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
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 person had cause to know that they were using a cancelled badge or a badge that should have been returned to the issuing authority under the regulations. That would mean that an element of knowledge would need to be proved by the prosecutor.I oppose the amendment as it introduces an unnecessary complication and would make it very difficult to obtain convictions against those abusing the scheme. This is an area where it would be exceedingly difficult to frame an offence so as to leave reasonable prospect of convicting those who should be convicted while ruling out completely the possibility of action against an innocent party who uses a cancelled badge inadvertently.As the law stands, each case has to be treated on its own merits. Not all cases will be considered appropriate for report to the procurator fiscal. When cases are reported by the police or a local authority, the procurator fiscal will decide what action to take and whether prosecuting someone would be in the public interest.We would not expect action to be taken if a person who had reported their badge lost found it and inadvertently used it instead of their replacement badge. The same situation would apply to a carer who transported a badge holder and was unlikely to be aware that the badge holder was using a cancelled badge.12:45 Those examples are identified in the guidance to support the bill that the multi-agency working group, which I understand includes Inclusion Scotland, is developing. That guidance also highlights the need for a pragmatic approach.Amendment 3 would remove section 4(2), which amends section 117 of the Road Traffic Regulation Act 1984 to make it an offence to display on a parked vehicle a badge that has been cancelled or which should have been returned to the issuing authority under regulations. I oppose the amendment for exactly the same reasons as I opposed amendment 2.Amendment 4 would remove section 4, which would mean that neither section 21 of the 1970 act nor section 117 of the 1984 act would provide for it to be an offence to use a badge that has been cancelled or which should have been returned under regulations. Section 2 of the bill gives local authorities the statutory power to cancel badges that are reported as lost or stolen or which should have been returned under regulations. If such a badge is subsequently found to be in use—particularly by a person to whom the badge was not issued—it is logical that that misuse should constitute an offence.I ask John Wilson to seek the committee’s agreement to withdraw amendment 2 and I ask him not to move amendments 3 and 4.
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...