Committee
Local Government and Regeneration Committee 11 June 2014
11 Jun 2014 · S4 · Local Government and Regeneration Committee
Item of business
Disabled Persons’ Parking Badges (Scotland) Bill: Stage 2
Our next item of business is stage 2 consideration of the Disabled Persons’ Parking Badges (Scotland) Bill. I welcome Dennis Robertson, the member in charge of the bill; Stewart Stevenson, who has been designated as member in charge of the bill for the purposes of stage 2; and Keith Brown, Minister for Transport and Veterans, who has portfolio responsibility for the bill’s subject matter.Everyone should have with them a copy of the bill as introduced, the marshalled list of amendments and the groupings of amendments. I remind members of our stage 1 report on the bill as it relates to the subject matter of the amendments that are before us.There will be one debate on each group of amendments. I will call the member who lodged the first amendment in each group to speak to and move their amendment and to speak to the other amendments in the group. Members who have not lodged amendments in the group and who want to speak should indicate that to me. If Mr Robertson wants to contribute to the debate on a group of amendments, he should indicate that to me. If they have not already spoken on the group, I will invite the minister and then Mr Stevenson, as the designated member in charge, to contribute to the debate.I will conclude the debate on each group by inviting the member who moved the first amendment in the group to wind up. I will then ask whether the member wants to press their amendment to a vote or withdraw it. If they want to press the amendment, I will put the question. If a member wants to withdraw their amendment after it has been moved, they must seek the committee’s agreement to do so. If any committee member objects, the committee must immediately move to a vote on the amendment.If a member does not want to move their amendment when I call it, they should say, “Not moved.” Please remember that any other member of the Scottish Parliament may move such an amendment. If no one moves the amendment, I will immediately call the next amendment on the marshalled list.Only MSPs are allowed to participate in debates on amendments, and only committee members are allowed to vote at stage 2. Voting is by show of hands. It is important that members keep their hands clearly raised until the clerk has recorded the vote. I will put a question on each section at the appropriate point.Before I move on to the amendments, does any member of the panel want to make general remarks?
In the same item of business
The Convener
SNP
Our next item of business is stage 2 consideration of the Disabled Persons’ Parking Badges (Scotland) Bill. I welcome Dennis Robertson, the member in charge ...
Dennis Robertson (Aberdeenshire West) (SNP)
SNP
I thank the committee for its consideration of the bill at stage 1 and I thank members who took part in the stage 1 debate, after which the Parliament agreed...
The Convener
SNP
Thank you.Sections 1 and 2 agreed to.Section 3—Power to confiscate badge
The Convener
SNP
Amendment 1, in the name of John Wilson, is in a group on its own.
John Wilson
SNP
I make clear to the committee that the amendments that I have lodged were suggested by Inclusion Scotland, from which the committee took evidence during stag...
The Minister for Transport and Veterans (Keith Brown)
Third-party misuse of blue badges is a problem on which I have received correspondence from constituents and from the wider public during the course of scrut...
The Convener
SNP
We will hear first from Mr Stevenson, as the designated member in charge of the bill. I will take Mr Robertson after that.
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
Amendment 1 seeks to remove the power of a constable or enforcement officer in Scotland to confiscate a badge that has been issued under section 21 of the Ch...
Dennis Robertson
SNP
The point has been well verbalised by Stewart Stevenson. We are trying to get the badges that are being misused off the streets. That misuse disadvantages pe...
John Wilson
SNP
I welcome the statement by Mr Stevenson that a blue badge will be returned to the rightful owner if it is a legitimate blue badge. Based on his assurances, I...
The Convener
SNP
Amendment 2, in the name of John Wilson, is grouped with amendments 3 and 4.
John Wilson
SNP
Inclusion Scotland and other organisations representing disabled people have expressed concern that a disabled person or a carer may be criminalised if they ...
The Convener
SNP
Thank you. Maybe in your summing up, Mr Wilson, you could tell us what other organisations backed Inclusion Scotland, as you said that Inclusion Scotland and...
Keith Brown
I do not support the amendments. In my view, there has to be adequate redress for those who use cancelled badges or who use badges that should have been retu...
Stewart Stevenson
SNP
Amendment 2 provides that a person would only be guilty of an offence under section 21(4BZA) of the Chronically Sick and Disabled Persons Act 1970 if that pe...
Dennis Robertson
SNP
I have little to add. If a badge is lost and then found but another badge has been issued, that could involve a mix-up, which will be taken into account. Eve...
John Wilson
SNP
I will respond to the convener’s question. As he knows, Inclusion Scotland is a national network of disabled people’s organisations and individual disabled p...
The Convener
SNP
Amendment 5, in the name of John Wilson, is grouped with amendment 6.
John Wilson
SNP
Concern remains about the use of non-uniformed enforcement officers for inspection and confiscation of badges. There is no objection to non-uniformed officer...
Cameron Buchanan
Con
It does not matter whether officers are non-uniformed; as long as they have the right identification, it should be okay. It will waste officers’ time if a no...
Keith Brown
I agree with Cameron Buchanan. Cases of suspected fraud or persistent misuse of a blue badge often require longer-term surveillance and investigation than ca...
Stewart Stevenson
SNP
Amendment 6 would delete the provision that will enable local authorities to appoint a new class of officer, who might or might not operate in uniform, to en...
Dennis Robertson
SNP
I concur with Cameron Buchanan’s statement. A valid badge holder has nothing to fear at any time when producing that badge, whether the official is in unifor...
The Convener
SNP
I invite John Wilson to wind up and to indicate whether he intends to press or withdraw amendment 5.
John Wilson
SNP
I welcome the assurances that I have received from the minister and from Stewart Stevenson, particularly in relation to the ID that would be issued to any of...
The Convener
SNP
Amendment 7, in the name of John Wilson, is in a group on its own.
John Wilson
SNP
As Stewart Stevenson has already said, Inclusion Scotland is a member of the blue badge enforcement working group. I welcome the progress that the group is m...
Keith Brown
Amendment 7, as we have heard, seeks to ensure that“The Scottish ministers may issue guidance on implementation”of the provisions in the bill, and that“Local...
Stewart Stevenson
SNP
Amendment 7 seeks to provide statutory underpinning for any guidance that is issued in respect of the provisions of the bill. I entirely agree with the views...
Dennis Robertson
SNP
The minister referred to the two multi-agency working groups. I attend those groups, as does Inclusion Scotland. During the meetings we have worked closely w...