Chamber and committees

Our approach to planning, regeneration and building community wealth is about collaboration and engagement, in recognition of the fact that in trying to achieve the outcomes that we want, no one agency or body can do it all alone. We need to work together—that is very important when we are designing policy. The UK Government’s approach does not seem to be like that. The levelling-up agenda seems to be more a soundbite that it is now chasing to invent a policy programme to justify it.

If the UK Government genuinely desires to engage seriously on these issues and with respect for the competence of the Scottish Parliament and Scottish ministers, we would, of course, be happy to engage. That is the responsible thing to do. However, as has been said this morning and as you will have inferred from the contributions of stakeholders last week, the UK Government has not taken that approach.

There certainly has not been direct engagement at ministerial level.

Good morning. Thank you, convener, for the invitation and opportunity to address the committee on the UK Levelling-up and Regeneration Bill. This morning, we will talk about the planning data provisions in chapter 1 of part 3 of the bill. I am conscious that the committee has recently heard evidence from key stakeholders.

Before I turn to part 3 in detail, I reiterate the Scottish Government’s fundamental concerns about the bill. As members will know, we have recommended that the Scottish Parliament not provide legislative consent for the bill as drafted, given that it absolutely poses a threat to a wide range of devolved responsibilities and fails to respect the role of this Parliament and the Scottish Government in legislating for devolved powers. We remain concerned that the Westminster Government will ignore our collective role and simply legislate without our consent.

Turning to part 3, I am not surprised that evidence has pointed to a lack of available information on how the planning data provisions in the bill will operate in practice. I would like to set out on the record my frustration that we received little advance sight of the draft bill before its introduction. That lack of meaningful prior engagement from the UK is sadly all too typical of the current Westminster Government’s approach to legislation. It contrasts with our own work in Scotland on the digital planning strategy and transformation programme, and on our collaborative approach to planning reform as a whole. Therefore, although I recognise and support the need for planning data standards in principle, the lack of detail on how the provisions will be implemented leaves unanswered questions.

With so many unknowns, there is also the potential for conflict with the work that is being undertaken already in Scotland as part of our digital planning transformation programme, with a £35 million capital investment initiative already under way. That is an ambitious programme that is led by the Scottish Government, working in partnership across the public sector. It will put data and new digital technologies at the heart of Scotland’s planning system, thereby helping to achieve the wider planning reform aim of delivering an open, streamlined and inclusive planning system that is fit for the future. Our work on the programme is making real progress, with the first new digital services expected to be rolled out next year. We are building those new digital services and products on solid data and technical foundations, working in collaboration with our partners.

At last week’s evidence session, members heard stakeholders give strong support to the direction and approach that we are taking in collaborating across the sector, rather than mandating a way forward. In Scotland, we are taking a comprehensive approach to improving planning data. Our data strategy will set out a road map to provide easy access to high-quality data for use across planning and place-based work.

Therefore, I have real concerns about the UK Government’s intention to legislate in areas of devolved and executively devolved competence without any real knowledge of what we are doing in Scotland, nor any interest in accommodating that in the bill. We could find ourselves in the unhelpful situation of having Scottish planning authorities being subjected to conflicting measures, with one imposed on them through a UK bill and the other agreed through mutual collaboration in order to improve our planning system in line with our own domestic legislation and priorities.

As currently drafted, part 3 provides one of many reasons why the Scottish Government cannot recommend that the Scottish Parliament consent to the provisions as they stand.

Thank you, convener.

Yes. The role is around advocacy. Neil Ritchie might want to explain the distinction between the two bodies.

Again, I would not want to get into the territory of commenting specifically on the work programme and the work that Consumer Scotland will undertake, but clearly, as Scotland’s independent consumer advocacy body, it can play an important role in working with other stakeholders and working in partnership with others to maximise coherence and accessibility within the consumer support landscape. I do not know whether there is anything that Neil Ritchie wants to add.

Good morning to the committee. I am grateful for the opportunity to speak to the draft regulations. The regulations are, in effect, the final piece of the jigsaw in implementing the Consumer Scotland Act 2020. Earlier sets of regulations have already been through Parliament, as has a United Kingdom Government order pertaining to reserved aspects.

The regulations in their simplest form will add “Consumer Scotland” or replace references to “Citizens Advice Scotland” with “Consumer Scotland” in Scottish acts to allow the transfer or sharing of functions between the two consumer bodies. This is a technical instrument, which brings transparency around the transfer of functions and also recognises Consumer Scotland as Scotland’s independent consumer advocate. The functions that are being transferred relate to the devolved policy responsibility for water. Without the transfer of functions from CAS to Consumer Scotland in the areas of consumer advocacy and general advice, Consumer Scotland would not be able to carry out its duties.

You may be wondering why we are not transferring all functions to Consumer Scotland. Consumer Scotland and CAS, although they are both consumer bodies, have extremely different roles to play in the consumer landscape. CAS will continue to provide advice via its network of bureaux and the extra help unit. Consumer Scotland, as part of its statutory functions, has the ability to provide advice, along with making proposals on consumer matters to the Scottish ministers and public organisations in Scotland, and to other organisations where needed.

Consumer Scotland has now been up and running since July, carrying out a wide range of activities, influencing and adding value where it is needed most. For example, in relation to water policy, Consumer Scotland is already a key player, campaigning for a fair deal for customers and assisting with policy development. As a member of strategic stakeholder groups, Consumer Scotland scrutinises the delivery of Scottish Water’s investment programme to ensure that ministers’ objectives are being delivered. I welcome this engagement as an assurance that customers and communities have high-quality representation. Consumer Scotland will also be carrying out its own research to identify the potential impact that future increases in water and sewerage charges may have on low-income households.

This legislation is an opportunity for us to ensure that consumers have a voice, that their interests are represented, and that their own capacity to drive change is harnessed. The cost crisis that we find ourselves in now has revealed how important it is that customers have access to the information that they need and are mindful of the impacts of their own behaviour.

We began this process of establishing Consumer Scotland because we recognise that consumers are the life-blood of our economy and, in the months ahead, consumers will be vital for rebuilding our economy and supporting businesses. We will continue this process and one of the ways of doing this is for the committee, I hope, to agree to recommend the approval of the draft regulations. On that, convener, I will conclude. I am happy to take any questions that the committee may have.

The role of Consumer Scotland is set out in the Consumer Scotland Act 2020, which was passed unanimously at stage 3. Its primary role is as Scotland’s independent consumer advocate, but citizens advice bureaux will still be the first ports of call for many people looking for advice. It sits within that broader landscape of consumer support. There is Consumer Scotland, there is Advice Direct Scotland, there is CAS and there are, of course, trading standards departments as well. The role of Consumer Scotland will be in providing national advocacy as set out in the legislation and working to co-ordinate a lot of the activity that goes on in Scotland.

Yes, it has been consulted. As set out in the legislation, there was a requirement to consult Consumer Scotland and Citizens Advice Scotland, and they were consulted.

The reporting requirements are set out in the legislation, but I want to stress that this is set up as a non-ministerial office, so it is directly accountable to Parliament. Indeed, this committee as the lead committee in this area in Parliament can directly engage with Consumer Scotland on these matters. I am conscious, with it being an NMO, that I do not want to overstep my mark as a minister.

Ultimately, this is about the implementation of an act that was passed by Parliament, so I think that it recognises that this is a decision that Parliament has taken to set up an independent body, Consumer Scotland, which is a non-ministerial office. We have engaged carefully and listened and we have worked through the TUPE process to ensure that Consumer Scotland is now operational. As I said, the instrument completes the journey. It is a technical instrument that is fundamentally about implementing the legislation that Parliament has passed.