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Our second item of business is consideration of a legislative consent memorandum on the Employment Rights Bill, which is United Kingdom Parliament legislation. I am pleased to welcome Ivan McKee, the Minister for Public Finance, who is joined, from the Scottish Government, by Stephen Garland, the unit head of the fair work division; Megan Lawson, a lawyer; and Jo Mitchell, a procurement policy manager.
I invite the minister to make a brief statement on the Scottish Government’s position.
Thank you very much, convener. Good morning, committee. Thanks for inviting me to give evidence.
The Scottish Government remains clear that devolving employment law and industrial relations would be the best way to protect workers’ rights in Scotland, but, while those areas remain reserved to the United Kingdom Parliament, the Scottish Government will, as it always has, seek to drive up fair work standards through all available mechanisms, including public procurement.
For example, in 2015, we introduced statutory guidance under the Procurement Reform (Scotland) Act 2014 on the selection of tenderers and the award of contracts to provide guidance to public bodies on how to evaluate fair work practices, including payment of the real living wage, through procurement. In October 2021, we announced a new policy of mandating payment of at least the real living wage to workers involved in Scottish Government contracts, and we have encouraged other public bodies in Scotland to follow suit. Our commitment to driving fair work through procurement has been reinforced by a range of guidance, including interactive e-learning that we published in December last year.
Public bodies across Scotland are applying fair work in contracts, and the annual report on procurement activity for 2021-22 reports that, across 95 public bodies, a combined total of more than 2,000 suppliers are committed to paying at least the real living wage and delivering regulated contracts.
The Scottish Government’s ability to act in this area is constrained by the devolution settlement. However, the Employment Rights Bill confers some limited powers on the Scottish ministers, and it is for that reason that an LCM is required for those provisions. We look forward to working closely with the UK Government to build on our fair work principles and maximise the positive impact of the Employment Rights Bill across Scotland.
Thank you very much, minister. I am happy to open up the meeting to questions from members.
I have two questions. The first one is a bit technical and is to help my understanding. One of the bill’s provisions expands employers’ duties to prevent the harassment of staff. I would like to better understand what those duties are, specifically in relation to MSPs, as employers, and our staff being exposed to social media. My staff look after my social media, which exposes them to some unpleasantness. What duties does the bill confer on us, as employers, to protect our staff in such situations?
I will refer to my officials on that question, because, as you were right to say, it is quite technical. Stephen Garland, are you able to give any information?
That part of the bill sits outside Mr McKee’s remit. In relation to further provisions, we expect a lot of the detail to be included in secondary legislation, which will be subject to consultation. We do not yet have timings in that regard, but the consultation will provide an opportunity for all Scottish stakeholders to contribute to that process. I can come back to you with any further details on that.
Thank you. That would be much appreciated.
My other question is a more general one. Is the minister content that the bill will not impinge on Scotland’s ability to diverge in policies covering devolved areas?
I do not believe that it will, but we will have to see. Clearly, a lot of secondary legislation will be introduced by the UK Government. I think that we will be able, by way of regulations and the code, to put in place measures in the devolved procurement space that are at least as comprehensive as the measures that the UK Government intends to put in place. I do not think that the bill will constrain us in any way from doing anything.
Thank you.
Since the LCM was lodged, amendments have been made to the bill in the UK Parliament, so the Scottish Government intends to lodge a supplementary LCM. Could you give us an update on those amendments? In particular, from your discussions with your UK counterparts on the amendments, is there any suggestion that the supplementary LCM might not recommend consent?
Not that I am aware of. We are comfortable with the powers that the bill will confer on the Scottish ministers. I do not know whether my officials want to make any further comments.
I am not aware of any changes that would affect the LCM.
Do you have any idea when the Government expects to lodge the supplementary LCM?
It should be lodged fairly soon. We understand that there is active consideration about lodging it in the Parliament as soon as possible.
Thank you.
Good morning, minister. I have a general question. In your discussions with the UK Government on the bill, has the Scottish Government taken the opportunity to reinforce its wish that all employment law be devolved to this Parliament?
We take every opportunity, including this morning and in our engagement with the UK Government, to reinforce our position that, as I said in my opening statement, the best way to protect workers’ rights in Scotland would be for employment law and industrial relations to be devolved to the Scottish Parliament.
Has there been any movement from the new UK Government to allow for the devolution of employment law?
Not that I have seen so far. Other colleagues are engaging on that matter, because my remit covers procurement specifically. To the best of my knowledge, there has been no movement to date, but, as you know, we are forever hopeful.
I am sure that you will keep trying.
As there are no more questions from members, I thank the minister and his officials for joining us. That brings the evidence session on the LCM to a close. I briefly suspend the meeting to allow for a change of witnesses.
09:22 Meeting suspended.Air adhart
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