Committee
Rural Economy and Connectivity Committee 19 June 2019
19 Jun 2019 · S5 · Rural Economy and Connectivity Committee
Item of business
Transport (Scotland) Bill: Stage 2
The bill as introduced allows a person employed by a local authority, or a person employed by a body with which a local authority has made enforcement arrangements, to issue penalty charge notices in connection with breaches of parking prohibitions. Amendment 145 is a technical amendment that will ensure that authorised enforcement officers can either be directly employed or appointed and engaged other than under a contract of employment. Colin Smyth’s amendment 311 seeks to enable regulations to be made to exempt local authorities without decriminalised parking enforcement powers from the need to enforce the parking prohibitions in the bill. Amendment 312 would then permit regulations to set out alternative arrangements for the enforcement of the parking prohibitions in the bill in those local authority areas. As the bill sets out national parking prohibitions that will apply consistently across Scotland, I do not consider it appropriate to have a power to make separate arrangements for those local authorities that have not yet applied for DPE powers. Such an approach would risk creating confusion and undermine the consistent national enforcement of the new prohibitions. It is also unclear from amendment 312 what is intended by way of alternative enforcement arrangements for the non-DPE areas, or why the enforcement arrangements set out in the bill may not be appropriate for local authorities without DPE powers. As I have previously stated, local authorities have the option either to contract enforcement via private companies or to enter into an arrangement with a neighbouring local authority for the purposes of enforcement. Jamie Greene’s amendment 313 seeks to amend section 54 so that it states that when a local authority enters into arrangements with third parties in connection with the performance of any of the local authority’s functions regarding the issuing of penalty charges, enforcement and removing, moving or disposing of vehicles, the local authority will still be responsible for those functions. Amendment 313 is unnecessary, as the bill confers statutory duties on local authorities. Although the bill enables local authorities to contract out the performance of some of those duties to third parties, that does not in any way absolve the local authority from legal liability for its statutory obligations, as a matter of basic legal principle. I therefore ask the committee to support my amendment 145. I ask Colin Smyth not to move amendments 311 and 312, and Jamie Greene not to move amendment 313. If those amendments are moved, I urge the committee to reject them. I move amendment 145.
In the same item of business
The Convener
Con
I ask those people who have just come in to ensure that their mobile phones are on silent. Under item 4, we will continue our consideration of stage 2 amen...
The Convener
Con
The first group of amendments is on enforcement of parking prohibitions. Amendment 145, in the name of the cabinet secretary, is grouped with amendments 311 ...
The Cabinet Secretary for Transport, Infrastructure and Connectivity (Michael Matheson)
SNP
The bill as introduced allows a person employed by a local authority, or a person employed by a body with which a local authority has made enforcement arrang...
Colin Smyth (South Scotland) (Lab)
Lab
Amendment 311, in my name, would remove enforcement duties from councils that do not have decriminalised parking enforcement powers. Those councils will be r...
Jamie Greene (West Scotland) (Con)
Con
The cabinet secretary eloquently described the purpose and intention of my short amendment 313 and I was pleased to hear that he thinks that there is a stron...
Michael Matheson
SNP
I emphasise that the decision to decriminalise the enforcement of parking regulation in a local authority area is a matter for the local authority. As it sta...
The Convener
Con
Jamie Greene wants to say something about amendment 146, in the name of Graham Simpson.
Jamie Greene
Con
I have spoken to Mr Simpson and, given the lack of support for his amendment 115, he does not want to move his other amendments in the group in which amendme...
The Convener
Con
The next group is on parking prohibitions penalty charges: application of penalty charges. Amendment 310, in the name of Jamie Greene, is grouped with amendm...
Jamie Greene
Con
These short amendments deal with the penalty charges that will be collected as a result of the prohibitions in the bill. Amendment 310 sets out a framework f...
Michael Matheson
SNP
Section 55 of the bill will enable the Scottish ministers to make regulations regarding “the keeping of accounts by local authorities in connection with” t...
Stewart Stevenson (Banffshire and Buchan Coast) (SNP)
SNP
I am out of step with all my political colleagues and with almost every member of the Parliament in that, as a matter of principle, I oppose hypothecation. T...
The Convener
Con
I ask Jamie Greene to wind up, and to press or seek to withdraw amendment 157.
Jamie Greene
Con
I thank Stewart Stevenson for his comments, although following them, I am still entirely unclear about whether he supports my amendments. It is rather early ...
The Convener
Con
The next group of amendments is on parking prohibitions penalty charges: accessibility of information. Amendment 217, in the name of Pauline McNeill, is grou...
Pauline McNeill (Glasgow) (Lab)
Lab
It was recently drawn to my attention that parking penalty notices in Glasgow lack plain English in relation to the right to challenge or appeal a notice. Th...
Mike Rumbles (North East Scotland) (LD)
LD
I agree with amendment 217, but I have a question about the practical terms of amendment 218. The amendment says that regulations “must include provision re...
The Convener
Con
Perhaps we can come to that in the summing up.
Michael Matheson
SNP
Amendments 217 and 218 seek to introduce a requirement that regulations that are associated with enforcement of parking prohibitions will ensure that penalty...
Pauline McNeill
Lab
I thank Mike Rumbles for his question. Amendments 217 and 218 are aimed at addressing the issue that the cabinet secretary outlined, where sensory or other i...
The Convener
Con
The question is, that amendment 311 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Chapman, Peter (North East Scotland) (Con) Greene, Jamie (West Scotland) (Con) Mountain, Edward (Highlands and Islands) (Co...
The Convener
Con
The result of the division is: For 5, Against 6, Abstentions 0. Amendment 311 disagreed to. Amendment 312 not moved. Section 49, as amended, agreed to. S...
The Convener
Con
The next group is entitled “Parking prohibitions: guidance”. Amendment 158, in the name of the cabinet secretary, is in a group on its own.
Michael Matheson
SNP
Section 57 requires local authorities to have regard to ministerial guidance in exercising their functions under part 4 of the bill. The purpose of amendment...
The Convener
Con
Amendment 162, in the name of the cabinet secretary, is in a group on its own.
Michael Matheson
SNP
Amendment 162 is a technical amendment that seeks to ensure that, if a local authority is considering exempting a pavement from the pavement parking prohibit...
The Convener
Con
The next group is on parking on a cycle track. Amendment 163, in the name of Colin Smyth, is the only amendment in the group.
Colin Smyth
Lab
Amendment 163 addresses an issue that arises from the decriminalisation of parking enforcement, which a number of local councils have raised with me. At last...
Jamie Greene
Con
I tried to lodge a similar amendment but the legislation team advised that Colin Smyth had beaten me to it. For that reason, I am happy to support amendment ...