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
Amendment 257, in the name of Jeremy Balfour, seeks to impose a duty on traffic authorities to ensure that new traffic lights that are erected in their area are accessible for persons with disabilities. It would also require authorities to provide annual reports to the Scottish ministers setting out what they have done to comply with that duty, and what steps they have taken to make existing crossings accessible. The Scottish ministers would be obliged to lay a summary of those reports before the Scottish Parliament each year. Although I completely agree with the principle of having pedestrian crossings that are accessible and straightforward for everyone to use, I do not consider that amendment 257 is necessary or appropriate. Traffic authorities are given powers to provide pedestrian crossings on roads for which they are responsible by provisions in the Road Traffic Regulation Act 1984. The 1984 act also provides that the traffic signs that are used to indicate a pedestrian crossing must comply with the specifications that are set out in regulations that are made under that act. The current regulations are the Traffic Signs Regulations and General Directions 2016. In making a decision on the location and type of crossing to be created, traffic authorities are guided by design manuals such as “Local Transport Note 2/95: The Design of Pedestrian Crossings”. That document is currently being reviewed by the Department for Transport, with input from the Scottish ministers and local traffic authorities, and is expected to include updated guidance on accessibility issues, including the rotating cones to which Mr Balfour made reference. Additional guidance for traffic authorities is provided in “Roads for All: Good Practice Guide for Roads”, which was produced by Transport Scotland. That document also includes advice on the accessibility of pedestrian crossings. Transport Scotland is currently reviewing and updating that guidance document in consultation with relevant stakeholders. In addition, Transport Scotland chairs the roads for all forum, which meets quarterly and includes representatives from the Mobility and Access Committee for Scotland, the Guide Dogs For The Blind Association, RNIB, Living Streets, Alzheimer Scotland, the Scottish Accessible Transport Alliance, the Society of Chief Officers of Transportation Scotland, Disability Equality Scotland and other organisations that represent people with disabilities. The main function of the forum is to advise Transport Scotland on the interests of disabled people in connection with development of standards for design, construction and maintenance of roads, and for layout and accessibility of public transport infrastructure, including pedestrian crossings. That ensures that the Scottish ministers are well informed on accessibility issues and can update regulations, design manuals and best-practice guides on the matter. I can confirm that members of the forum are involved in the update of the “Roads for All: Good Practice Guide for Roads”, which I mentioned a moment ago. It should also be noted that, in exercising their functions in connection with pedestrian crossings, traffic authorities are already subject to the duty to make reasonable adjustments for people with disabilities, and to the general public sector equality duty, as set out in the Equality Act 2010. Those duties can be measured and enforced using the machinery that is provided for in the 2010 act. For all those reasons, I consider that amendment 257 is not necessary. It should also be noted that the reports that would be required by subsection (3) of amendment 257 would place an additional administrative and financial burden on traffic authorities. There has been no consultation of them or other stakeholders about the duties that would be imposed by the amendment. My view is that the existing arrangements can be made to work effectively; therefore, I ask Jeremy Balfour not to press amendment 257. If he does so, I ask the committee to reject it.
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?