Meeting of the Parliament (Hybrid) 23 March 2021
Let me briefly say how far we have come with the bill. At stage 2, more than 300 amendments were lodged, whereas at stage 3 we have 13 amendments to consider—I am sure that I am not alone in welcoming that.
The issue that amendment 2 seeks to address did not come up at stage 2. As Andy Wightman said—he is well informed—the Government does not support amendment 2. As we heard, it would apply the arbitration scheme as set out in the provisions of the Arbitration (Scotland) Act 2010 as if those provisions were in force. In the Government’s view, and in my view, having discussed the matter with Neil Bibby, the member in charge of the bill, amendment 2 is not necessary and would create rather than resolve issues when it came to conducting arbitrations under the bill.
One difficulty with amendment 2 is that it would apply the arbitration rules in the 2010 act without resolving potential clashes between provisions in the bill, such as those at sections 16 and 17 on fees and expenses, and provisions in the rules on that. Some of that may be resolved by section 16(3) of the 2010 act, which provides generally that the bill’s provisions trump the rules in some cases, but that sort of clash is what the power to modify legislation in section 17 of the 2010 act was designed to sort out.
The delegated powers in the bill and in the 2010 act will allow ministers to consider how the Scottish arbitration rules regime should most appropriately be applied in the context of the bill. That is in tandem with the process of drafting and consulting on the Scottish pubs code, which is where the detailed regulatory provisions will lie.
Appropriate arbitration is important for business and, as the Minister for Business, Fair Work and Skills, I recognise arbitration as a cost-effective, fast and flexible way of resolving disputes outside the courts. I am keen, therefore, that we get this right. I reassure members and any stakeholders who are watching, including the Scottish Arbitration Centre, that any issues can be worked through properly through consultation and engagement. That engagement will, of course, include the Scottish Arbitration Centre, whose knowledge and input is valued. The time for such engagement, though, is when the code is being developed and not when the overarching legislation is being discussed. I therefore call on members not to support amendment 2.