Chamber
Meeting of the Parliament (Hybrid) 23 March 2021
23 Mar 2021 · S5 · Meeting of the Parliament
Item of business
Tied Pubs (Scotland) Bill: Stage 3
Amendment 11 seems to be aimed at ensuring that the Scottish ministers can help to contract services with other bodies to provide support to the adjudicator. The amendment is no doubt well intentioned, but it seems to be misconceived and would serve no practical purpose. There is no need for the words “may provide” to be supplemented by
“or ensure the provision of”.
If the adjudicator wants to contract with others for staff, for example, it already has powers to do that under paragraph 24 of schedule 2. Paragraph 11 of schedule 2 is a provision to empower ministers, not the adjudicator. Should the adjudicator want the sort of support with contracting that the amendment seems aimed at, ministers can already provide that, given the flexibility for them under paragraph 11 to provide “other assistance”. I therefore do not support amendment 11 and I ask Mr Wightman to consider seeking to withdraw it.
In the same item of business
The Presiding Officer (Ken Macintosh)
NPA
We move to stage 3 proceedings on the Tied Pubs (Scotland) Bill. In dealing with the amendments, members should have the bill as amended at stage 2, the mars...
The Presiding Officer
NPA
Group 1 is on the application of the Arbitration (Scotland) Act 2010 in relation to section 14. Amendment 2, in the name of Andy Wightman, is the only amendm...
Andy Wightman (Lothian) (Ind)
Ind
Amendment 2 aims to ensure the operation of an effective statutory arbitration scheme. I am concerned that the scheme as proposed in the bill is not governed...
The Minister for Business, Fair Work and Skills (Jamie Hepburn)
SNP
Let me briefly say how far we have come with the bill. At stage 2, more than 300 amendments were lodged, whereas at stage 3 we have 13 amendments to consider...
Neil Bibby (West Scotland) (Lab)
Lab
I refer members to my entry in the register of members’ interests and the support that I have received in relation to the Tied Pubs (Scotland) Bill. At the o...
Andy Wightman
Ind
I thank the minister and the member in charge of the bill for their comments, and I note the points that they have raised. I acknowledge that perhaps the iss...
The Presiding Officer
NPA
Group 2 is on investigation into changes to pub leasing arrangements before the act is fully in force. Amendment 3, in the name of Neil Bibby, is grouped wit...
Neil Bibby
Lab
I have lodged these amendments to allow the adjudicator to tackle an issue that has been of concern to the industry and to me for some time, which has taken ...
Jamie Hepburn
SNP
I recognise and understand Mr Bibby’s worries about possible avoidance behaviour by pub-owning companies in the period before the code comes into effect. Tha...
Neil Bibby
Lab
After lodging my proposal for the bill, I received numerous reports that pub companies would seek to avoid a statutory code by adjusting their operating mode...
The Presiding Officer
NPA
Group 3 is on the Scottish pubs code and a requirement to offer a guest beer agreement provided that the beer is produced by a small brewery. Amendment 4, in...
Graham Simpson (Central Scotland) (Con)
Con
These amendments would ensure that the guest beer provision could be used only by a small brewer and not by a larger multinational brewer, which would alread...
Jamie Hepburn
SNP
The guest beer provisions were the subject of considerable discussion at stage 2, when a number of similar amendments were lodged, voted on and defeated. I m...
Neil Bibby
Lab
The amendments in the group seek to restrict the guest beer right to beers from small breweries only, with the definition of “a small brewery” to be set out ...
Graham Simpson
Con
I have nothing further to add. On the basis of what has been said, I will not press amendment 4. Amendment 4, by agreement, withdrawn. Amendments 5 and 6 n...
The Presiding Officer
NPA
Group 4 is on the Scottish pubs code and the requirement to offer a market-rent-only lease. Amendment 12, in the name of Graham Simpson, is grouped with amen...
Graham Simpson
Con
My amendments 12, 13 and 8 aim to provide clarity for pub-owning businesses and tied pub tenants, who have all raised concerns about the impact on investment...
Jamie Hepburn
SNP
I welcome the amendments in this group, which concern a part of the bill that is crucial to landlords and tenants. It is clear that that remains the case fro...
Neil Bibby
Lab
Under the bill as introduced, the code required pub-owning businesses to offer a market-rent-only lease to a tenant who requested such a lease—there were no ...
The Presiding Officer
NPA
Mr Simpson, do you wish to press or to withdraw amendment 12?
Graham Simpson
Con
I wish to withdraw it. Amendment 12, by agreement, withdrawn. Amendments 13 and 8 not moved. Amendment 9 moved—Jamie Hepburn—and agreed to. Schedule 2—Sc...
The Presiding Officer
NPA
Group 5 is on the Scottish pubs code adjudicator and the power to require information. Amendment 1, in the name of Neil Bibby, is the only amendment in the g...
Neil Bibby
Lab
Amendment 1 is a minor and technical amendment. Paragraph 4 of schedule 2 deals with the adjudicator’s powers to require information, and paragraph 4(2) list...
The Presiding Officer
NPA
Minister, do you wish to add anything?
Jamie Hepburn
SNP
I will briefly commend Mr Bibby’s eagle-eyed nature and urge members to support the amendment. Amendment 1 agreed to. Amendment 10 not moved.
The Presiding Officer
NPA
Group 6 is on the Scottish pubs code adjudicator and assistance from the Scottish ministers. Amendment 11, in the name of Andy Wightman, is the only amendmen...
Andy Wightman
Ind
Amendment 11 relates to the staffing of the new adjudicator. It would allow for the Scottish ministers to “ensure the provision of” staff in respect of the a...
Jamie Hepburn
SNP
The amendment concerns the powers for the Scottish ministers to provide assistance to the adjudicator, including for staff, services or facilities, with or w...
Neil Bibby
Lab
Amendment 11 seems to be aimed at ensuring that the Scottish ministers can help to contract services with other bodies to provide support to the adjudicator....
Andy Wightman
Ind
I note the comments from the minister and Mr Bibby and I will not press the amendment. Amendment 11, by agreement, withdrawn.