Clause 2 - Transitory, transitional

Sunday Working (Scotland) Bill – in a Public Bill Committee at 10:00 am on 26th March 2003.

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Question proposed, That the clause stand part of the Bill.

Photo of David Cairns David Cairns Labour, Greenock and Inverclyde

There is no need to spend as much time on this clause as it is a fairly standard clause in Bills such as these.

I crave your indulgence for just one second, Mr. Gale, because I neglected to discuss human rights compatibility.

Photo of Anne McGuire Anne McGuire The Parliamentary Under-Secretary of State for Scotland

I wonder whether I could reassure my hon. Friend so that he does not have to seek legal opinion on its compatibility with the European convention on human rights. Section 19 of the Human Rights Act 1998 is not applicable, as this is not a Government Bill. The hon. Member for Orkney and Shetland was correct; there is a slightly different procedure. We are considering a private Member's Bill and although we all feel that it is compatible with the 1998 Act, the hon. Member for Greenock and Inverclyde does not need to make a specific statement to that effect.

Photo of David Cairns David Cairns Labour, Greenock and Inverclyde

I am extremely grateful to the Minister and I trust that that answers the question.

Clause 2 is a standard clause conferring a power on the Secretary of State to make by order transitory transitional saving provisions that may be required to give full effect to any provision of the legislation. Mindful of the consultation that was under way, I was keen that the clause be inserted. It may have been clear as a result of the consultation that there were either sectoral or geographical circumstances that would have required some sort of transitional power. I am not aware that that has come out so far.

The hon. Member for Bridgwater mentioned pensions. I cannot think of any obvious implications for pensions. It is important to remember that for those who opt out of Sunday working, employers are not obliged to provide another day's work. The cost to the employer in relation to salary and pensions should be neutral. I am not entirely sure that there are implications in that respect. The Bill must travel through another place, which has a great deal of business and trade union experience and something may emerge there. Although I am not anticipating what the orders may be, it is prudent at this stage that clause 2 should stand part of the Bill.

Question put and agreed to.

Clause 2 ordered to stand part of the Bill.

Clauses 3 and 4 ordered to stand part of the Bill.

Bill to be reported, without amendment.

Committee rose at six minutes past Ten o'clock.