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uk
General secretary Dr Mary Bousted B.A. (Hons) M.A. PhD | Vat reg no. 539 0866 17

The Living Wage (Scotland) Bill Submission from ATL Scotland 3 December 2012 ATL is the union for education professionals across the UK. Active in the maintained, independent and post-16 sectors, we use our members experiences to influence education policy, and we work with government and employers to defend pay, conditions and career development. From early years to HE, teachers to support staff, lecturers to leaders, we support and represent our members throughout their career. ATL is affiliated to the Trades Union Congress (TUC), Irish Congress of Trade Unions (ICTU), European Trade Union Committee for Education (ETUCE) and Education International (EI). ATL is not affiliated to any political party and seeks to work constructively with all the main political parties. 1 Do you support the general aims of the proposed Bill? (as outlined in paragraphs 32 to 39 above) Please indicate yes/no/undecided and explain the reasons for your response. ATL supports the general aims of the proposed Bill. We are affiliated to the End Child Poverty Campaign1 which seeks to inform the public about the causes and effects of child poverty and promote the case for ending child poverty by 2020. Our Scottish Parliament Election 2011 Manifesto2 called for the newly elected Parliament to tackle child poverty and supported Oxfam Scotlands proposal for a Poverty Commissioner to provide an independent voice for people living in poverty in Scotland. We recognise that a living wage would not apply directly to the teaching profession however the beneficial impacts of tackling in-work poverty will hopefully be felt in schools with a decrease in the number of pupils attending school without nutritious meals assisting in raising educational attainment of pupils living in poverty. 2 Do you envisage any issues for public sector bodies when including the Living Wage as a contract performance condition of a contract? Please explain the reasons for your answer. It is clear from the consultation document that potential difficulties exist in meeting European legislation and guidance if the Living Wage is included as a contract performance clause of a procurement contract. We believe that as with the Scottish Governments proposals for minimal pricing for alcohol where there is a political commitment to introduce such a measure then the potential to overcome obstacles is increased. The concept is certainly worthy of further consideration once the consultation period is complete.

3 What do you consider will be the advantages or disadvantages for employers and employees if public sector performance clauses stipulate the payment of the Living Wage? Research shows that women are more likely to be afflicted by low pay than men; comprising sixty-seven percent of low-paid workers in Scotland3. In this respect then introducing the Living Wage can have a beneficial impact on employees. We can however foresee objections by employers and/or employer organisations in respect of the financial cost to them of introducing the Living Wage. The consultation document itself in Annex C references the positive impact of upon KPMG in its decision to pay staff a Living Wage (alongside improvements in other benefits) citing a reduction in cleaning staff, an increase in morale amongst the teams and that service has improved. 4 Which public sector bodies should use contract performance clauses to deliver the Living Wage? Please include the reasons for your choice. We recognise that the draft Bill seeks not only to ensure the payment of a Living Wage but also the duty for promotion of a Living Wage. Different public sector bodies may be affected in different ways by the two different requirements of a successful Bill. We would therefore suggest that a broad definition of public sector bodies is used in order to future-proof against changes in the named bodies; either in duties and/or title. The possibility of naming the bodies in guidance rather than in the Bill itself should be considered. 5 Which bodies should be mandatory consultees? Please include the reasons for your choice. All public bodies, employer organisations, local authorities, STUC and respondents to this consultation should be mandatory consultees for a future Bill. We believe that if a Bill is to be successful then the consultation process should engage as far as possible with those it will impact upon. 6 What information must be included in the Scottish Ministers report to the Scottish Parliament? Please explain the reasons for your answer. ATL believes that the ministers report to parliament should include: a description of the action taken by the Scottish Government to promote the Living Wage through the procurement process; a description of the action taken by the Scottish Government to promote the concept of a Living Wage outside of the procurement process; the anticipated and/or recorded impact (positive or negative) of using the procurement process to promote the Living Wage; a description of what the Scottish Government intends to do in respect of promoting a Living Wage in the period before it is next due to report to Parliament.

7 What is your assessment of the likely financial implications of the proposed Bill to you or your organisation; if possible please provide evidence to support your view? What (if any) other significant financial implications are likely to arise? There would be no financial implications on ATL arising from the proposed Bill. We recognise however that our support for the aims of the proposed Bill is predicated upon a desire to see a reduction in child poverty; therefore increasing the potential for each child to get the most out of their education. It has been estimated that the cost to public services of under-achievement in education is around 1billion a year in Scotland4. We would suggest the financial implications of the proposed Bill are better considered from the perspective of the cost of in-action than implementing the Bill. 8 Is the proposed Bill likely to have any substantial positive or negative implications for equality? If it is likely to have a substantial negative implication, how might this be minimised or avoided? We believe that the proposed Bill has the potential to make a positive impact on pay-inequality between women and men. We cannot foresee any other implications for equality beyond those already outlined in the consultation document. 9 Do you have any other comments on or suggestions relevant to the proposal? ATL welcomes the opportunity to submit a response to the consultation paper. It is clear that implementing a living wage will not be straight-forward however this proposed Members Bill is an important step in ensuring that post-election the issue remains at the forefront of the political agenda.
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http://www.endchildpoverty.org,uk http://www.atl.org.uk/Images/ATLscotlandmanifesto2011.pdf 3 Poverty in Scotland 2011, p214, CPAG, London 4 D Hirsh, Estimating the Cost of Child Poverty in Scotland, Scottish Government, 2008