Committee
Rural Economy and Connectivity Committee 26 June 2019
26 Jun 2019 · S5 · Rural Economy and Connectivity Committee
Item of business
Transport (Scotland) Bill: Stage 2
From what Murdo Fraser has said, I understand that he has put a great deal of work into his amendments. However, the committee has been blindsided by them. I understand that he has worked with the cabinet secretary on the matter, but it has not come before the committee. Our job is to examine the proposals that are brought to the committee, but the 23 amendments in the group are in an area that we have not examined. Murdo Fraser could have brought the matter to our attention at stage 1, when we could have taken evidence on the approach, but we have been blindsided. I could not support the amendments for that reason alone, but I have many more worries about them. One worry is the change from contract law to criminal law. I do not understand why we should make the keeper, rather than the driver, liable under criminal law. That seems to be a complete change.
In the same item of business
The Convener
Con
Item 3 is the continuation of our consideration of stage 2 amendments to the Transport (Scotland) Bill. I welcome the Cabinet Secretary for Transport, Infra...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
Excuse me, I do not think that I have been here as a committee substitute before, have I?
The Convener
Con
You have indeed.
Christine Grahame
SNP
That is all right; I do not have to declare any interests.
The Convener
Con
We remember you, even if you do not remember us. Laughter.
Christine Grahame
SNP
I will take that in the way in which it was intended.
The Convener
Con
You can make a declaration, if you want to do so. I will explain the procedure briefly for anyone who is watching. There will be one debate on each group of...
The Convener
Con
The first group of amendments is on the recovery of unpaid parking charges. Amendment 260, in the name of Murdo Fraser, is grouped with amendments 261 to 268...
Murdo Fraser (Mid Scotland and Fife) (Con)
Con
This group is a package of amendments that seek to introduce the concept of keeper liability in relation to charges for parking on private land. I appreciate...
Pauline McNeill (Glasgow) (Lab)
Lab
Amendment 268A would ensure that only someone who is employed by a public body could issue a parking enforcement notice, and that private companies could not...
Stewart Stevenson
SNP
Will the member take an intervention?
Pauline McNeill
Lab
Yeah—she said with grace. Laughter.
The Convener
Con
That did not sound very excited.
Pauline McNeill
Lab
I know from 15 years of experience what taking an intervention from Stewart Stevenson might lead to. Laughter.
The Convener
Con
I am sure that he is going to come in with some pearl of wisdom.
Stewart Stevenson
SNP
It is not a pearl of wisdom; it is a genuine question. In essence, Pauline McNeill proposes that only public agents could recover what are private debts. The...
Pauline McNeill
Lab
That is a fair question. I emphasise that amendment 268A is a probing amendment. I suggest that there should be some public oversight of the private industry...
The Convener
Con
A few members have indicated that they wish to speak. I ask Murdo Fraser, when he sums up, to clarify the position in relation to the code of conduct and whe...
Mike Rumbles (North East Scotland) (LD)
LD
From what Murdo Fraser has said, I understand that he has put a great deal of work into his amendments. However, the committee has been blindsided by them. I...
The Cabinet Secretary for Transport, Infrastructure and Connectivity (Michael Matheson)
SNP
We are not proposing to change civil law to criminal law.
Mike Rumbles
LD
You would put the liability into statute.
Michael Matheson
SNP
A civil law matter will not be changed to a criminal law matter. We are not doing that at all—it would remain within civil law.
The Convener
Con
Thank you for that intervention. I am sure that you will have a chance to explain your position in detail later.
Mike Rumbles
LD
This is exactly what I mean. The committee has not had the chance to look at the matter: we do not know anything about it. The committee’s job is to examine ...
Murdo Fraser
Con
Mr Rumbles was on the committee last year, so he might remember that it debated a legislative consent memorandum to Sir Greg Knight’s Parking (Code of Practi...
Mike Rumbles
LD
I thank Murdo Fraser for that intervention. For the record, I note that there was a very brief debate on a legislative consent motion. We are considering the...
Christine Grahame
SNP
I support what is proposed in the amendments. I do not want to patronise Murdo Fraser by praising the clarity of his explanation. First, such parking is a m...
Mike Rumbles
LD
I am puzzled as to why Christine Grahame thinks that it is fair, right and proper that someone who is not responsible for driving the vehicle should suddenly...
Christine Grahame
SNP
The amendments would exempt stolen and hired cars. The keeper has given leave to someone to drive that car and they have responsibility for that vehicle. At ...
Pauline McNeill
Lab
Will the member give way?