Scotland Bill

Alan Brown Excerpts

Monday 6th July 2015 Commons Chamber

[Ian Murray]

We all want a race to the top, but we need to make sure that we are doing all these things properly, with cross-border agreement between Governments both north and south of the border.

It would not be inconsistent to devolve the enforcement of equalities legislation, as suggested by the STUC and our new clause 64. The STUC argued in its submission to the Smith commission:

“Ultimately equality law is governed by European minimums and…the law as it currently stands is positive and tends to support the advancement of equality. The major barrier to achieving equality therefore is not the law, but practice, culture and indeed discriminatory attitudes. Therefore enforcement is key to advancing equality and major gains could be made if enforcement was carried out in line with Scottish expectations and the needs of the Scottish economy.”

I hope that Members will recognise the logic of that assertion and support new clause 64, which would allow for the creation of a bespoke enforcement regime in Scotland that would take a full view of the distinct nature of the Scottish equalities landscape, but within the UK and EU legislative framework.

Clause 33 devolves to the Scottish Parliament new powers over the administration of employment tribunals. My amendment 54 would add a specific requirement on Scottish Ministers to initiate a process, in conjunction with the Advisory, Conciliation and Arbitration Service and the Scottish trade unions, to end the system of employment tribunal fees in Scotland.

My amendment is barely different from an amendment tabled by SNP Members. We all wish to see the end of employment tribunal fees, because there is no doubt that the figures show that they are a barrier to justice. Those are not just my words; they are also included in a letter to the former Justice Secretary signed by 40 QCs and 400 barristers who argued that

“fees are a significant barrier to access to justice and are preventing employees from being able to complain about contraventions of their employment rights.”

The letter further observed:

“The introduction of fees has had no discernible impact on the outcome of cases.”

It surely cannot be fair for a pregnant woman who is being discriminated against at work and who might have just lost her job to have to find a £1,200 fee at a time when family budgets are more stretched in order to seek redress in an employment tribunal. When I was the shadow Minister for employment relations in the last Parliament, we made those arguments consistently during debates on the Small Business, Enterprise and Employment Act 2015. You may have chaired that Bill Committee, Sir David, so you will be well versed in those issues. This policy is fundamentally unfair; it is a tax on justice.

Fortunately for those of us in Scotland, the Bill is an ideal opportunity to do something about employment tribunal fees. Amendment 54 would enshrine in law the Scottish Government’s responsibility to establish a proper process to put an end to these pernicious and unfair charges in the Scottish tribunal system. I hope that we will get support for that amendment.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

There is agreement across the Opposition Benches on making employment tribunals fairer and eliminating the fees, but is the hon. Gentleman’s strategy not completely wrong? He wants fairness in Scotland that cannot be introduced in England. That is at odds with his arguments about having solidarity on both sides of the border. He is picking and choosing what he will support and what he will not support. He has a lack of strategy, rather than a strategic approach.

[Ian Murray]

This amendment is about people paying a fee to enter the employment tribunal system. It would give the Scottish Parliament full control over how that system operates, under the legislative framework of the United Kingdom. That is how a lot of issues work, including health and safety and the Scottish courts system. That is how the justice system in Scotland, which has always been independent of the rest of the UK, operates and it is a perfectly fair way for devolution to work.

Amendments 159 and 160 relate to fixed odds betting terminals and the supervision, inspection and enforcement under the Gambling Act 2005. My hon. Friend the Member for Hyndburn (Graham Jones) might go into that in more detail if he catches your eye, Sir David.

I am not sure whether the hon. Member for North Ayrshire and Arran (Patricia Gibson) is in her place, but in an earlier sitting of the Committee, she mentioned that the Scottish Parliament controls much of road safety, but does not have legislative competence over pavement parking. As she did not table an amendment to sort that out, we brought forward new clause 22, which has the full support of the Living Streets charity, to rectify the anomaly. It intends to ensure that parking offences such as parking on pavements or by dropped kerbs and double-parking can be enforced by the Scottish Parliament. I am grateful to Living Streets for bringing this matter to our attention. Having spent a day blindfolded with the guide dogs in Corstorphine in Edinburgh, I think we should all take cognisance of the way in which people with sight problems are able to get around our towns and cities.

Clause 39 devolves Executive competence in relation to the policing of railways in Scotland by specifying as a cross-border authority the British Transport police authority. The clause is in keeping with the Smith agreement, but it was not part of the agreement that the British Transport police should be devolved in order that it may be abolished. That is what is being proposed by the Scottish Government, who want to transfer the existing functions of the British Transport police to Police Scotland. The abolition is vehemently opposed by the unions and the British Transport police, and their strong views should be taken into account. Will the Secretary of State comment on that issue?

Finally, new clause 63 calls for an assessment by the Low Pay Commission of the effect of the Scottish Parliament having the power to alter the national minimum wage rate for Scotland. The national minimum wage is one of the proudest achievements of the last Labour Government and we will defend it to the death. However, it has become a maximum wage for too many people and we must encourage the private sector to move beyond the minimum wage to a living wage. Low pay is one of the biggest political issues of our time, particularly in the run-up to the Budget, with the proposed cut to tax credits.