Draft Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022

Bill Esterson Excerpts

Wednesday 8th December 2021 General Committees

[Bill Esterson (Sefton Central) (Lab)]

It is a pleasure to see you in the Chair, Mrs Murray—I was elected at the same time as you, but I think this is the first time we have been in this situation. I congratulate the Whip-cum-Minister on her fine delivery of her notes, on a subject that, it is fair to say, both she and I are coming to quite late in the day—this is not my normal brief either. I thank her for confirming my understanding of what the statutory instrument covers, and I have a few questions for her. I understand that she may be able to answer some of them today and that, if not, she will do so in writing later.

The SI was laid as a result of the Consumer Scotland Act 2020, which established Consumer Scotland as a non-ministerial body of the Scottish Administration. It makes provisions in consequence of the Act, which established Consumer Scotland as the body responsible for the devolved areas of consumer advocacy and advice in Scotland. That is the point the Minister made, and I will be teasing out the practical realities as well as the theoretical position that the SI sets out.

The SI is required to ensure that the Scottish Administration’s role in dealing with consumer advocacy is reflected in relevant UK legislation, as well as to amend legislation outside the competence of the Scottish Parliament that will allow Consumer Scotland to fulfil its new role in dealing with consumer advocacy and advice. I understand that this will largely involve changing references to Citizens Advice Scotland to Consumer Scotland. The SI is not controversial, and we support the establishment of Consumer Scotland as a non-ministerial body of the Scottish Administration. We support the SI because it puts Consumer Scotland on a statutory footing.

Scottish consumers must have their interests fully represented, so we welcome the fact that through this SI there is a heightened duty for public bodies in Scotland to tackle consumer concerns and manage trust in business. Consumer Scotland will have responsibilities across reserved and devolved areas, and it is critical that the UK and Scottish Governments work together. Sadly, the SNP and the Conservatives have been more interested in constitutional wrangling than working in the shared interests of people in Scotland. Labour believes that consumer interests are of high importance and that all political parties should champion the interests of consumers by supporting the work of Consumer Scotland. Let us hope that the other parties in Scotland also recognise the importance of supporting consumer rights, as opposed to spending their time on constitutional matters.

I wish to ask the Minister a few questions about the SI and about wider consumer advocacy and protection in Scotland. The success of Consumer Scotland will be in how it acts and to what extent it protects and upholds the interests of consumers. It cannot be another Scottish Government quango. What assessments has the Minister made to ensure that Consumer Scotland’s statutory powers will be impactful and will be implemented to make a meaningful contribution in terms of being on the side of Scottish consumers? Have she or her colleagues discussed with their counterparts in the Scottish Government how Consumer Scotland can be proactive as well as reactive, not only protecting consumers from harm but educating them so that they can avoid being harmed? What relevant impact assessments have been made on the new body by the Scottish Government? What discussions have the Minister or her colleagues had with Scottish Ministers about the devolved areas affected by this SI—energy, water and postal services?

We support the Minister in laying this SI before Parliament. Labour supports the creation of Consumer Scotland, and we believe that public bodies have a responsibility to drive up industry standards and to protect and empower consumers.