Chamber
Meeting of the Parliament 08 December 2011
08 Dec 2011 · S4 · Meeting of the Parliament
Item of business
Regulatory Framework
I welcome the opportunity to speak about regulation. I have a business background and so have some experience of red tape and compliance, and several weeks ago, I joined the Scottish Parliament business exchange. I am therefore mindful of the business community’s concerns about the regulatory framework in which it must operate.
From dealing with recruitment and selection to health and safety and equal opportunities, businesses must take full account of the rules and regulations that are placed before them. Excessive or uneven regulation can be a headache for small businesses, which is why it is so important that the regulatory review group has a clear and consistent approach to the issue.
Most businesses understand the need for proper regulation in the economy, but they also hope and expect that regulators will be sympathetic to their needs and the demands that they have to contend with on a day-to-day basis. Regulators have to remember that small businesses and independent firms do not have dedicated compliance functions, and the Scottish Government has to ensure that the training on compliance through business gateways is advertised and fully promoted.
Of course, we all represent a much broader constituency than the business community. Each of us, in our own way, has an understanding of the public interest and an understanding that economic growth is not the sole objective of any Government. We have duties to protect the environment, to preserve our heritage, to achieve equality and to defend the rights of workers, consumers and families across Scotland. There is some recognition in the Government’s motion of those tensions—tensions between growth and other gains—but I would argue that good, proper, effective regulation can help rather than hinder economic growth.
There is some recognition of that out there in the Scottish economy and in Scottish society. Overall, the tone of the debate about regulation is much more sedate, dignified and constructive in Scotland than elsewhere in the United Kingdom. When the previous Administration set up the regulatory review group, it tasked the group with the job not of deregulation or reregulation but of better regulation. I am glad that the review group continues to approach the issue in that way.
The Scottish Government’s economic strategy prioritises seven key sectors: the creative industries; energy and renewables; financial services; food and drink; life sciences; tourism; and Scotland’s universities. I know that the regulatory review group is independent of Government, but I suggest to the minister that it might be worth while to ask the group to look into those sectors. A timely and measured assessment of the regulation landscape in the creative industries or life sciences would allow us to address barriers to growth. It would also allow us to consider how those sectors can grow and develop in a fair, balanced and sustainable way.
We can see from its annual report that a large part of the group’s work has involved monitoring the introduction and implementation of business and regulatory impact assessments. Annex 6 of the report shows that the Scottish Government regards those assessments as mandatory unless a ministerial exemption is granted. Will the minister say how many exemptions have been granted and, in each of those cases, why? How does he differentiate between cases in which the exemption is justified and those cases in which it is not?
I turn finally to the issue of procurement. I have spoken at length in other debates about youth unemployment, skills and training, and I believe that, through community benefit clauses, we can use public procurement to regenerate communities and to help young people into work. EU rules on state aid allow the Government to intervene in certain circumstances to help disadvantaged groups, and I regard all the young people in Scotland aged between 16 and 24 who are struggling to find work as being at a disadvantage. Those who have a disability or are part of a minority are often pushed even further from the labour market.
I believe that regulation and procurement can and should drive real change in the Scottish economy. For that reason, I encourage members to support the Labour amendment.
10:18
From dealing with recruitment and selection to health and safety and equal opportunities, businesses must take full account of the rules and regulations that are placed before them. Excessive or uneven regulation can be a headache for small businesses, which is why it is so important that the regulatory review group has a clear and consistent approach to the issue.
Most businesses understand the need for proper regulation in the economy, but they also hope and expect that regulators will be sympathetic to their needs and the demands that they have to contend with on a day-to-day basis. Regulators have to remember that small businesses and independent firms do not have dedicated compliance functions, and the Scottish Government has to ensure that the training on compliance through business gateways is advertised and fully promoted.
Of course, we all represent a much broader constituency than the business community. Each of us, in our own way, has an understanding of the public interest and an understanding that economic growth is not the sole objective of any Government. We have duties to protect the environment, to preserve our heritage, to achieve equality and to defend the rights of workers, consumers and families across Scotland. There is some recognition in the Government’s motion of those tensions—tensions between growth and other gains—but I would argue that good, proper, effective regulation can help rather than hinder economic growth.
There is some recognition of that out there in the Scottish economy and in Scottish society. Overall, the tone of the debate about regulation is much more sedate, dignified and constructive in Scotland than elsewhere in the United Kingdom. When the previous Administration set up the regulatory review group, it tasked the group with the job not of deregulation or reregulation but of better regulation. I am glad that the review group continues to approach the issue in that way.
The Scottish Government’s economic strategy prioritises seven key sectors: the creative industries; energy and renewables; financial services; food and drink; life sciences; tourism; and Scotland’s universities. I know that the regulatory review group is independent of Government, but I suggest to the minister that it might be worth while to ask the group to look into those sectors. A timely and measured assessment of the regulation landscape in the creative industries or life sciences would allow us to address barriers to growth. It would also allow us to consider how those sectors can grow and develop in a fair, balanced and sustainable way.
We can see from its annual report that a large part of the group’s work has involved monitoring the introduction and implementation of business and regulatory impact assessments. Annex 6 of the report shows that the Scottish Government regards those assessments as mandatory unless a ministerial exemption is granted. Will the minister say how many exemptions have been granted and, in each of those cases, why? How does he differentiate between cases in which the exemption is justified and those cases in which it is not?
I turn finally to the issue of procurement. I have spoken at length in other debates about youth unemployment, skills and training, and I believe that, through community benefit clauses, we can use public procurement to regenerate communities and to help young people into work. EU rules on state aid allow the Government to intervene in certain circumstances to help disadvantaged groups, and I regard all the young people in Scotland aged between 16 and 24 who are struggling to find work as being at a disadvantage. Those who have a disability or are part of a minority are often pushed even further from the labour market.
I believe that regulation and procurement can and should drive real change in the Scottish economy. For that reason, I encourage members to support the Labour amendment.
10:18
In the same item of business
The Presiding Officer (Tricia Marwick)
NPA
Good morning. The first item of business is a debate on motion S4M-01526, in the name of Fergus Ewing, on the regulatory framework. Any members who wish to s...
The Minister for Energy, Enterprise and Tourism (Fergus Ewing)
SNP
Ronald Reagan famously said: “The nine most terrifying words in the English language are, “I’m from the Government and I’m here to help.”As someone who for 1...
Tavish Scott (Shetland Islands) (LD)
LD
I take Fergus Ewing’s point about the cases he has highlighted, but when did he change his mind to not being in favour of the one in, one out approach, given...
Fergus Ewing
SNP
No. We have never supported an arbitrary process that involves the mathematical approach of one in, one out. The Government has not espoused that approach.
Gavin Brown (Lothian) (Con)
Con
Will the minister give way?
Fergus Ewing
SNP
No, I will not. I will carry on for the reason that I have just described.Without regulation, property rights would not exist and international trade would n...
Gavin Brown
Con
Will the minister give way?
Fergus Ewing
SNP
No. I will move on and perhaps take an intervention from Gavin Brown later, if I feel like it.As I said, such targets create their own new bureaucracy that a...
Gavin Brown
Con
Will the minister give way?
Fergus Ewing
SNP
I am in a good mood this morning, so I will.
Gavin Brown
Con
I am extremely grateful.Does the minister believe that if a regulation is likely to, or could, have an impact on the economy, there ought to be a business an...
Fergus Ewing
SNP
Generally speaking, a BRIA should be carried out, but we must have regard to whether it would be disproportionate for that to be done. For example, if only 0...
Mary Scanlon (Highlands and Islands) (Con)
Con
I note the progress that the minister has outlined.Professor Russel Griggs says that he is disappointed that there has still been no reply to the recommendat...
Fergus Ewing
SNP
I am sure that we wish to engage fully with COSLA on all such matters. Professor Griggs has drawn that to our attention and it will be pursued. I thank Mary ...
Rhoda Grant (Highlands and Islands) (Lab)
Lab
I welcome this debate, albeit that it is a little dry. Discussion of the subject is timely and extremely important. Our economy is struggling and we need to ...
Mark McDonald (North East Scotland) (SNP)
SNP
Rhoda Grant will be aware that many procurement contracts are bound by European procurement regulations, which mean that such companies are entitled to bid f...
Rhoda Grant
Lab
I think that Mark McDonald misunderstands where I am coming from. I am not suggesting that such companies should not be able to bid, as they can under Europe...
Mark McDonald
SNP
I agree with Rhoda Grant. Does she agree that one way around that situation would be for more companies to enter into consortia arrangements to bid for contr...
Rhoda Grant
Lab
I agree that that is worth exploring, but a lot of small companies do not have the resources to join consortia. I have spoken to large companies that have sp...
Gavin Brown (Lothian) (Con)
Con
My colleague, Mary Scanlon, learned yesterday of the dangers of pre-judging a debate or a speech. She had intended to begin her speech by saying how disappoi...
Chic Brodie (South Scotland) (SNP)
SNP
Will the member take an intervention?
Gavin Brown
Con
I am so pleased that Chic Brodie wants to intervene; I will definitely take his intervention.
Chic Brodie
SNP
I am glad that we agree on something this morning. The Conservatives go on about the special relationship with the United States. Now, apparently, they have ...
The Presiding Officer
NPA
I will compensate Mr Brown for that long intervention.
Gavin Brown
Con
Mr Brodie should quit while he is behind, Presiding Officer. I have a quote from Chic Brodie, in the Economy, Energy and Tourism Committee, when he discussed...
Nigel Don (Angus North and Mearns) (SNP)
SNP
I will look at the quite brief history of the regulatory review group and at where it has got to in the past few years. I will go back to July 2008, when Fer...
John Park (Mid Scotland and Fife) (Lab)
Lab
I welcome the opportunity to speak in the debate. I am pleased that the debate seems to have moved on from where it was four or five years ago. Gavin Brown s...
Dave Thompson (Skye, Lochaber and Badenoch) (SNP)
SNP
I am pleased to take part in the debate. As a former director of protective services I have some experience in regulatory matters. I declare an interest, in ...
Angus MacDonald (Falkirk East) (SNP)
SNP
I am pleased to be able to contribute to this debate, not least because I have seen at first hand the difficulties that are experienced by local small and me...
Margaret McCulloch (Central Scotland) (Lab)
Lab
I welcome the opportunity to speak about regulation. I have a business background and so have some experience of red tape and compliance, and several weeks a...