S5M-20544 Consumer Scotland Bill: Stage 1

The Deputy Presiding Officer (Christine Grahame): The next item of business is a debate on motion S5M-20544, in the name of Jamie Hepburn, on the Consumer Scotland Bill at stage 1.

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Stewart Stevenson (Banffshire and Buchan Coast) (SNP):

The debate reminds me that I asked the whips at the beginning of this parliamentary session whether I could be on the Economy, Energy and Fair Work Committee—unfortunately, they put me elsewhere—because the committee’s work is clearly interesting and of value. The report that the committee produced on the Consumer Scotland Bill is an example of that. I now find myself on the Rural Economy and Connectivity Committee and the Environment, Climate Change and Land Reform Committee marking my own report card by reviewing things that I did as a minister—it is a bit odd, but there we are.

The Scotland Act 2016 devolved responsibility for consumer advocacy and advice to the Scottish Parliament, which is very much to be welcomed and is the foundation of the legislation that we are debating. However, advocacy and advice need not be all that we do, because we can also inform—for example, we can inform manufacturers and small businesses. The important point is to understand through evidence why consumers experience harm, and then to develop solutions that increase fairness to consumers, thereby increasing consumer confidence.

It is important to consider that, in the context of the Consumer Scotland Bill, we are not setting up something in opposition to manufacturers and suppliers; on the contrary, an informed and demanding consumer who raises the game of suppliers and manufacturers is in the interests of those businesses, because that will make them more competitive in their efforts to sell into their local and export markets. In other words, good products command a market, so the legislation is not the enemy of businesses.

I turn to some of the detail. I note from paragraph 29 of the policy memorandum that consumer Scotland will be

“a body corporate”

and that one thing that will be necessary is to have

“an Order in Council”

because

“the civil service is a reserved matter.”

I simply ask that the minister advise—perhaps now or at a later point—whether he has engaged with the UK Government to get assurance that such consent will be given. I would be surprised if there were any difficulties in getting that, but it would be useful to know that for the sake of completeness.

Paragraph 66 of the policy memorandum—and elsewhere—talks about the impact on highland and island communities and rural communities more generally. As someone who represents a hybrid area that is very rural and has significant large towns, I have particular interest in the application of the legislation to areas that are more distant from city centres. I see no reason to doubt that there will be benefits to those areas, as there will be elsewhere.

A number of members—most notably and recently Jackie Baillie, in relation to white goods—raised the topic of product recall. I have said before in the Parliament that we should seek to get the serial number of our white goods on the front of the goods. The number is always on the back and people have to take the product out of where it is installed in order to find it. I think that that is a big contributory factor to why so many recalls do not have high returns—people find it very difficult to find out whether their Whirlpool, or whatever the brand of the product might be, is subject to a recall. Although we do not have the power to command that, we might, through this legislation, have the power to inform consumers, persuade them about the issue and demand that that change happens.

Richard Leonard spoke about additional delivery charges, as did Gordon Lindhurst, when speaking in his role as convener of the Economy, Energy and Fair Work Committee.

The issue of chlorinated chicken was also mentioned. That leads us to the issue of the labelling of products and their origins, because that informs the consumer whether the product that they might be contemplating buying, particularly in relation to food, is one that they want to engage with and buy. However, we cannot do everything that we might want to do—we cannot cut into competition law or operational matters, but we can certainly assist consumers in making choices.

Another reserved issue that we can, nonetheless, engage in is helping consumers to understand what advertising means. I include in that much of what happens on social media, where the boundary between advertising, comment and information is not always particularly clear.

The bill, and what will be done, is not just about preventing harm; it is about delivering real benefits. Others have talked about Citizens Advice Scotland, which I strongly support; I regularly send my constituents in its direction when they have difficulties. I certainly would not wish to see its role being diminished in the many communities in which it is represented on the ground, with local people as directors and other local people who understand the communities’ needs. A central body elsewhere might be less able to engage directly with local issues.

I will close on the issue of vulnerability and vulnerable consumers, which has also been raised. Andy Wightman mentioned the Donoghue v Stevenson case, which was brought in 1932. One of the interesting things is that May Donoghue, who pursued that case, relied on in forma pauperis. She was a pauper and was able to take her case all the way to the House of Lords because she was relieved under that provision of carrying the costs of her opponent, should she lose the case.

I think that that is an interesting example, going back some distance, that might inform how we see the new consumer body operate. May Donoghue was a pauper to the extent that only one of her four sons survived into adulthood. She has delivered, as the most famous litigant in life, a little bit that contributes to this debate.

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