Committee
Rural Economy and Connectivity Committee 05 June 2019
05 Jun 2019 · S5 · Rural Economy and Connectivity Committee
Item of business
Transport (Scotland) Bill: Stage 2
Amendments 32, 220 and 201 call for the purpose of an LEZ to be included in the bill. In my view, the amendments are too restrictive. Amendment 32 would set the purpose of an LEZ around the reduction of two types of transport-related emissions: nitrogen oxide and particulate matter with a diameter that is “equal to or less than 2.5 micrometres.” As other emission types might come into scope in the future, confining the purpose of an LEZ to addressing only those two types of pollutant is far too restrictive. Amendment 201 would limit any objective that was specified for a scheme to ensure that it related to the purpose of a scheme as set out by amendment 32: improving air quality through the reduction of two types of pollutants. As before, that would produce quite restrictive boundaries in the framing of an LEZ and, in my view, would potentially compromise its effectiveness. Amendment 220 would be an alternative to amendments 32 and 201, restricting the purpose of an LEZ to the improvement “of air quality in all or part of a local authority area” only. The amendment is broader than the other two amendments in the group, but it would still result in the restriction of how LEZs could be formulated. I agree that low-emission zones must be implemented where appropriate to improve air quality. That is why section 9(4) sets out a clear requirement that local authorities put in place LEZs that help to meet “the air quality objectives prescribed under section 87(1) of the Environment Act 1995”. However, in implying that that is the sole purpose of an LEZ, amendment 220 ignores the opportunity—both now and in the future—for other benefits to be realised in some shape or form by a local authority introducing an LEZ—for example, through better place making. Such benefits might include congestion management and bus prioritisation. It is important that local authorities have the flexibility to set their scheme objectives, and thus their LEZ purpose, as they see fit. I suggest that we outline the purpose of an LEZ and how to set objectives in the forthcoming LEZ guidance. Sections 1(1) and 9(4) can also be used to explain the purpose of an LEZ. It is clear that LEZs must be put in place, first and foremost, to improve local air quality. If stakeholders continue to feel that the purpose should be outlined in the bill, that could be considered and developed in conjunction with the Government ahead of stage 3. However, as the three amendments are currently written, the purpose is too restrictive and would hinder future flexibility in the development and purpose of LEZs. For those reasons, I cannot support amendments 32, 201 and 220 at this stage, but I am open to considering how they could be progressed ahead of stage 3. I therefore ask Colin Smyth not to press amendments 201 and 222. If they are pressed, I urge the committee to reject them.
In the same item of business
The Convener
Con
Agenda item 2 is consideration of stage 2 amendments to the Transport (Scotland) Bill. I welcome the Cabinet Secretary for Transport, Infrastructure and Con...
The Convener
Con
Amendment 40, in the name of Colin Smyth, is in a group on its own.
Colin Smyth (South Scotland) (Lab)
Lab
Amendment 40 sets out key principles that I believe should be at the heart of our transport system. The Transport (Scotland) Bill provides an opportunity to ...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
I have a number of comments about the way in which this amendment is constructed. Subsection (2)(a) says: “transport is a key enabler for the realisation of...
Jamie Greene (West Scotland) (Con)
Con
I thank Colin Smyth for lodging his amendment. It is a good start to the session. There are some admirable intentions in the wording. Delivering public tr...
John Finnie (Highlands and Islands) (Green)
Green
Like others, I think that the principles are admirable and I support them. I listened to what Mr Stevenson said, but that would not preclude support—or clari...
The Cabinet Secretary for Transport, Infrastructure and Connectivity (Michael Matheson)
SNP
I welcome the fact that Mr Smyth’s amendment looks at transport in its wider strategic context, because it is easy to get bogged down in the detail of legisl...
The Convener
Con
Thank you for that comprehensive explanation.
Colin Smyth
Lab
As a nation, I think that we have lost sight of the bigger picture of what our transport system should be about, as was mentioned. In particular, there is th...
The Convener
Con
Amendment 32, in the name of Jamie Greene, is grouped with amendments 220 and 201.
Jamie Greene
Con
In relation to low-emission zones, I want to add from the outset a primary objective that sets out a clear purpose that each zone should follow. Amendment 32...
Colin Smyth
Lab
Amendment 220, in my name, introduces a definition of the purpose of an LEZ, which was one of the committee’s recommendations at stage 1. Amendment 220 helps...
Stewart Stevenson
SNP
Like Colin Smyth, I think that the omission of the PM10 particles from Jamie Greene’s amendment 32 is quite serious. I had a quick look at the legislation th...
John Finnie
Green
Jamie Greene’s amendment 32 is the first of a series of amendments that, despite his apparent enthusiasm for low-emission zones, dilute the purpose of the bi...
Michael Matheson
SNP
Amendments 32, 220 and 201 call for the purpose of an LEZ to be included in the bill. In my view, the amendments are too restrictive. Amendment 32 would set ...
Jamie Greene
Con
I thank members for their comments and for the spirit in which their feedback was given. The purpose of amendment 32 was not to be overly prescriptive and u...
Colin Smyth
Lab
In the light of the cabinet secretary’s commitment to work on the wording of a potential amendment at stage 3, I will not move amendment 220. Amendment 220 ...
The Convener
Con
The next group is on low-emission zones: exemptions. Amendment 221, in the name of Rachael Hamilton, is grouped with amendments 33, 34, 2, 30, 31, 203, 56, 5...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
I recognise the importance of low-emission zones and the purpose that they will strive to achieve in relation to air quality. However, community transport o...
Jamie Greene
Con
I will be happy to support Rachael Hamilton’s amendment 221 and amendments 30 and 31, in the name of Murdo Fraser—I am sure that Murdo will speak eloquently ...
John Finnie
Green
Jamie Greene says that he has no view one way or another, although he has lodged the amendment. Is that your position?
Jamie Greene
Con
Yes. Let me explain why. It is for the Government to take a view on whether diplomatic vehicles should be exempt from paying the fees. I am trying to ensure ...
Richard Lyle (Uddingston and Bellshill) (SNP)
SNP
I declare that I am the convener of the cross-party group on the Scottish Showmen’s Guild. I support the introduction of low-emission zones in cities, towns...
The Convener
Con
Oh, well. There you go, Mr Lyle.
Murdo Fraser (Mid Scotland and Fife) (Con)
Con
Like other members, I support the principle of LEZs. My amendment 30 is intended to exempt historic vehicles from the rules on LEZs—a historic vehicle being ...
Michael Matheson
SNP
We heard a lot of views on proposed LEZ exemptions during stage 1, and there have been some interesting additional proposals made by members this morning. I ...
Richard Lyle
SNP
This provision might answer every call for an exemption, including mine. Under the heading, “Time-limited exemptions”, section 12 of the bill says: “A low e...
Michael Matheson
SNP
There is provision in the bill to allow a local authority to suspend the provisions of an LEZ for a particular event to take place. If there was to be a para...
Jamie Greene
Con
I am finding the discussion to be extremely helpful and useful. However, in relation to permanent exemptions, amendment 203 and time-limited exemptions, Mr L...
Michael Matheson
SNP
I can see where your confusion arises. It is because the exemptions will be dealt with by regulation. The work that we are currently undertaking will, rather...