2nd Report, 2013 (Session 4): Report on Legislative Consent Memorandum on the Enterprise and Regulatory Reform Bill (LCM (S4)14.2)

 

SP Paper 258 (Web Only)

EET/S4/13/R2

2nd Report, 2013 (Session 4)

Report on Legislative Consent Memorandum on the Enterprise and Regulatory Reform Bill (LCM (S4)14.2)

Remit and membership

Remit:

The remit of the Committee is to consider and report on the Scottish economy, enterprise, energy, tourism and renewables and all other matters within the responsibility of the Cabinet Secretary for Finance, Employment and Sustainable Growth apart from those covered by the remit of the Local Government and Regeneration Committee and matters relating to the Cities Strategy falling within the responsibility of the Cabinet Secretary for Health, Wellbeing and Cities Strategy.

Membership:

Marco Biagi
Chic Brodie
Murdo Fraser (Convener)
Rhoda Grant
Alison Johnstone
Mike MacKenzie
Margaret McDougall
Dennis Robertson (Deputy Convener)
David Torrance

Committee Clerking Team:

Clerk to the Committee
Jane Williams

Senior Assistant Clerk
Katy Orr

Assistant Clerk
Diane Barr

Committee Assistant
Vikki Little

Report on Legislative Consent Memorandum on the Enterprise and Regulatory Reform Bill (LCM (S4)14.2)

The Committee reports to the Parliament as follows—

BACKGROUND

1. The UK Enterprise and Regulatory Reform Bill (“the Bill”) was introduced to the House of Commons on 23 May 2012.

2. The Bill will make provision on various issues including: the UK Green Investment Bank (GIB); employment law; establishment of the Competition and Markets Authority and abolition of the Competition Commission and the Office of Fair Trading; amendment of the Competition Act 1998 and the Enterprise Act 2002; the reduction of legislative burdens; copyright and rights in performances; to make provision about payments to company directors; and for connected purposes.

LEGISLATIVE CONSENT MEMORANDUM

3. The Minister for Energy, Enterprise and Tourism lodged a Legislative Consent Memorandum1 (LCM) on the Bill on 11 January 2013. The LCM includes a draft legislative consent motion, to be lodged by the Minister for Energy, Enterprise and Tourism:

“That the Parliament agrees that the relevant provisions of the UK Enterprise and Regulatory Reform Bill, introduced in the House of Commons on 23 May 2012, relating to midata, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

4. The provisions which relate to this memorandum were tabled as an amendment to the Bill during Committee Stage in the House of Lords on 10 January 2013 and relate to the midata programme. The amendment aims to give consumers access to personal data held and collected by businesses and which will be provided in a portable and electronic format. This will give consumers the information they need to make informed choices about their spending and increase their capacity to budget. The intention is that the right to request information would extend to micro-businesses (less than 10 employees) as well as individual consumers because micro-businesses are similarly disadvantaged in the market and this right would enable them to participate on more even terms. The UK Government consulted on midata as part of its consumer empowerment strategy, Better Choices Better Deals: Consumers Powering Growth, published in April 2011.

5. While Westminster has powers under the consumer protection reservation to confer such a right on consumers, the reservation does not extend to micro-businesses which falls within the legislative competence of the Scottish Parliament. Therefore the legislative consent of the Scottish Parliament is required to allow provisions for micro-businesses to extend to Scotland.

6. This is a supplementary LCM for this Bill, as a previous LCM for the Green Investment Bank provisions of the Bill was passed by the Scottish Parliament on 18 September 2012.

Committee Consideration

7. The Parliamentary Bureau referred the LCM to the Economy, Energy and Tourism Committee on 15 January 2013. The Committee considered the LCM at its meeting on 23 January 2013 and raised no significant concerns.

Recommendation

8. The Committee recommends that the Parliament approves the forthcoming legislative consent motion on the UK Enterprise and Regulatory Reform Bill to be lodged by the Minister for Energy, Enterprise and Tourism.

ANNEXE A: EXTRACTS FROM THE MINUTES OF THE ECONOMY, ENERGY AND TOURISM COMMITTEE

3rd Meeting, 2013 (Session 4), Wednesday 23 January 2013

Enterprise and Regulatory Reform Bill (UK Parliament legislation) (in private): The Committee considered the legislative consent memorandum (LCM(S4)14.2) and agreed to report to the Parliament that the legislative consent motion should be approved.


Footnotes:

1 http://www.scottish.parliament.uk/LegislativeConsentMemoranda/Enterprise_and_RegulatoryReform_LCM-rev.pdf

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