RESPONSES TO 'SUNDAY WORKING IN SCOTLAND - A CONSULTATION'
Introduction
1. This paper provides a summary of the responses to the Sunday working consultation which was issued by the Secretary of State for Scotland on 19 December 2002.
2. "Sunday Working in Scotland - A Consultation" can be found on the Scotland Office website at www.scottishsecretary.gov.uk
3. The consultation paper set out for comment a number of proposals aimed at extending to Scotland legislative provisions governing Sunday working for relevant shop and betting workers as provided in the Employment Rights Act 1996. In order to elicit views on specific aspects, the paper posed the following questions:
Responses
4. Reponses were requested by the deadline of 14 March 2003. Between its launch in December 2002 and the end of the consultation period, 200 copies of the consultation document were issued. It was accessible, together with the supporting Regulatory Impact Assessment (RIA), via the Scotland Office website. Unfortunately, due to technical difficulties, it has not been possible to quantify the 'hits' on the web site. However, 139 responses were submitted (including support from 2,403 named individuals across 3 signed petitions) either in writing or by e-mail. A list giving details is attached at Annex A.
5. Responses were received from 49 civic organisations and bodies, representing a wide range of interests across Scotland and from 55 individual members of the public, in addition to the petition signatories. Representations were also made by 4 councils, 22 MPs and 9 MSPs.
6. Not all responses addressed the full range of questions listed at paragraph 3 above. However, this summary attempts to place all the responses received in a category which seems to reflect the overall thrust of the main issues raised.
Civic Organisations and Bodies
7. Some of the responses received in this category represented the views of a number of groups and interests. ;38 letters and e-mails were received conveying the views of a range of faith bodies, Kirk Sessions and Parishes across Scotland. This body of opinion unanimously supported the proposals in the consultation document to extend protection in law for workers in the shop and betting sectors who wished to opt out of Sunday working. The majority of the responses support the call for a change in the law to enable people of particular religious beliefs to be allowed to opt out of Sunday working without fear of retribution so that they can worship on a Sunday. Among this group the assumption that a Sunday should not be treated as any other day was predominant.
8. Responses were received from representative bodies in the betting sector - Tote and the Association of British Bookmakers Ltd (ABB). Tote did not object to workers in Scotland having the same rights as workers in the rest of the UK, but stated they were not aware of any risk or discrimination against betting shop workers in Scotland. Tote operates with standard terms and conditions for all employees, irrespective of where they are based. ABB however expressed concern that there was no indication in the consultation paper that full consideration had been given to the alternatives before considering legislation. They added that employees of the major betting shop operators, irrespective of where the live, receive the same contract of employment which allows staff to opt out of Sunday working subject to notice as per the 1996 Act. Overall, responses from this sector were supportive, but ABB called for further consideration to be given to the likely impact on employers who contract workers only to work at weekends.
9. 2 individual trade unions submitted responses. USDAW (the Union of Shop, Distributive and Allied Workers) with 320,000 members nationwide and over 35,000 members in Scotland, welcomed the consultation and the Government's proposals to give Scottish shop and betting workers the right to opt out of working on Sundays. They argued that as there are no restrictions for shops in Scotland on their trading hours on a Sunday, Scottish shopworkers are in greater need of protection. TSSA (the Transport Salaried Staffs' Association) indicated their full support for the proposals.
10. An overarching response from the Scottish Trades Union Congress (STUC) was submitted. The STUC represents around 630,000 working people and their families throughout Scotland. This body of opinion unanimously supported all aspects of the proposals.
11. The Scottish Retail Consortium, CBI Scotland and the Road Haulage Association submitted responses which supported the proposals. They agreed that there was no good reason why employees in these sectors in Scotland should be treated any differently to their counterparts in England and Wales. Their comments broadly indicated support for the proposals.
12. The Federation of Small Businesses (FSB) registered their keen interest in this consultation given that the majority of businesses concerned in Scotland are within the small business sector. The Federation voiced a number of concerns, in particular, the rate of change within the employment legislation field over recent years and the ability of small businesses to keep up. The FSB stated that the vast majority of employers act reasonably and were already bound by the terms of general dismissal legislation. They did not agree that a small number of high profile cases offered sufficient justification for further restrictions on employers in these sectors.
13. The FSB were concerned that the balance between effective protection for workers and placing unnecessary regulatory burdens on businesses in Scotland had not been well struck. They commented that the estimated compliance costs, coupled with suggestion in the RIA that employers will be able to adjust staffing levels in a number of ways, did not reflect the full reality for the smallest businesses. FSB disputes the case for extending the legislation to Scotland.
14. The Scottish Chamber of Commerce responded raising three issues. Firstly, why it was necessary to pursue this action as Scottish businesses had seen no evidence of issues requiring action. Secondly, clarification on whether the Government's position on better regulation has changed and thirdly, why the Regulatory Impact Assessment had not accompanied the consultation document.
15. One employer submitted a response, but asked for the detail to be treated as confidential.
Local Authorities
16. Four individual councils responded indicating support for the principle of extending legislation to protect workers in the designated sectors from discrimination. Out of the 4 responses, one council also indicated support for the David Cairns' Private Members Bill currently going through Parliament.
MPs
17. Twenty two MPs were in favour of harmonising the law to allow workers in Scotland protection from discrimination when they wished to opt-out of working on a Sunday for religious or family reasons and to be able to do so without fear of sanction or dismissal. Two MPs, one working in partnership with his opposite number in the Scottish Parliament, were responsible for 1,852 signatures on a petition supporting a change in the law.
Members of the Scottish Parliament (MSPs)
18. Nine MSPs responded to the consultation. All supported the case for a change in the law aimed at addressing the anomaly between Scotland and England and Wales. 2 MSP's in particular attached petitions on behalf of their constituents totalling some 2,338 signatures (of these 1,852 are counted in the paragraph above).
Individuals
19. In total some 2,469 individual members of the public responded to the consultation, either as part of a larger petition, or as individuals, or as families. All the responses indicated overwhelming support for a change in legislation to afford workers in Scotland legal protection should they wish to opt out of Sunday working. The reasons for supporting the proposals were linked mainly to either religious or family reasons.
Copies of all of the responses, except those where confidentiality was requested, are available for inspection on request at the Scotland Office premises at 1 Melville Crescent, Edinburgh EH3; Meridian Court, 5 Cadogan Street, Glasgow G2; and Dover House, Whitehall, London SW1.
SCOTLAND OFFICE
April 2003
ANNEX A
RESPONDENTS TO THE CONSULTATION
CIVIC ORGANISATIONS AND BODIES
Rev G R Wells, Dumfries
Rev J A Binnie, Helensburgh United Reformed Church
Kirk Session and Deacons Court of Uig Parish Church
Archbishop of St Andrews and Edinburgh
Kirk Session of Crown Church, Inverness
The Methodist Church, Dunblane
Inverness Trinity Church of Scotland
Faith Mission
Moderator, Craigrownie Parish Church
Session Clerk, Kinloch Church of Scotland
Church of Scotland, Parish of Morvern
The Faith Mission Bible College
Holm Evangelical Church
Church of Scotland, Presbytery of Abernethy
The Salvation Army
St Mary's Church, Inverness
Free Church Presbytery of the Western Isles
St Ninians United Free Church
The Parishes of Balquhidder linked with Killin and Ardeonaig
A W F Coghill, Church Minister
Church of Scotland, Presbytery of Paisley
Free Presbytery of Lewis
Callander Kirk
Viewfield Church
Rev A Ramsay, Fort William
Rev B Johnstone
Scottish Episcopal Church, Edinburgh
Dores and Boleskine Church
Rosneath St. Modan's Parish Church
Rev F J MacBain, Isle of Lewis
Christian Socialist Movement
Committee on Church and Nation, The General Assembly of the Church of Scotland
Baptist Union of Scotland
Lord's Day Observance Society
Rev T McGlynn, Scalpay
Revd G I Macaskill, Isle of Lewis
Angus Macleod, Free Church, Stornoway
St Mary's Episcopal Church, Dunblane
Federation of Small Businesses
STUC
TSSA
USDAW
Tote
Road Haulage Association
CBI Scotland
Association of British Bookmakers Ltd
Scottish Retail Consortium
Scottish Chamber of Commerce ;
In addition, 1 respondent wished to have their response treated as confidential.
LOCAL AUTHORITIES
Dundee City
Edinburgh City
Glasgow
MPs
Ann Begg MP
Malcolm Bruce MP
Alistair Carmichael MP
Tom Clarke MP
Tom Harris MP
Sir Archy Kirkwood MP
Mark Lazarowicz MP
Ann McKechin MP
Calum MacDonald MP (including a petition with 1,852 individual constituents)
Michael Moore MP
Sandra Osborne MP
Alan Reid MP
Ernie Ross MP
Frank Roy MP
Malcolm Savidge MP
Jim Sheridan MP
Rachel Squire MP
Gavin Strang MP
John Thurso MP
Bill Tynan MP
Des Browne MP
John Robertson MP
65 individuals on a petition from Eric Joyce's constituency
SCOTTISH PARLIAMENT
Jackie Baillie MSP
Helen Eadie MSP
Brian Fitzpatrick MSP (including a petition with 486 individual constituents)
Trish Godman MSP
Marilyn Livingstone MSP
Kenneth Macintosh MSP
John McAllion MSP
Tom McCabe MSP
Alasdair Morrison MSP (including a petition with 1,852 individual constituents)
INDIVIDUALS
Jo Lloyd, Newmilns
Kenneth MacLeod, Isle of Lewis
Ruth Angove, Edinburgh
Donald Angus and Mary Mackay, Isle of Lewis
Mr and Mrs A MacKenzie, Isle of Lewis
Janet Morrison, Isle of Lewis
Freda Loudon, Johnstone
Lavinia A Clark, Edinburgh
Janet P Clark, Edinburgh
Catherine E Campbell, Isle of Lewis
A Morrison, Isle of Lewis
Rosemary Cleary, Paisley
Robert Greig, Elderslie
D MacDonald and Family, Isle of Lewis
Norman and Christine Thomson, Isle of Lewis
J Morrison, Isle of Lewis
Margaret MacKay, Isle of Lewis
D Murray, Isle of Lewis
C MacLean, Isle of Lewis
E Knapp, Edinburgh
Kathleen Donald, Edinburgh
M H Mason, Edinburgh
K B Crichton, Isle of Lewis
P L Stewart, Edinburgh
A J MacKenzie, Edinburgh
M Brodie, Edinburgh
Robert and Chrissie Carswell, Edinburgh
P Cooper, Edinburgh
C MacAulay
D S Clark, Dumfries
K Murray
C Mackenzie, Isle of Lewis
J M M MacDonald
M Steele, Elderslie
Angus Smith, Stornoway
Calum Maclean, Isle of Lewis
Angus Mackay, Isle of Lewis
J A Gillies
Mary Gillies
J N Campbell, Isle of Lewis
Hugh Maclennan
Colin L Macleod, Isle of Lewis
A Macaulay, Isle of Lewis
Ken and Anne MacPhail, Isle of Lewis
Mr and Mrs Malcolm Gunn, Isle of Lewis
Alec J Macaulay, Isle of Lewis
J Macaulay, Isle of Lewis
Keneth Macaulay, Isle of Lewis
Mr C McElhatton, Isle of Lewis
Mrs C McElhatton, Isle of Lewis
A Gardner, Edinburgh
C S Rutherford, Edinburgh
Angus and Anne Stewart, Edinburgh
E N Taylor, Edinburgh
Colin N Macdonald, Isle of Lewis
M Macdonald, Isle of Lewis
M Herkes, East Lothian
C Dickie, Edinburgh