Committee
Economy, Energy and Fair Work Committee 02 March 2021
02 Mar 2021 · S5 · Economy, Energy and Fair Work Committee
Item of business
Tied Pubs (Scotland) Bill: Stage 2
I lodged amendment 9 because there is no provision in the bill to allow a right of appeal for businesses to challenge the imposition of or the amount of the adjudicator’s annual levy. The amendment will enable businesses to challenge levies that they consider to be unfair or unreasonable and to appeal to the sheriff court. That will be consistent with other appeal processes that are introduced under the bill if Neil Bibby’s amendments 12 and 13, which are to be debated in a later group, are agreed to. I say now, as I will say again later, that I support those amendments. Amendment 9 is valuable as it will ensure fairness for business. Amendment 10 was lodged to clarify the responsibilities of the Scottish ministers when drafting the Scottish pubs code and to avoid uncertainty over the status of the code. The regulatory principles are fair in themselves and they underline the central tenet of the bill, which is fairness and balance in the relationship between landlords and tenants. However, the drafting of section 3(1) is subjective. It could undermine the code and create uncertainty for tenants and pub-owning companies alike. Amendment 10 will require ministers to “use their best endeavours” in exercising the power to make the code consistent with the regulatory principles. I believe that that is more appropriate and more legally sound. Amendment 11 was lodged to ensure that a consistent approach is taken with regard to the application of the regulatory principles for the adjudicator. I was going to speak to all the other amendments in the group, but I will be a bit quicker as I will speak only to those that were lodged by Mr Bibby. Amendments 1 to 3 relate to something that I set out as being important in the stage 1 debate—that sufficient time must be given to draft the code that the bill requires. I am grateful to Mr Bibby for the time that he spent discussing the matter with me. He will speak to his amendments, but I agree that we need two years rather than one to publish the code. We need time to do this properly. As I made clear last week, we need to consult stakeholders fully to ensure that we get the code right. I also agree that to have a first review of the code after two years and a further review every three years thereafter is a sensible timescale that will allow time for any changes to bed in and avoid a constant cycle of review. I ask members to support amendments 9 to 11 as well as Mr Bibby’s amendments in the group. I move amendment 9.
In the same item of business
The Convener
Con
Welcome back to the meeting. Agenda item 6 is our continued consideration of the Tied Pubs (Scotland) Bill at stage 2. I again welcome Neil Bibby, who is th...
The Convener
Con
We begin consideration of amendments by returning to the group on the requirement to offer a market-rent-only lease. We have heard from all members with amen...
Neil Bibby (West Scotland) (Lab)
Lab
Good morning. I refer members to my entry in the register of members’ interests, as I did last week. Before I speak to this group of amendments, I thank com...
The Convener
Con
I invite Graham Simpson to wind up, press or withdraw amendment 48 and to give any other indications that he wishes to at this point. 08:15
Graham Simpson (Central Scotland) (Con)
Con
I welcome Neil Bibby and, indeed, the minister back to the committee. Members are well aware that we had something of a marathon session last week. Our appro...
The Convener
Con
I thank Mr Simpson for his indication prior to the meeting regarding his intention not to move the amendments that he referred to. However, we will have to c...
The Convener
Con
I turn to amendment 49, in the name of Maurice Golden. Although Mr Simpson has already given us an indication regarding that amendment, I invite Mr Golden to...
Maurice Golden (West Scotland) (Con)
Con
I had a meeting yesterday with the member who is proposing the bill, Neil Bibby, and we agreed to work together constructively at stage 3. That offer would e...
The Convener
Con
I call on Richard Lyle to move or not move amendment 52. He may, as other committee members have done, also give an indication about his other amendments.
Richard Lyle (Uddingston and Bellshill) (SNP)
SNP
Since consensus is breaking out all over the land, in keeping with the comments of my Tory colleagues, I am quite happy not to move my amendment either. Sinc...
The Convener
Con
Does the minister wish to move amendment 5?
Jamie Hepburn
SNP
I hope that the committee will forgive me, convener, but I wish to move amendment 5.
The Convener
Con
I do not think that we need to forgive you on this occasion. Amendment 5 moved—Jamie Hepburn—and agreed to.
The Convener
Con
Rachael Hamilton is not present at today’s meeting. She has indicated that she will not move amendments 53 and 54. Amendments 53 and 54 not moved. Amendme...
The Convener
Con
Alexander Stewart is not present at today’s meeting and has indicated that he does not intend to move amendment 57. Amendment 57 not moved.
The Convener
Con
Does Michelle Ballantyne wish to move amendment 58?
Michelle Ballantyne (South Scotland) (Reform)
Reform
As has been said, it became apparent at last week’s meeting that there would not be support for amendments to the bill other than the ones that the minister ...
The Convener
Con
Jeremy Balfour is not present at today’s meeting, but he indicated that he does not wish to move any of his amendments in this group. Amendments 67 not moved.
The Convener
Con
Amendments 67A, 67B and 67C therefore fall. Amendments 6 to 8 moved—Jamie Hepburn—and agreed to. Amendments 68 to 84 not moved. Schedule 1, as amended, ag...
The Convener
Con
The next group of amendments is entitled “Scottish Pubs Code Adjudicator and Scottish Ministers’ duty to seek to make code and appoint adjudicator”. Amendmen...
The Convener
Con
Amendment 99A falls. Amendments 100, 103, 101, 102 and 104 to 121 not moved.
The Convener
Con
I invite the minister to speak to amendment 9 and other amendments in the group.
Jamie Hepburn
SNP
I lodged amendment 9 because there is no provision in the bill to allow a right of appeal for businesses to challenge the imposition of or the amount of the ...
The Convener
Con
I invite Neil Bibby to speak to amendment 1 and the other amendments in the group.
Neil Bibby
Lab
I thank those members who have agreed to withdraw or not move their amendments for doing so and for the spirit of their comments. As Michelle Ballantyne said...
The Convener
Con
As no other member wishes to speak on the group, I ask the minister to wind up.
Jamie Hepburn
SNP
As Mr Bibby mentioned, the amendments that relate to the appeals process are designed to ensure that the bill is fair and proportionate, but also as robust a...
The Convener
Con
Amendments 130A and 130B fall. Amendments 132 to 141 not moved. Schedule 2, as amended, agreed to. Section 3—Duty to act consistently with regulatory prin...
The Convener
Con
The next group is on unenforceability of contract terms. Amendment 174, in the name of Michelle Ballantyne, is grouped with amendment 175. Amendments 174 an...
The Convener
Con
The next group is on investigation by the adjudicator. Amendments 176 to 178 not moved. Section 8 agreed to. Section 9—Enforcement action Amendments 17...