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Chamber

Meeting of the Parliament 23 April 2015

23 Apr 2015 · S4 · Meeting of the Parliament
Item of business
Air Weapons and Licensing (Scotland) Bill: Stage 1
Baxter, Jayne Lab Mid Scotland and Fife Watch on SPTV

The bill is wide ranging and far reaching, and it is important that it is subject to scrupulous scrutiny in the Parliament. The scale of the bill’s ambition, however, leads me to believe that it would have been far better if it had been divided into smaller parts, so that each area could have been scrutinised as closely as possible. The provisions in the bill could easily have formed the larger part of several bills. When the Scottish Government considers issues of this significance in future, it should deal with them in discrete bills, to ensure that the Parliament’s legislation is as robust and effective as possible.

The licensing of the ownership of air weapons is a hugely important topic. I am sure each of us can recall the tragic cases that have been in the news over the years of air weapons leading to deaths and serious injuries. The approach adopted in the bill is therefore to be broadly supported. It is important that we keep in mind that there are some, albeit very limited, reasons for people to own and use air weapons. Shooting sports are as legitimate as any other and we should avoid stigmatising people who choose to participate in them. We must, however, remember that air weapons are weapons. We cannot allow further tragedies to take place across Scotland involving air weapons. I am pleased that there is cross-party agreement on this topic—or at least there was until today’s debate. I hope that we can get that cross-party agreement back.

As the committee noted, it is important that there is a well-funded and well-implemented publicity campaign across the country to ensure that all those affected by the changes that are contained in this long and fairly technical bill are aware of the implications of the new regime. Many people own an air weapon and no other form of firearm and might therefore be unaware of the conditions for applying for and holding a firearms certificate.

We would all agree that the current regime for the regulation of adult entertainment venues is inadequate. The question that is central to the bill is whether it goes far enough. I agree entirely with the principle of leaving to local authorities the last word on whether an adult entertainment venue receives a licence. As a former councillor, I believe that it is important that democratic accountability on a ward level combined with councillors’ experience in making various quasi-judicial decisions is utilised in relation to such venues. Local authorities currently can decide only whether an adult entertainment venue is permitted a licence for the provision of alcohol. It is only proper that local authorities are empowered to evaluate whether such venues should be allowed in the first place. I endorse Elaine Murray’s comments about extending that power to cover other sorts of venues such as betting shops and perhaps payday loan shops.

There are those who would like the bill to go much further, and those voices should be heard in the bill’s future stages. The bill deals with an important moral question and we should strive to ensure that those with strong feelings on the topic are able to put forward their case. We should also examine the apparent loophole regarding holding fewer than four events of an adult nature a year. If the legislation can be circumvented with such ease, it is hardly worth implementing in the first place.

I turn to the bill’s proposed changes to alcohol licensing. The abuse of alcohol is an enormous problem right across the country. Scottish Government-funded research has estimated that the costs of alcohol misuse in Scotland are somewhere between £2,883 million and £5,396 million per year. It is imperative, therefore, that our licensing scheme is appropriate, robust and effective. The bill seeks to amend fairly old legislation. It would have been preferable for the Scottish Government to introduce a less piecemeal and more fundamental set of reforms for alcohol licensing in Scotland. We should look more broadly at how effective the current regime is across the country. Future Governments will have to examine the issue in a more fundamental way, sooner or later.

The remainder of the bill deals with a series of highly specific forms of licensing. I return to my previous point that the bill is far too broad for us to properly scrutinise all its provisions, but I will briefly mention two key elements of the remainder of the bill.

The taxi licensing scheme has always been predicated on the idea that taxis have a significant business advantage, as they are able to accept bookings on the spot. However, that benefit has been reduced by the near-universal use of mobile phones. It is widely accepted that most journeys of this nature are now pre-booked. It appears that that trend is set to continue with the advent of taxi-booking mobile phone apps.

Those technological advances call into question the entire approach that has been adopted for the licensing of taxis in Scotland. Recognising that, however, we can still say that the specific provisions that are contained in the bill are acceptable and should be approved by the Parliament.

The proposed changes to the regulation of scrap metal dealing also seem sensible. They are very similar to the approach that has been adopted in England, which seems to work well. With that in mind, I see no reason to oppose the changes that the bill proposes.

All in all, the bill seems acceptable in principle. As it is technical and applies to many specialist groups, it is important that the Scottish Government listens closely to the concerns and advice of experts in the relevant fields, campaigners and businesses affected by the proposed changes. The Law Society of Scotland in particular has raised several concerns regarding various aspects of the legislation. The Scottish Government should pay close attention to those concerns and amend the legislation accordingly.

The bill deals with several key topics. It is important that we get the level of regulation on them right. Additionally, it is important that we ensure that when such questions are considered in the future, we are able to consider them in greater detail and, where appropriate, in separate legislation.

16:06  

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
Good afternoon. The first item of business this afternoon is a debate on motion S4M-12994, in the name of Michael Matheson, on the Air Weapons and Licensing ...
The Cabinet Secretary for Justice (Michael Matheson) SNP
I am happy to open this stage 1 debate on the Air Weapons and Licensing (Scotland) Bill. I thank my colleague and predecessor Kenny MacAskill, who brought f...
Kevin Stewart (Aberdeen Central) (SNP) SNP
It is my pleasure to speak on behalf of the Local Government and Regeneration Committee. The Air Weapons and Licensing (Scotland) Bill is an important and ne...
Alex Fergusson (Galloway and West Dumfries) (Con) Con
I understand that, when the committee undertook its scrutiny, Police Scotland was able to give statistics on airgun crime from April to July 2014, but that t...
Kevin Stewart SNP
We had information and data from a number of years about air weapons offences. We are all far too aware of the deaths and injuries that have taken place and ...
Alex Rowley (Cowdenbeath) (Lab) Lab
Labour supports the principles that are set out in the policy memorandum to the bill. We will support the bill at stage 1 today, and we are keen to work with...
Cameron Buchanan (Lothian) (Con) Con
The Air Weapons and Licensing (Scotland) Bill covers a wide range of matters. As such, consideration of a broad range of principles is required, and I will t...
Kevin Stewart SNP
Does Mr Buchanan recognise that we are talking not about the licensing of individual weapons but about the licensing of individuals, and that, in the course ...
Cameron Buchanan Con
Is there any evidence that licensing will reduce those instances? I am not sure about that. Some people will want to intervene but, at any rate, criminal mis...
Kevin Stewart SNP
The member has again fallen into the same trap about the licensing of individual weapons. We are not talking about the licensing of each individual weapon; w...
Cameron Buchanan Con
Yes, I know that—thank you very much. Making everyone who wants to own or use an airgun apply for a licence is certainly not targeted. Why should innocent u...
Clare Adamson (Central Scotland) (SNP) SNP
As the committee convener mentioned, I came somewhat late to the bill, having joined the committee in November last year. However, I pay tribute to the many ...
Cameron Buchanan Con
Unfortunately, due to my relatively limited parliamentary experience, I did not realise the full implications of my acquiescence at stage 1, which was why I ...
Clare Adamson SNP
Thank you for that explanation, Mr Buchanan. Alex Rowley talked about the bill’s complexity and said that bringing together so many items was a mistake. His...
Alex Fergusson Con
I totally agree that the type of crime to which Clare Adamson referred is utterly unacceptable in any society, but can she tell me what evidence she heard at...
Clare Adamson SNP
I was at the committee when the police gave evidence and spoke of their frustration at their inability to address airguns in premises where they suspected th...
The Deputy Presiding Officer Lab
Just a little bit.
Clare Adamson SNP
I shall just mention the taxi app situation. There was a lot of talk about the changes in technology and, as a technologist, I was interested in that. Only l...
Cara Hilton (Dunfermline) (Lab) Lab
I add my thanks to everyone who has contributed to getting the bill to this stage and who has provided us with excellent evidence and briefings. Like Clare A...
Kevin Stewart SNP
Will the member give way?
Cara Hilton Lab
I have no time, sorry. The issue is absolutely vital, because the campaign’s research has found that 75 per cent of girls and young women aged 11 to 21 and ...
The Deputy Presiding Officer Lab
I have indicated that there is a little bit of time in hand for interventions. It is, of course, up to members whether they want to take interventions. Howev...
Gil Paterson (Clydebank and Milngavie) (SNP) SNP
I share all the views that Cara Hilton has expressed with regard to broadcasting explicit scenes or posting them on the internet. Unfortunately, the Parliame...
Elaine Murray (Dumfriesshire) (Lab) Lab
I am not a member of any of the committees that have considered the bill and will focus my contribution on three areas. The first is air weapons. I have no...
Colin Keir (Edinburgh Western) (SNP) SNP
I am not a member of the Local Government and Regeneration Committee but I thank it for producing the report, which is welcome. I will restrict my comments ...
Tavish Scott (Shetland Islands) (LD) LD
I apologise for being a minute late at the start of proceedings. I have no good reason at all for that; my legs just did not get me here quickly enough. I h...
Sandra White (Glasgow Kelvin) (SNP) SNP
I thank the Local Government and Regeneration Committee for its scrutiny of the bill and the attention that it has paid to all the submissions, including min...
Jayne Baxter (Mid Scotland and Fife) (Lab) Lab
The bill is wide ranging and far reaching, and it is important that it is subject to scrupulous scrutiny in the Parliament. The scale of the bill’s ambition,...
Willie Coffey (Kilmarnock and Irvine Valley) (SNP) SNP
I add to those of our Local Government and Regeneration Committee convener, and other members who have spoken so far, my thanks to the many people and organi...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I will speak specifically about section 68 of the bill, which will introduce a licensing regime for sexual entertainment venues such as lap-dancing clubs. I ...