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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 30 November 2025
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Displaying 638 contributions

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Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

Should the Scottish Government be making you a bit less happy, Ewan?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

Good morning. I want to move on to enforcement. Obviously, the ideal would be that enforcement is not necessary and there is just compliance, not only with the letter, but with the spirit of the regulations. However, as we have heard, that is not happening down south.

Assuming that enforcement is necessary, I am curious about your attitude to the penalties that are included in the regulations and whether they will be adequate—that is, whether local authorities will find that the fines that roll in are enough to pay for regulation, or whether it will take additional resource for local authorities to be able to enforce the regulations.

I will start with you, Professor Johnstone, because you talked about your work on studying the impact of the regulations down south. Are the big retailers simply rolling the policy out at a company-wide level? Is the regulation in England already having an effect on their behaviour in Scotland, or are they just doing whatever is allowed within the law in the different jurisdictions?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

How much of the responsibility for enforcement lies with the industry?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

Leaving it to individual businesses to decide the extent of their compliance and how they will enforce the policy within their own business is not adequate, is it? What responsibility would your organisation have in identifying the extent to which the industry as a whole is complying, providing that information and making sure that businesses know that they are in the wrong when they have not complied?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

That leaves me turning to you, Mr MacDonald-Russell.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

Very briefly, convener.

I do not want to be at all personally unpleasant about this, but I think that you are saying that we should be more comfortable if the industry representative at this meeting were to be less comfortable with such a degree of regulation.

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

In those round-table events, you would have heard people arguing that temporary price reductions, meal deals, freestanding displays and other aspects should be included in the regulations. However, you decided not to do so. Why is that?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

You have already mentioned to members on a couple of occasions that you have concerns about the narrow scope of the regulations and the aspects that were not included. My final question is why you think that they are narrow in scope. What is the Government’s rationale? Is it simply taking the path of least resistance, or do you think that there is some other reason why it has decided that this approach is the right one?

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

I will come back to Ewan MacDonald-Russell—

Health, Social Care and Sport Committee [Draft]

Subordinate Legislation

Meeting date: 25 November 2025

Patrick Harvie

If I read between the lines, it sounds as though you are saying that we cannot know whether the rules are actually being broken, rather than seeing voluntary compliance to a level where fines are not necessary.