Meeting of the Parliament 23 January 2020
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 is silence and spin.
I say gently to the minister that the burden of proof in demonstrating the case for consumer Scotland rests on his shoulders. This is a Government bill with the force of Government behind it. Many of us are open minded and broadly embrace the idea, but we have yet to be convinced by legislation that is largely flat and pedestrian. We want to see a passive state give way to an active state.
Of course, there are some especially acute consumer issues in Scotland, such as the additional delivery charges that are imposed on people in the north of Scotland and on the islands. Such parcel surcharging raises fundamental questions about where such a service ought to sit between the public and the private sector, what role there is for average versus marginal pricing in the charging regime, and where our commitment to the universal obligation is.
Similarly, where is that commitment to universality when it comes to the establishment of a comprehensive broadband network or mobile phone coverage across Scotland? What rights do consumers and entire communities have to equal access? Where they exist, how can those rights be realised and, where necessary, enforced?
The objectives of consumer Scotland have not yet been defined. Some ideas, such as the duty to vulnerable customers, are welcome; however, the definition of “vulnerable customers” is not inclusive enough. I welcome the minister’s comments this afternoon about revisiting that definition.
The objectives of the new body should not be based on a desire to eliminate harm alone. We heard that language again this afternoon. Rather, it should be more proactive and concerned not only with consumer protection but with consumer benefit.
We also need to consider the definition of “consumers”, because consumers are not just individuals but communities that collectively receive things and are affected by markets operating well or failing badly. Consumer Scotland should define “consumers” to include communities of interest and of place. That will be important in ensuring that it can best assist those communities.
It is suggested that the new agency will have a research focus, which might be useful in taking an evidence-led approach to consumer detriment and consumer benefit. However, is a lot of useful evidence not already collected and presented to us by Citizens Advice Scotland? Therein lies a wider point that I think we will return to again and again this afternoon. Can the minister tell us where the added value in the proposal lies, given the existing excellent work of Citizens Advice Scotland? It has a crucial role to play.