Meeting of the Parliament 20 May 2014
As a member of the Local Government and Regeneration Committee, I have had the opportunity to consider in some detail the proposal contained in the bill and its likely effects. I thank Dennis Robertson MSP for bringing an important issue to the attention of the Scottish Parliament, and I commend his efforts in raising awareness of the very real consequences of blue badge misuse in towns and cities across Scotland.
I fully support the bill’s broad aims. I acknowledge that it can often be challenging for disabled people to find accessible parking spaces and that blue badges go some way towards addressing the difficulties that badge holders experience in reaching their destination safely. I was initially surprised to learn that more than half of all blue badge holders believe that misuse of badges is a major problem. Despite realising that disabled parking badges were too often open to misuse, I had not appreciated the scale of the problem that local authorities face in distinguishing between genuine and fraudulent badge holders.
I feel strongly that the Scottish Government should seek to work with key stakeholders to ensure that all blue badge holders are properly educated on the use of the badge. I appreciate the minister’s comments about the top 10 tips that people will easily understand, which sounds like an excellent idea. That would provide reassurance that disabled people who inadvertently misuse their badge will not be penalised under the bill’s provisions.
I recognise concerns raised by the Law Society of Scotland that the introduction of new criminal offences—of driving a motor vehicle while displaying a cancelled badge and of wrongful use of a blue badge—are simply duplications of the existing common-law offence of fraud. However, I believe that the incorporation of those offences in statutory form will raise awareness of the seriousness of blue badge misuse and will send a clear message that those who deprive genuinely disabled people of accessible parking spaces will be punished.
However, I share the concern that the bill does not contain a right of appeal to an impartial body after a blue badge application has been reviewed and rejected by a local authority. I believe that there should be an external appeals process—one that is resourced—that reviews the rejection of applications by local authorities, and that that external process should have the power to overturn the original decision if there is evidence to justify an appeal. I also believe that, as Cameron Buchanan said in his closing speech, local authorities should be fully resourced to implement the provisions of the bill, including in relation to enforcement and the review elements of the of the blue badge application process.
Notwithstanding those observations, I am delighted to confirm my support for the aims of the proposed legislation. and I look forward to considering the issues in greater detail with my constituents as the bill progresses.
17:15