Meeting of the Parliament 19 August 2014
I am pleased to support Dennis Robertson and to commend him for the work that he has undertaken in developing the bill.
I thank the Local Government and Regeneration Committee, the Finance Committee and the Delegated Powers and Law Reform Committee for considering the bill and the evidence from the agencies with an interest in the blue badge scheme’s operation—particularly disability groups, which Dennis Robertson mentioned.
The bill takes a number of steps to strengthen enforcement powers for local authorities when dealing with blue badge misuse. It will allow the confiscation of badges that are no longer valid or which are being misused by third parties; make the use of a cancelled badge or one that should have been returned to the issuing authority under the blue badge regulations an offence that sits alongside the existing statutory offence of misuse of a blue badge; allow local authorities, should they choose to do so, to use plain-clothes officers who are carrying identification and authorisation to inspect and confiscate badges; and introduce an important requirement for local authorities to have in place a review process for applicants who have been refused a blue badge.
On the surface, elements of the bill might appear punitive. However, its aim is to protect the rights of disabled blue badge holders and it responds to calls from badge holders for better enforcement of the scheme. Concerns have been expressed—primarily by Inclusion Scotland—about the confiscation of badges from third parties and the use of plain-clothes officers, but Dennis Robertson has been thorough in his consideration of and consultation on the issue. He has sought to protect badge holders by ensuring that all valid badges that have been confiscated will be returned to the badge holder as soon as is practicable.
In turn, local authorities want to ensure that badge holders can use their badges, whether as a driver or a passenger, for the intended purpose and within the scheme’s rules. The scheme provides street parking concessions to assist badge holders to live independent lives.
In response to the concern that Inclusion Scotland raised that plain-clothes officers will cause fear and alarm to badge holders or that such officers might be impersonated for fraudulent purposes, I agree with the conclusions that the Local Government and Regeneration Committee reached in its stage 1 report. Non-uniformed council officers already operate in a range of areas across Scotland without the difficulties that Inclusion Scotland suggested. The intention behind the bill is that non-uniformed officers will improve enforcement of the blue badge scheme by carrying out surveillance and gathering information and evidence on the systematic abuse of blue badges.
It is worth bearing in mind that someone misusing a blue badge or someone using a blue badge that is not rightfully theirs can save many thousands of pounds a year in certain parts of the country. Abuse of the scheme often involves the use of a person’s badge by a friend, family member or carer for their own benefit but it can extend beyond that. I understand that there is also a relatively lucrative trade in forged badges. The lure of free parking is a temptation that some people cannot refuse.
The bill also extends powers to the police and to traffic wardens to confiscate badges. I am happy to say that we are working with local authorities and Police Scotland to provide the police with access to the blue badge national database, which means that they will be able to check the status of blue badges anywhere in the country.
The bill is designed to fit in with existing powers and practices. Dennis Robertson has not been working in isolation. As we heard, he has been working closely with two working groups that have representation from local authorities, Police Scotland and third sector organisations to ensure that the bill translates and can easily work alongside current processes.
The provisions will be supported by guidance that will be developed by those multi-agency groups to address the requirements of the legislation. The guidance will also take into account the need for sensitivity and proportionality, which concerns were expressed about at stage 2.
Dennis Robertson’s work has been the catalyst in identifying a need to raise awareness of the blue badge scheme’s rules and regulations among badge holders, their families, carers and the wider public. I am pleased that that work is being progressed through those working groups.
The intention is to identify ways to clarify the purpose of the blue badge scheme and the impact of misuse on disabled people. I am sure that local authorities and the third sector will assist in getting across the messages about the scheme to the wider public.
I am pleased to say that Transport Scotland has commissioned work to test the understanding of blue badge holders of the proposed top 10 tips for using a blue badge. The tips are intended to act as an aide-memoire for badge holders, their relatives and carers on the dos and don’ts when using a blue badge. That concept was supported—perhaps even initiated to some extent—by the Local Government and Regeneration Committee.
Although the bill is primarily about increasing enforcement powers in practice, it will also send out a strong message to those who might think about using someone else’s badge for their own gain. I hope that it will make them think again about doing that. Misuse of a badge should be not only illegal but socially unacceptable.
Each time a blue badge is used for anything other than the purpose for which it was issued, not just one badge holder but many are prevented from getting on with their lives because they are prohibited from accessing the parking concessions to which they are entitled.
I thank Dennis Robertson for his work so far. The Scottish Government is very supportive of the bill.
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