Consumer Scotland Bill

Part of the debate – in the Scottish Parliament at on 6 May 2020.

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Photo of Jamie Hepburn Jamie Hepburn Scottish National Party

Thank you, Presiding Officer. I am sure that I can rely on you to keep me right about how close to 5 o’clock I should run.

I am grateful to the colleagues who have taken time to contribute to today’s debate on what I hope is still viewed, as Michelle Ballantyne said, as a relatively uncontentious bill. From the stage 1 debate onwards, we have come together to support the principles of the bill. We have collectively recognised the value of giving consumers a stronger voice and we have all recognised in the current context the particular need to do so in the light of what markets might look like in the future. We have also recognised that it is critical to ensure that the consumer voice is a central part of policy and of decision making.

The collective approach that we have taken and the support that I have mentioned are signs of the importance that we all place on achieving fairness for consumers. That approach supports businesses that do the right thing, strengthens trust among our citizens and helps us to build a more inclusive and fairer Scotland.

That is why, when the powers were devolved to this Parliament in 2016, the Government recognised the need to use those powers to seek better outcomes for consumers. I thank the members of the 2015 working group on consumer and competition policy, which considered what could be achieved. That was a group of independent participants from outwith the Government, who came together and recommended the creation of consumer Scotland. It has been a long process to reach the point that we are at today, but we have taken time to get it right.

A number of members—Maurice Golden, Alex Cole-Hamilton, Michelle Ballantyne and Gordon Lindhurst in particular—have remarked that the consumer system across the UK, and in Scotland, is a crowded one. That is a fair concern to raise. We have ensured that that is accounted for in the establishment of consumer Scotland. We have made it explicit in the bill that there are other bodies whose work and roles must be recognised by consumer Scotland. We will define in regulations those bodies that consumer Scotland must—although not exclusively—take account of. That is laid out in the legislation.

We have also made a clear commitment to establish a Scottish consumer protection partnership, which will involve all the organisations that have that role. Claire Baker was right to point out that the Law Society of Scotland has recommended that consumer Scotland should be a member of the existing UK consumer protection partnership. That is not in my gift, but I agree that it would be a sensible step and I see no impediment or barrier to that happening.

Concerns have been expressed about the cluttered landscape. It is worth reminding ourselves that those other bodies that we have referred to support the creation of consumer Scotland. The very bodies that people think might regard consumer Scotland as an addition to the clutter are themselves supporting its creation. Citizens Advice Scotland and Advice Direct Scotland, both of which have been mentioned, support the establishment of consumer Scotland.

That takes me on to a point that Gordon Lindhurst raised. He said that concerns had been expressed that, in future, citizens advice bureaux and Citizens Advice Scotland might have a diminished role in consumer advocacy. That is not my intent—I have been clear that Citizens Advice Scotland has a very clear on-going role to play in that regard. Not only is the notion that we have committed less funding to Citizens Advice Scotland incorrect, but we have committed more funding to CAS in the area of consumer advocacy for the coming year.

Richard Leonard and Keith Brown rightly spoke about their concerns for the most vulnerable consumers in our society. It was always our intent—as we have, I hope, laid out clearly—that consumer Scotland must consider vulnerable consumers in particular in its area of activity. We have finessed our approach and reached a very good position in laying out who should be considered as a vulnerable consumer.

I want to pick up on an issue that Richard Leonard raised in speaking to his amendment and again in the debate. I agree with him entirely that communities, whether they are geographical communities or communities of interest, should be considered as consumers by consumer Scotland. I give him an assurance that the bill allows for that in the context of how it defines a consumer.

Richard Leonard expressed concern that consumer Scotland should be accountable to Parliament rather than to Government, and I agree with him on that. I refer him to the fact that, under section 13 of the bill, ministers will have no direct role in the forward work programme for consumer Scotland, which must be laid before Parliament. In addition, the annual report, as set out in section 15; the consumer welfare report, as set out in section 16; and the review of consumer Scotland’s performance—which will be undertaken by an external agency and not by the Government—must all be laid before the Parliament. Consumer Scotland as a body will be directly accountable to this democratically elected Parliament, as is right and proper.

Lastly, I must respond to Stuart McMillan, who is quite correct in lobbying early in respect of where the new body should be located. I would be happy to have any correspondence from him in that regard—we are not yet at the stage of determining where consumer Scotland will be located, but we will consider the matter closely.

We have before us the opportunity to pass legislation that—I believe—recognises that issues around consumers and consumption cover far more than simply buying goods from shops or retail outlets, and that, looking beyond the traditional view, a body can be set up to protect consumers. It should recognise the challenges that we currently face, which—while they may not be those that we will face in years to come—have underlined the importance of protecting and considering the interests of consumers, especially the most vulnerable. I look forward to our passing the bill to ensure that consumer Scotland can get on with that work in the years ahead.