Committee
Transport and the Environment Committee, 22 Nov 2000
22 Nov 2000 · S1 · Transport and the Environment Committee
Item of business
Transport (Scotland) Bill: Stage 2
After section 69
I hope that Janis Hughes's logic also applies to amendment 289, in the minister's name. The whole intent behind section 70 and the granting of powers to the police has become clear only with the lodging of Fiona McLeod's amendment; perhaps Capability Scotland's view has been focused in the same way.
Amendment 289, in particular, is fundamentally flawed. Although Fiona McLeod rightly talked about the police being judge and jury, the issue concerns far more than that—in effect, the draconian measure uses a hammer to crack a nut. I have always been told that discrimination happens where one group is treated differently from another, which is exactly what will happen if constables are given the power to demand badges using their own evidence without recourse to a court of appeal or other appeals mechanisms. If amendment 289 had suggested that the constable report the matter to the authority that handed out the badge and that the authority then consider the evidence, that would have been a far more robust and sensible process. It cannot be right for a constable to arrive on the spot and, on the evidence available at the time, to stop a person using their badge for a given period before they can have recourse to an appeals mechanism. The process should be the opposite way round.
If there are real concerns, the constable should take the power to report the matter to someone; the regulating authority could then take evidence from both sides and make a decision. Perhaps the minister can let us know of any other circumstances in which a constable is empowered to take something from an individual, because I am not aware of any such case. As I have said, if there are no other such cases, the measure can only be discriminatory, as one section of the community will be treated differently from others.
Amendment 289, in particular, is fundamentally flawed. Although Fiona McLeod rightly talked about the police being judge and jury, the issue concerns far more than that—in effect, the draconian measure uses a hammer to crack a nut. I have always been told that discrimination happens where one group is treated differently from another, which is exactly what will happen if constables are given the power to demand badges using their own evidence without recourse to a court of appeal or other appeals mechanisms. If amendment 289 had suggested that the constable report the matter to the authority that handed out the badge and that the authority then consider the evidence, that would have been a far more robust and sensible process. It cannot be right for a constable to arrive on the spot and, on the evidence available at the time, to stop a person using their badge for a given period before they can have recourse to an appeals mechanism. The process should be the opposite way round.
If there are real concerns, the constable should take the power to report the matter to someone; the regulating authority could then take evidence from both sides and make a decision. Perhaps the minister can let us know of any other circumstances in which a constable is empowered to take something from an individual, because I am not aware of any such case. As I have said, if there are no other such cases, the measure can only be discriminatory, as one section of the community will be treated differently from others.
In the same item of business
The Convener:
Lab
Amendment 286, in the name of the minister, is grouped with amendment 287.
Sarah Boyack:
Lab
Amendments 286 and 287 provide Scottish ministers with new powers to pay grant to support a range of transport initiatives across Scotland. As I will explain...
Mr Tosh:
Con
I am distinctly uneasy about ministers lodging fairly detailed and substantial amendments so late in the day—that is a point of principle. However, on this o...
Bruce Crawford:
SNP
I have some questions for the minister. I am quite happy with the amendments, although I share some of Murray Tosh's concerns about why they have come to the...
Helen Eadie:
Lab
I share the concern about the scenario at Rosyth, although I warmly welcome both the amendments. If I dare be political, the amendments are one of the great ...
The Convener:
Lab
As no other member has indicated that they want to speak, I will ask the minister to respond.
Sarah Boyack:
Lab
I want to respond to four key issues. First, I say to Murray Tosh that we indicated in the proposals document in February that we intended to introduce an ex...
Amendment 286 agreed to.
Amendment 287 moved—Sarah Boyack—and agreed to.
The Convener:
Lab
We will take a short break.
Meeting adjourned.
On resuming—
Section 70—Badges for display on motor vehicles used by disabled persons: enforcement
The Convener:
Lab
The next amendment for debate is amendment 289, in the name of the minister, which is grouped with amendments 290, 288 and 291, also in the name of the minis...
Sarah Boyack:
Lab
As members will have noted, section 70 of the bill amends section 21 of the Chronically Sick and Disabled Persons Act 1970. The Executive amendments in this ...
The Convener:
Lab
I ask Fiona McLeod to speak to amendment 296.
Fiona McLeod:
SNP
Amendment 296 would delete the whole of section 70. I will first make a general statement and then respond to some of the minister's remarks on the amendment...
Janis Hughes:
Lab
I am concerned that we are discussing an amendment that deletes a whole section. As far as I know, before yesterday, I had not received any correspondence fr...
Bruce Crawford:
SNP
I hope that Janis Hughes's logic also applies to amendment 289, in the minister's name. The whole intent behind section 70 and the granting of powers to the ...
Helen Eadie:
Lab
I share Janis Hughes's concerns; I received my e-mail only late last night when I arrived home after a series of meetings. Lobbying organisations should bear...
Nora Radcliffe (Gordon) (LD):
LD
I endorse what Helen Eadie said about the purpose of section 70. It should not be removed. Disabled people are not more or less honest or dishonest than any ...
Donald Gorrie:
LD
I would be inclined to vote against both Sarah Boyack's amendment 289 and Fiona McLeod's amendment 296, which would delete section 70. The section addresses ...
Mr Tosh:
Con
The minister was concerned about Capability Scotland's reaction and was anxious to use the time between now and stage 3 to resolve matters. That is a sensibl...
Cathy Jamieson:
Lab
I had concerns when I read Capability Scotland's document. Like other members, I was a bit concerned that I received the information only late last night—if ...
Fiona McLeod:
SNP
I thank the convener for accepting my manuscript amendment. As other members said, the concerns are deep. I do not think that we should criticise a voluntary...
Sarah Boyack:
Lab
I am aware of the concerns that committee members have expressed. I want to make it clear that the core purpose behind the amendments comes from DPTAC. I int...
Amendment 289, by agreement, withdrawn.
Amendment 290 not moved.
Amendment 288 moved—Sarah Boyack—and agreed to.
Amendments 291 and 296 not moved.