Hansard

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 organisations who took the time to offer their views and give evidence. I also thank our committee clerking team, who have done a great job in putting together the committee’s report.

The purpose of any licensing system is, of course, to regulate legal activities that have the potential to cause harm to individuals who engage in them and to the wider public who may be affected by them. In this case, we are looking at use of air weapons and at licensing as it relates to taxis, metal dealers and various public entertainment activities. The bill will, rather than regulating ownership, make it an offence to use, possess, purchase or acquire an air weapon without holding a certificate. When an offence is committed, it will be more about who committed the offence than about who owns the weapon that is used.

On air weapons, I am pleased that the Government has accepted the committee’s first recommendation, which is to support a public information campaign that will give the public the information that they need in advance of a certification system’s being put in place. A website and other social media tools will give people information about how to hand in unwanted weapons and about the certification process itself, right through to how they might wish to dispose of a weapon under the new scheme, along with all the appropriate information on fees and timescales. That will be a very important part of engaging with owners and clubs and it will also serve the wider public interest.

The committee also wanted to ensure that the bill will not prevent remote sales to people who live outside Scotland; that recommendation has also been accepted by the Government and I understand that an amendment at stage 2 will facilitate that. It will simply mean that an air weapon can be bought in Scotland and delivered to a registered firearms dealer in England or Wales for collection.

The issue of whether to introduce an air weapon marking and identification system was discussed at some length by the committee, but I see from the Government’s response to that idea that it, Police Scotland and the Gun Trade Association do not think that it is really necessary. Other legislation is in place to deal with criminality involving weapons, so a marking system would not be critical in helping to prove any case that might be brought to court. There is quite a detailed explanation from the Government on that, which I hope clarifies the issue.

One of the key alcohol licensing proposals is the creation of a new offence of supplying alcohol to young people for consumption in a public place. Members will know that although it is currently illegal to buy alcohol on behalf of a child, it is not illegal to buy alcohol to share with a child. The bill will close that loophole by making it an offence for a person aged 18 or over to share alcohol with a person under 18 in a public place. That includes private property, where drinkers may have accessed it illegally. The purpose is to help us to tackle outdoor drinking by children and young people. The proposal has widespread support.

I note the Government’s intention to consider the reintroduction at stage 2 of a fit-and-proper-person test for a person who wishes to hold an alcohol licence. Although there was agreement on that from some of those who gave evidence to the committee, there were also some reservations expressed, mainly with regard to linking the test to the broader licensing objectives and the possibility that that would give rise to further litigation. I hope that consideration of that issue at stage 2 will help us to resolve it one way or the other.

There are a few recommendations that will strengthen the desire for local licensing boards to consult the public, health boards and alcohol and drug partnerships on a variety of issues relating to alcohol. It is hoped that the more informed our boards are, the better will be the decisions that they make. The relevant parts of the committee report, which are supported by the Government, are more about reminding everyone that there is some good experience out there and that there are data to be shared before decisions are ultimately taken.

I have two points to make on the taxi licensing provisions in the bill. One relates to a situation in which a taxi driver who may be the subject of numerous complaints in one authority seeks to obtain a licence in another authority—forgetting, of course, to reveal that he has been the subject of such complaints. The response from the Government says that authorities can already make inquiries on such matters, and that Police Scotland, as a single entity now, should be able to assist. However, Police Scotland may not have such data recorded. I feel that in order to enhance the protection of the public who use taxis—in particular, vulnerable young women—there must be more than an expectation that authorities should try to find out from a neighbouring authority about any complaints that may have been made about an applicant. A Scotland-wide response to the issue is needed: authorities should record all such complaints and other authorities should be able to access that information easily. Anything less than that will do nothing to reduce the risk.

On the less controversial issue of knowledge, I support the committee’s view that the knowledge test should apply to all drivers, regardless of whether the service is a taxi or a private hire car. Members of the public expect, when they get into a car, to be taken somewhere by a driver who actually knows where he is going. I had an unfortunate experience a few years ago when a private hire taxi driver in Edinburgh did not have a clue where Hibernian’s Easter Road football stadium was. I hope that any guidance notes on the bill that are issued by the Government will strongly encourage adoption across the board of the knowledge test.

The Air Weapons and Licensing (Scotland) Bill will, through its many provisions, strengthen public safety in Scotland and provide opportunities for the public and civic Scotland to engage with their local licensing boards on these very important issues. I am happy to support the general principles of the bill at stage 1.