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Plenary, 07 Mar 2007

07 Mar 2007 · S2 · Plenary

Item of business

Christmas Day and New Year's Day Trading (Scotland) Bill:<br />Stage 3

Jamieson, Cathy Lab Carrick, Cumnock and Doon Valley Watch on SPTV

The bill is an important measure that sets out to prohibit large shops from making retail sales on our two traditionally most important public holidays. There is no doubt that the bill is motivated by the desire to keep Christmas and new year special. In these materialistic times, it is important that those annual celebrations are kept special and that most people can take time off to be with their families. It is also important to bear it in mind that at stage 1 and since then, no one has desired that either of those days become general trading days in Scotland.

The bill is about trading and not about employment rights, which are reserved to the Westminster Parliament. Legislation cannot cover every eventuality. For example, many people who are involved in essential services need to work or to be on call on public holidays, which include Christmas day and new year's day. Some people choose, for a variety of reasons, to work on those days and to take holidays at other times. As members throughout the chamber will acknowledge, some trade union members—including Union of Shop, Distributive and Allied Workers members—work well behind the scenes in the retail and distribution sectors. The bill would not necessarily cover them.

As we said at stage 1, we agree broadly with the bill's purposes. However, in debate at stage 1 and subsequently, it has been clear that a range of views exists in Parliament. Some concerns were expressed at stage 1 and a range of views continues to exist in Parliament and, I suspect, within political parties. Some members wish to reject the bill entirely and prefer a more free-market approach, to which I do not subscribe. Others argue—mainly on economic grounds—that Christmas day and new year's day should not be treated in the same way. We have debated that. Others feel that the bill should be passed and that it might not go far enough.

The Executive's job is often to weave its way through the intricacies and complexities of the arguments to find the right balance of views, to establish a consensus—if possible—and to find common ground and agreement about how to enact Parliament's will. In this instance, the question is how to protect the special nature of Christmas day and new year's day without unnecessary regulation.

At stage 1, cross-party support was expressed for action in relation to Christmas day—no one would argue about that. However, as I said, the debate about new year's day was unresolved, which is why the Executive made it clear at stage 1 that it would lodge amendments to allow the debate to take place, which we have done.

The Justice 2 Committee acknowledged at stage 1 that both sides' evidence on the impacts on enterprise and on tourism had weaknesses. Another new year's day has taken place since the bill was introduced, which has added a bit to our knowledge, but the evidence is still incomplete and that is why it is important to conduct a full assessment of the economic and social impacts of banning opening on new year's day, and of the impacts on family life of opening shops on that day. I want to do that properly and thoroughly.

My commitment, on the Executive's behalf, is to proceed with that work in conjunction with all the relevant interests. Amendments 1, 2 and 3 spell that out. Organisations that have interests include trade unions, the Scottish Retail Consortium and local authorities—particularly those in Glasgow and Edinburgh, which have expressed concerns. Amendment 2 says that all councils—all have an interest—will be consulted.

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Plenary, 07 Mar 2007

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