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

Rebecca Harris Excerpts

Wednesday 8th December 2021 General Committees

[Rebecca Harris (Castle Point) (Con)]

I beg to move,

That the Committee has considered the draft Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022.

It is a great pleasure to serve under your chairmanship, Mrs Murray. I must start by apologising to you and Committee members because the Under-Secretary of State for Scotland, my hon. Friend the Member for Milton Keynes South (Iain Stewart), is unable to attend. He has to go into self-isolation because he has been in contact with someone who has tested positive. He is seeking a covid test. I am afraid that the Committee will have to make do with me today. This will probably be the most sophisticated thing I have put on the record in several years as a Government Whip.

I think I am pleased to have the opportunity to debate these consequential amendments, which will support the Scottish Government’s decision to establish Consumer Scotland as the responsible body for the devolved areas of consumer advocacy and advice in Scotland. The order will establish Consumer Scotland as a non-ministerial body in the Scottish Administration and ensure its new functions are reflected in relevant UK legislation. Through the order, Consumer Scotland will become a non-ministerial office accountable to the Scottish Parliament. The order also provides that the Crown Suits (Scotland) Act 1857 does not apply to Consumer Scotland, with the effect that the Lord Advocate cannot sue or be sued in place of Consumer Scotland. Furthermore, the order adds Consumer Scotland to the list of bodies whose members are disqualified from being Members of the House of Commons under the House of Commons Disqualification Act 1975.

As Consumer Scotland is required by law to be operationally independent of Scottish Ministers, its establishment cannot continue without this section 104 order and the changes it makes. The order will also give consumers confidence in the independence of this new body. This type of statutory instrument, known as a Scotland Act order, is a form of secondary legislation made under the Scotland Act 1998, which devolved significant powers to Scotland. A section 104 order allows for necessary or expedient legislative provision in consequence of any provision made by, or under any Act of. the Scottish Parliament or secondary legislation made by Scottish Ministers. In this case, provision is required in consequence of the Consumer Scotland Act 2020, which allowed for the establishment of Consumer Scotland as the body responsible for the devolved matters of consumer advocacy and advice. The 2020 Act also created a consumer duty that requires public authorities in Scotland to consider consumers in policy and decision making.

The order ensures the independence of the new body by establishing it as a non-ministerial office independent of Scottish Ministers. The aim of the order is to amend UK legislation to provide Consumer Scotland with full authority in its role dealing with consumer advocacy and advice. Consumer Scotland will take over a range of responsibilities relating to advocacy in the energy, postal services and water sectors currently undertaken by Citizens Advice Scotland. The advice it provides will be on new and emerging issues or matters of general interest to a range of consumers. To be clear on this point about advice, as previously mentioned the draft order will ensure that Consumer Scotland remains independent from Scottish Ministers. Therefore the types of advice it provides will be an operational matter for the Consumer Scotland board.

The order also amends the House of Commons Disqualification Act 1975, adding Consumer Scotland to the list of bodies whose members are excluded from the House of Commons, to further safeguard the independence of the new body. That will allow for the creation of an independent advocacy body in Scotland that will be the voice of consumers in Scotland. It will provide leadership and support to all those working in the consumer landscape, and a co-ordinated, strategy-led approach to mitigating consumer harm in Scotland.

In summary, this instrument supports the establishment of Consumer Scotland as the new body dealing with consumer advocacy and advice across the areas of energy, postal services and water. The instrument, the policy behind it and its legislative contents have the support of Scotland's two Governments. I commend the order to the Committee.

--- Later in debate ---

[Rebecca Harris]

I thank all hon. Members and I will try to answer their questions as best I can.

In terms of engagement, the Scotland Act orders show that the two Governments can work together, and it has been confirmed that they have worked successfully together. We have worked with the Scottish Government of the development of this provision, and that has included Minister-led discussions and engagement.

In terms of the regulatory impact assessment, orders made under the Scotland Act 1998 usually do not have a direct impact. The Scottish Government ran a 12-week public consultation on the draft Consumer Scotland Bill in July 2018. However, orders taken under section 104 of the Scotland Act are not usually consulted on by the Government, as they are consequential acts of the Scottish Parliament.

I hope that the benefits of these proposals for consumers in Scotland will be evident. There will now be a focus on advocating for change on issues that particularly affect people in Scotland. The proposals recognise Scotland’s distinct circumstances, such as its rural population and devolved industries. By creating an independent expert voice to speak up for consumers, combined with accountability to Ministers and a strong emphasis on practical solutions, the consumer interest should be better represented to regulators, policy makers and industry. That is our aspiration.

Through our amendments to UK legislation, we are enabling implementation of the Scottish Government’s decision to establish Consumer Scotland as the new body responsible for the devolved areas of consumer advocacy and advice in Scotland. By securing the independence of this new body, we will ensure it is established within the legal parameters set out in the 2020 Act, and give consumers confidence in its ability to act independently.

To close, our support for the Scottish Government on the establishment of Consumer Scotland shows Scotland’s two Governments working together. This order also demonstrates the commitment of this Government to strengthening the devolution settlement and delivering for the people of Scotland. I therefore commend the draft order to the Committee.

Question put and agreed to.