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 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 enforce the blue badge scheme. Amendment 5 is consequential on amendment 6, because if the new class of enforcement officer cannot be used by a local authority there will be no need for the provision in section 5(3) whereby it will not be an offence to refuse to allow a badge to be examined if“the officer does not produce appropriate evidence of the officer’s authority to exercise the power”.I oppose amendments 5 and 6, because they would restrict local authorities’ power to take a proactive approach to blue badge misuse. Cases of systematic fraud and misuse cannot always be dealt with at the time by parking attendants, who have wider duties to carry out. Such cases might need longer-term surveillance and investigation.In addition, when members of the public report cases of suspected fraud or persistent misuse of a blue badge to their local authority, they quite rightly expect that their concerns will be taken seriously and fully investigated.Local authorities that choose to employ enforcement officers will be able to take a more proactive approach to blue badge misuse. As the minister said, parking attendants, who have wider responsibilities, will not always be able to follow up cases with the longer-term surveillance that might be required to establish a pattern of misuse over time, and to gather supporting evidence.Of course, all areas of the country might not experience the same level of blue badge abuse, particularly where parking is free.Misuse and, more seriously, abuse of blue badges could lead to the more than a quarter of a million people who have a genuine need being deprived of access to their parking places, so it should be understood that gathering information and evidence will be a necessary part of tackling the issue. Having the option to deploy plain-clothes staff to undertake enforcement duties is necessary, as it is with plain-clothes police, to support surveillance activities and to protect staff in what may be challenging circumstances. Where local authorities face particular challenges, that option could increase effectiveness and improve outcomes for badge holders.Like all enforcement staff, those who carry out their duties in plain clothes have a requirement to carry appropriate identification and authorisation—particularly when they approach members of the public. In that respect, they are like any other public official. There is no more potential for fraudulent impersonation of such staff than is the case for other authority holders. I therefore request that John Wilson seek the committee’s approval to withdraw amendment 5, and ask him not to move amendment 6.
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...