Meeting of the Parliament (Hybrid) 26 November 2020
I express my empathy for the bill’s principles. My grandfather will be spinning in his grave at a high rate of knots because he was a member of the Independent Order of Rechabites, which a long time ago was a home for people who were teetotallers and campaigned against the evils of drink.
However, I have significant issues with the way in which the bill is drafted. I have come to it relatively late. My starting point is always to look at the bill itself. The first point that I address is a straightforward and simple one that could easily be remedied. On page 1 of the bill, the regulatory principles are stated to include
“the principle of fair and lawful dealing by pub-owning businesses”.
It is extraordinary that a piece of legislation should legislate to say that people must obey the law, so I would simply take those words out.
That is a comparatively trivial matter, but bigger issues emerge when we consider the definitions of “tied pub” in section 20 and “tied-pub tenant” and “pub-owing business” in section 21. I am taken back to what happened after the Agricultural Holdings (Scotland) Act 1991 was passed, when we saw the introduction of the limited partnership as a way of bypassing the provisions of that act, meaning that the owner of the land could terminate the relationship at any time. The way in which the bill that is before us is drawn would present similar difficulties if we were to have pub-owing businesses that wanted to act in a certain way.
For example, it might be possible to say that, if someone wants to operate a pub that is owned by someone else, they will have to become a shareholder in a shared company. That would not create the relationship of landlord and tenant on which the bill relies, but it would still create the opportunity, within the company organisation that had been established, to create a dependency such that people had to buy their beer from a particular source.
The second thing that one might do if one wanted to thwart the way in which the definitions currently operate might be to operate through a sub-tenancy, in that the tenant could be allowed to create sub-tenancies. It appears that, as the bill is currently structured, that might break the link on which it depends between the landlord being a pub-owning business and the tenant, because the tenant would not necessarily be a pub-owning business. Indeed, it would merely be a tenant of another company.
There are some practical difficulties, but that does not mean that we should vote against the principles of the bill if our judgment is that it is possible to amend the bill at stages 2 and 3 to remedy those difficulties and some other rather substantial difficulties that I think there are with the bill, because when I look at something and I find such straightforward ways of thwarting the means of the bill, I carry with me quite considerable doubt. However, my ingenuity as a non-legally qualified person is substantially less than that of others, so I hope that Parliament will look at the bill carefully as it proceeds through stages and 2 and 3, as I expect it will. I support the principles of the bill and I will vote for it, with some reluctance, at decision time.
18:06