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
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 stage 1. Inclusion Scotland thought it necessary that amendments be lodged to highlight some of its concerns.There is no issue with or objection to the confiscation of blue badges that have been cancelled or made invalid. However, there is concern that the confiscation of a valid badge might have serious consequences for a disabled person, with an impact on their right to live independently.We would like section 3 to be amended to restrict the power to confiscate badges and cancel invalid or fraudulent badges. The confiscation of a valid badge in effect imposes a penalty without there being a right of appeal. The appropriate penalty is a fixed-penalty notice for the parking offence, which can be appealed, or, in the case of systematic or repeated abuse, prosecution through the courts.The purpose of amendment 1 is therefore to limit the power to confiscate so that it applies only to blue badges that are not valid, for example because they have been cancelled, should have been returned to the issuing authority, have been tampered with or are fake. It should be possible for enforcement officers quickly to establish whether a badge is invalid, by checking the serial number against the national database. If a valid badge has been misused, it should not be assumed that the misuse will continue or that the badge will not be returned to the badge holder by the person who allegedly misused it.Guidance can be established for a process for informing the badge holder of the alleged misuse, requiring the badge holder to confirm that the badge has been returned to them and warning that its future misuse may lead to the badge being withdrawn.I move amendment 1.
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...