible. I have been a member of a trade union for all my working life and I will not be lectured to by Neil Findlay on what he thinks I should be measuring up to. [Interruption.]
Let me now turn to something more constructive. I thank Mr Harvie for lodging something more constructive and for doing what I have been talking about. Mr Harvie came to this debate and to this bill with a proposal that he wished to see on the face of the bill. There has been a constructive discussion about that proposal and the Government will accept amendment 93. We will not accept amendment 94, as we think that to do so creates difficulty, but we have worked together on amendment 93 and it does what the people of Scotland want us to do.
I do not believe that the difficulties for local authorities would be insurmountable in any sense. Grant conditions are applied presently to all those who apply to local authorities. They are easily met and there is a process of discussion and debate for those who cannot meet them. All MSPs know that we get that from constituents all the time, and that is where we would be.
I think that amendment 93 is proportionate and simple and says something that the people of Scotland believe to be true. Moreover, it has been the result of the type of discussion and consultation that means that it is possible for the Government to work with an Opposition party to make progress on something important, and I thank Mr Harvie for that.
I am sorry that I cannot move further with regard to amendment 94, but I will encourage the chamber to support amendment 93. Having heard Mr Fraser say that he believes in the principle of it, I am sure that he will also remember the Westminster maxim that the vote follows the voice, and that he will support the amendment.