Committee
Public Petitions Committee 08 March 2011
08 Mar 2011 · S3 · Public Petitions Committee
Item of business
Current Petitions
Mosquito Devices (PE1367)
I was impressed by the way in which the petitioner—Andrew Deans, who is a member of the Scottish Youth Parliament—took the matter forward. In giving his evidence, he spoke without using notes, which you remarked on. I also agree with John Farquhar Munro, who pointed out that very young children and toddlers would be worried, disturbed and upset by the noise, which they would not understand, and that their parents would not know what was happening. Those points were very well made by committee members and there was strong unanimity of approach.It is for the committee to determine the best approach. One route would be a legislative approach, which would require consideration of whether there is a basis for a ban on the device. It is not clear to us that the legislative competence to impose such a ban rests with the Scottish Parliament; therefore, various issues regarding legislative competence would have to be fully explored. Perhaps foolishly, I looked at paragraph C7 of schedule 5 to the Scotland Act 1998, which appeared to be relevant—however, we act not on the basis of my advice, but on that of the Scottish Government legal directorate, and we do not have that advice. Nevertheless, I think that there is a case for a ban. That is a matter that I would want to discuss with Theresa May, to get the UK Government’s views. There may be an argument that more evidence is required, especially if we move from a position of general disapproval—on which there is agreement—to a ban, which is a step on which other views would be needed.I have given some thought to—and am happy to run through, if the committee would find it useful—other areas where work might be needed. The committee or, indeed, Parliament would be free to take that work forward as it saw fit and in the manner that Anne McLaughlin has highlighted.
In the same item of business
The Convener
Lab
The next petition is PE1367, by Andrew Deans, on behalf of the Scottish Youth Parliament, seeking to ban the use of Mosquito devices.I welcome to the committ...
Bill Butler
Lab
What precisely did you mean, in your letter dated 25 January 2011, when you said:“we will consider very carefully all arguments made in relation to these dev...
The Minister for Community Safety (Fergus Ewing)
SNP
We will consider them with all stakeholders, MSPs, interested members of the public and Her Majesty’s Government.
Bill Butler
Lab
Scotland’s Commissioner for Children and Young People has provided three issues to be considered in respect of the matter, which are set out in the petitione...
Fergus Ewing
SNP
Certainly. In September 2010, I wrote to Theresa May MP and offered to work with her and her officials on the UK coalition Government’s approach to tackling ...
Bill Butler
Lab
I am obliged.15:00
Anne McLaughlin
SNP
In its latest response, the Scottish Government states:“We consider that the mosquito device is not consistent with our approach as outlined in Promoting Pos...
Fergus Ewing
SNP
I will be forthright with the committee. The Scottish Government does not support and has never supported the use of the devices. The devices are incompatibl...
Anne McLaughlin
SNP
So, we all generally agree that the Mosquito is a completely undesirable method of—supposedly—tackling antisocial behaviour. We are left with the three main ...
Fergus Ewing
SNP
I was impressed by the way in which the petitioner—Andrew Deans, who is a member of the Scottish Youth Parliament—took the matter forward. In giving his evid...
The Convener
Lab
The committee would be keen to hear about that, but I think that Cathie Craigie has another question.
Cathie Craigie
Lab
I am glad to hear that the minister is going to continue the discussions with his Westminster counterpart, because it would be good to have a UK-wide solutio...
Fergus Ewing
SNP
John Brownlie is more familiar with that part of the act. Would it be in order for him to answer that specific question, convener?
The Convener
Lab
Yes.
John Brownlie (Scottish Government Directorate for Safer Communities)
As you have said, Ms Craigie, powers exist to seize noise-making equipment. However, when I discussed the issue with a local government colleague who is the ...
Cathie Craigie
Lab
I take John Brownlie’s point about problems with detecting this equipment. However, younger people have been used to implement other legislation, for example...
John Brownlie
I will certainly discuss that with our local authority colleagues.
Nigel Don
SNP
I certainly invite the minister to make his suggestions about the way forward because, to be honest, I think that they would be helpful. Before he does so, t...
Fergus Ewing
SNP
I read in the Official Report of the committee’s previous discussion of this matter that Mr Don had experienced one of these devices when he was out canvassi...
The Convener
Lab
I am sure that she will be terribly disappointed if that does not happen.
Anne McLaughlin
SNP
I know that the election is coming up but, if it were not and if we were carrying on as normal, what would the Scottish Government do? I take it that your su...
Fergus Ewing
SNP
We recognise that the United Nations Convention on the Rights of the Child must be considered in this case. The committee has looked into that. Article 15 cl...
Anne McLaughlin
SNP
One of the petitioner’s suggestions was that the Government could review whether public sector organisations have a responsibility on this issue under the pu...
Fergus Ewing
SNP
I am happy to give an undertaking to look into the general question further. However, it is likely that I may be advised that, in doing so, it would be neces...
Anne McLaughlin
SNP
Will you consult the petitioner, who is currently doing a lot of work on that anyway and might be able to help to provide some of the evidence?
Fergus Ewing
SNP
I would be happy if the petitioner, and anyone else who has an interest, wishes to contact us with their views on the matter. However, from my reading of the...
The Convener
Lab
I understand that Mr Deans is watching the meeting on the television so I am sure that he has heard that invitation.
John Wilson
SNP
The issue for me is that the use of the devices is unknown. We do not know how many retailers, shopping malls or private individuals are using them. Until we...
Fergus Ewing
SNP
John Farquhar Munro made the point earlier that young children, such as two-year-olds and toddlers, may well be disturbed, distressed and upset when within h...
The Convener
Lab
I will not be sitting in this chair.I ask the committee for views on what to do with the petition.