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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
Lyle, Richard SNP Uddingston and Bellshill Watch on SPTV

I welcome the opportunity to contribute to this important debate on the Consumer Scotland Bill.

Safeguarding consumers’ interests and making sure that they can play a part in building a more inclusive, sustainable economy is a key priority of the Scottish Government. The achievement of that priority will be assisted by the actions that will be taken through the bill, which include the establishment of consumer Scotland and the introduction of a duty on relevant public authorities to have regard to impacts on consumers and to the desirability of reducing consumer harm when they make strategic decisions in the course of delivering their functions.

I am sure that the Scottish Government recognises that the consumer landscape is complex. To ensure that consumer Scotland adds genuine value, it must be developed in collaboration with stakeholders.

As well as establishing consumer Scotland, the bill will put consumers at the heart of policy making through the consumer duty. The new duty will require that, when a relevant public authority makes decisions of a strategic nature about how to exercise its functions, it must have regard to the impact of those decisions on consumers in Scotland and to the desirability of reducing harm to consumers.

The complexity and fragmentation of the landscape, particularly with regard to consumer advice services, is a concern. In responses to the Government’s consultation, it was repeatedly suggested that consumer Scotland should address that issue.

I have already mentioned that, to ensure that they add value, stakeholder engagement and collaborative working have already taken place. Indeed, there has been extensive stakeholder engagement, and I am certain that it will continue throughout the passage of the bill.

Another key deliverable from the bill will be the creation of an independent consumer champion that is dedicated to representing the interests of consumers. Consumer Scotland will act as a consumer champion at a time when we are exiting the European Union and face rising prices, a climate emergency and rapid technological advances. It is more important than ever that there is a strong voice to champion the interests of consumers and ensure that they are not left behind.

Consumer Scotland will move beyond simply highlighting problems to actively seeking solutions that can make a real difference to the lives of consumers. It will recognise and understand our distinct circumstances, such as those of our rural population and our devolved industries. By enshrining the body in statute, we will send a clear signal that the Scottish Government sees consumer fairness as a key part of our wider fairer Scotland agenda. Crucially, as a public body that is accountable to Parliament, consumer Scotland will have to demonstrate that it is providing value for public money by driving forward real change for people in Scotland.

The Scottish Government will continue to work with stakeholders to ensure that consumer Scotland does not duplicate existing good work in the consumer protection landscape. I am sure that, in doing so, the Scottish Government will recognise, for example, that Citizens Advice Scotland has an important place in that landscape and is committed to continuing to give a voice to many vulnerable consumers. A separate consumer body will allow Citizens Advice Scotland to focus on its core role of supporting the bureau network to deliver advice to vulnerable citizens and to advocate on their behalf.

Consumer Scotland will have a broader remit than CAS has. It will have the responsibility of building a comprehensive, evidence-based picture of consumer harm across Scotland and of identifying the solutions that are needed to tackle that harm. Consumer Scotland’s advocacy for all consumers will benefit the bureaux by allowing them to focus resources on those consumers who may need more interventionist support.

Another issue that I would like to focus on is the economic importance of consumers, who are vital to our economy and to achieving vital policy outcomes such as the decarbonisation of our economy and a reduction in our use of plastic. Some figures estimate that consumers account for 60 per cent of spending in the economy. We cannot grow our economy without them, and we cannot achieve the kind of inclusive growth that we want if consumers are not treated fairly or feel unable to use their spending power to reflect the things that they care about as citizens.

We know that systemic consumer harm, or unequal consumer outcomes, can have far-reaching consequences such as the fact that those who live in poverty routinely pay more for essential goods and services. Consumers need a strong champion to challenge those inequalities and to empower them to speak up for themselves.

Consumer Scotland will not work alone. It will work with a variety of organisations that already provide advice and support to consumers, such as Citizens Advice Scotland, Which? and Advice Direct Scotland.

Given the current climate emergency, consumers will have a vital role to play if we are to transform our economy so that it becomes more sustainable and we achieve our carbon emission targets. To do that successfully, we must support consumers to change their own behaviour and encourage businesses to change theirs. The establishment of consumer Scotland and the introduction of the consumer duty will help us to achieve those aims.

An example of the sort of issue that consumer Scotland could investigate is one that colleagues such as Richard Lochhead, Gail Ross and others have been particularly vocal in raising awareness of both in and outwith this chamber: parcel deliveries. Consumers in rural and Highland areas suffer a long-standing detriment in that they sometimes pay up to 50 per cent more in delivery charges than consumers across the rest of the UK pay. Although the area is reserved to the UK Government, the Scottish Government has led on actions to tackle the issue—for example, by developing a statement of principles for use by retailers. However, the problem persists. A consumer body that was dedicated solely to Scottish issues could fully explore the underlying causes and propose to businesses and regulatory authorities practical solutions for reducing consumer detriment, which would be welcomed.

I noted with interest the comments of Caroline Normand, which were set out eloquently by my colleague Gordon MacDonald. She said:

“The move to create a dedicated consumer body backed by the Scottish Government to tackle these chronic issues is very positive.”

The mission and the ambition is to improve the lives of ordinary people across Scotland. I welcome the bill and look forward to supporting it.

16:14  

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...