Hansard

I know that those retail workers will be heartened to know that we take the issues that they face daily seriously.

Before I go much further I would like to restate my thanks to the clerks in the non-Government bills unit. It is a special feature of the Scottish Parliament that we have an enlightened process and approach to enable individual members to initiate legislation. It means that each of us has a genuine opportunity to do that. It is an opportunity that we take seriously, because it is not one that is enjoyed by all parliamentarians in all Parliaments. We should all recognise that and give thanks to the clerks in the NGBU.

The minister alluded to one of the big points in the debate, which is the broad reach of retail work. So many members told stories of their own experiences in retail work and the jobs that they have had in the past. Perhaps that should not be a surprise. As we heard from Jackie Baillie, more than 300,000 people work in retail—it is the single largest area of employment in the private sector—and more than 100,000 workers in the hospitality industry will benefit from the bill, which amounts to more than 400,000 people. For many people, retail work is their first job in the workplace and indeed, the job that they take in retirement. It affects so many different people.

The other broad point to come out of the debate, which Gordon Lindhurst made well in his speech, is that there is a cultural issue at stake. The concept of the customer always being right or being king has been taken too far. It has been interpreted by some as meaning that they can have a go simply because the person that they are speaking to is wearing a name badge and standing behind the counter. If there is one thing that we need to tackle with the bill—and I hope by taking other steps—it is that pernicious idea in our society.

I am glad that Michelle Ballantyne mentioned Pete Cheema’s evidence, because he spoke so movingly about the issues that he faces. He also spoke eloquently about the need to put the offence into law and the difference that a law can make. That is why we must at act.

Perhaps one of the most interesting issues is underreporting, which was raised by several members. There are several things to say on the topic. First, we need to look at how the police respond to retail crime. I have huge regard for the police. I have been out on several occasions with local police officers and I regularly meet my police inspector; I have good connections at all levels of the police service in Scotland. However, there is an issue with the way in which the police respond to retail crime. I have been in the presence of officers who have said that they cannot prioritise retail crime such as shoplifting because of the value of the goods concerned. When it gets to the point where a police response has a retail price on it, we have an issue. However, that is beyond the scope of what I can deal with as an individual member of the Scottish Parliament. Although I can introduce a bill, I cannot instruct the police or take other steps that other people usefully and constructively can do in relation to communication and awareness raising. However, I encourage the Government to take those steps.

Several members questioned whether the bill is necessary. I raised that point directly with the police. In 2012, the Scottish Parliament passed the bill that became the Police and Fire Reform (Scotland) Act 2012. I encourage members to read section 90 of the act, which makes it an offence to obstruct or assault a police officer. I asked Police Scotland what the usefulness of that provision was. The police were very clear: it is about the seriousness of the crime. It is quite possible to prosecute someone for assaulting a police officer without that section of the act. However, the police were clear that the act is vital because the police are charged with upholding the law. That is the same point that I make in regard to retail workers: we ask them to uphold the law and therefore they must have the specific protection of the law. It is an established principle in law that, when people have those duties, they have specific protections through specific offences.

I thought that Andy Wightman and Liam Kerr raised the most interesting points, which were about whether the bill breaks new ground and how it will operate. To some extent, Andy Wightman’s exploration of the aggravation point demonstrates how it will work. First and foremost, it will require sentencers to take such crimes more seriously and to issue sentences that are commensurate with the crimes. That is not to say that that cannot happen now, but the new law will ensure that it does happen.

Andy Wightman’s point about a general aggravation is interesting and it is one that I considered. Again, because of the restrictions in lodging a member’s bill, I decided to limit my scope to make it very clear. I was worried about the aggravation applying to other crimes and having unintended consequences. However, I absolutely agree that future legislation imposing legal obligations must take into consideration the consequences when people do not comply and ensure that there are adequate measures for compliance.

Liam Kerr asked whether the bill expands the scope or purchase of the law. I believe that the aggravation point answers that. He also asked whether the penalties were sufficient. I simply say to him that the penalties as they are set out are exactly the same as they are in the Emergency Workers (Scotland) Act 2005.

I hope that we will pass the bill at stage 1 and that members will take the opportunity to do so, because tomorrow Alex Norris MP, who is a Labour colleague in the House of Commons, will introduce the second reading of his bill, which does very similar things. We have the opportunity to lead the way, as we have led the way in the past on the smoking ban, which was adopted elsewhere and was controversial at the time, and on minimum unit pricing, which was also controversial.

At decision time, let us lead the way again. Let us give shop workers the protections that they need and that they deserve. I urge all members to support the motion and my bill at stage 1.