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Chamber

Meeting of the Parliament 23 January 2020

23 Jan 2020 · S5 · Meeting of the Parliament
Item of business
Consumer Scotland Bill: Stage 1

I thank the clerks of the Economy, Energy and Fair Work Committee, the Scottish Parliament information centre and all those who gave evidence on the bill.

I have to be honest and say that, when the bill was introduced, I was sceptical of the need for it. Scotland has not had a statutory body concerned with consumer affairs since the demise, in 2008, of the Scottish Consumer Council, which had been set up by the UK Parliament. My recollections of that body include its very effective engagement, in around 2000, in the lead-up to the abolition of feudal tenure. The council identified that as an important consumer issue, as the owners of homes were subject to unfair, archaic and arbitrary feudal burdens that imposed private regulation of the use of their homes. The council’s perspective was extremely valuable, coming from perhaps an unexpected source. I am therefore sympathetic to the need to have a statutory consumer body, although we need to discuss its powers in detail.

Scotland has a long history of statutory consumer law, which dates back to long before the union of 1707. Someone drew my attention to the sumptuary laws, which regulated the private consumption of goods. In 1433, an act of the Scottish Parliament limited the use of pies and baked meats to those who held the rank of baron or higher. In 1471, the Parliament restricted the wearing of silk to knights, minstrels, heralds, high-ranking burgesses and those in receipt of £100 of annual rent. Mr Stevenson may know all about that.

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
The next item of business is a debate on motion S5M-20544, in the name of Jamie Hepburn, on the Consumer Scotland Bill at stage 1. 14:52
The Minister for Business, Fair Work and Skills (Jamie Hepburn) SNP
I am very pleased to open the stage 1 debate on the Consumer Scotland Bill. Although it is a small bill, it has enormous potential to benefit the people of S...
The Deputy Presiding Officer SNP
I call Gordon Lindhurst, convener of the Economy, Energy and Fair Work Committee, to speak on behalf of the committee. 15:04
Gordon Lindhurst (Lothian) (Con) Con
There can be little doubt that consumer spending has a significant impact on the economy. We are all consumers, after all. The late Roger Scruton said that t...
Dean Lockhart (Mid Scotland and Fife) (Con) Con
I, too, thank the committee clerking team, the witnesses and all those who gave evidence at stage 1 of the bill. The Consumer Scotland Bill is enabling legi...
Jamie Hepburn SNP
Will Dean Lockhart give way?
Dean Lockhart Con
I have a long list here, but time prevents my listing the huge number of potential consumers who could benefit from the bill. If I have time, Presiding Offic...
The Deputy Presiding Officer SNP
The point is so intriguing that I am happy to hear the minister’s response.
Jamie Hepburn SNP
The fundamental point is that we want to create an organisation that is independent and can set its own priorities in looking at the issues of greatest consu...
Dean Lockhart Con
I look forward to that, because a huge number of consumers badly need protection and have been badly let down; the examples that I mentioned are just some of...
Richard Leonard (Central Scotland) (Lab) Lab
I will use the time that I have to probe the minister, to try to get some transparency where there is opaqueness and some clarity and substance where there i...
Jamie Hepburn SNP
One of the most obvious and immediate benefits is that, as a statutory entity, consumer Scotland will have powers to demand information from certain organisa...
Richard Leonard Lab
I thank the minister for that response, which was helpful and constructive. However, a question remains to be answered about the potential loss of resources ...
Jamie Hepburn SNP
Will the member take an intervention?
Richard Leonard Lab
I will.
Jamie Hepburn SNP
Consumer Scotland will not only be able to do that; as the bill sets out, it will have to do that. The bill places a duty on it to report on any investigatio...
Richard Leonard Lab
The point that I was in the middle of making, though, was about whether it will also be entitled—and, indeed, required—to make recommendations on both primar...
Jamie Hepburn SNP
They are in the bill.
Richard Leonard Lab
We will play a constructive role, but we will not shirk our responsibility to scrutinise the proposals. If the minister believes that that information is all...
Jamie Hepburn SNP
Will the member give way?
Richard Leonard Lab
I will not, as I am concluding my remarks. We will be critics not because we want the new consumer body to fail but precisely because we want it to succeed....
Andy Wightman (Lothian) (Green) Green
I thank the clerks of the Economy, Energy and Fair Work Committee, the Scottish Parliament information centre and all those who gave evidence on the bill. I...
Jackie Baillie Lab
He was there.
Andy Wightman Green
We have had important case law since then. Members will be very familiar with the case of Donoghue v Stevenson, which involved a snail and a bottle of ginger...
Jamie Hepburn SNP
Will the member give way?
Andy Wightman Green
Yes.
Jamie Hepburn SNP
I agree with the fundamental premise that Andy Wightman is laying out. However, does he accept that, in setting out that it is about reducing consumer harm, ...
Andy Wightman Green
That is a very fair point. We should not seek to amend the bill in such a way that we risk leaving things out by omission. Any conversations that we have wil...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I am new to the issue, as I do not sit on the Economy, Energy and Fair Work Committee, but I have been following the bill with interest. I echo the thanks of...
Gordon MacDonald (Edinburgh Pentlands) (SNP) SNP
Since the abolition of the Scottish Consumer Council in October 2008 by the then Labour Government, there has been no dedicated Scottish body with responsibi...