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
Much of the discussion around workplace parking levies has been about exemptions. Questions have been asked about what will be exempt, why groups would be exempt, and who will apply the exemptions. Amendment 15 sets out the basis for exemption under the scheme, and it covers four key areas. It requires that any workplace parking licensing scheme must include any national exemptions set by Scottish ministers as well as the national exemptions provided for in the bill. The proposed national exemptions in the bill are set out in my amendment 16. Amendment 15 also gives local authorities the power to set further exemptions. That is a wide-ranging power, as those exemptions can apply to “specific premises” or premises with “a specified number of parking places”, or to “persons or motor vehicles”. That is really important, as it allows local authorities to draw up a scheme in the light of local circumstances, and they will have a wide scope as to what exemptions they can apply and how they apply them. The approach builds on the flexibility around how the scheme may be applied, as set out in my amendment 7. I firmly believe that the local level, not the national level, is where further exemptions should be determined. It is self-evident that informed decisions made at the local level will better meet the needs of an area. Decisions will be based on an understanding of local issues and preferred outcomes. My amendments ensure that a scheme can be tailored to meet local needs and circumstances. That is far removed from the rigid one-size-fits-all picture that opponents of the workplace parking levy have painted. Amendment 15 also ensures that only one scheme can cover the same premises at any given time. It also gives Scottish ministers the power, by regulations, to provide for other exemptions or to restrict exemptions. My amendment 27 requires that such regulations are subject to the affirmative procedure. That means that any future proposals for national exemptions will face full and transparent scrutiny. I firmly believe that the framework for exemptions delivers the clarity that is sought, while giving flexibility to implement local schemes to meet local needs. Amendments 15A and 15B are on exemptions for small car parks. Amendment 15A, in the name of Colin Smyth, seeks to make a business with 15 parking places or fewer—or any higher number that the local authority determines—exempt from charges under any workplace parking levy scheme. Amendment 15B, in the name of Jamie Greene, seeks to set the figure at 20 parking places. The amendments cover the same ground as amendment 7A, in the name of Mike Rumbles, which we considered earlier. Colin Smyth wants the minimum threshold to be 15 parking places, Jamie Greene wants it to be 20 and Mike Rumbles wanted it to be 10. 10:00 That variation makes my point that it is best left to the local authority to decide the matter. Why would we apply random thresholds at a national level to a local scheme? Let us leave the decisions to the people who have to design, plan, consult on, implement and assess the impact of a scheme—ultimately, they will have to justify their decisions to the electorate. The framework provided by my amendments delivers clarity and flexibility. I cannot support amendments 15A or 15B. Amendment 16 sets out the national exemptions that should be applied to workplace parking levy schemes. Those are: parking places for blue badge holders and equivalent disabled parking badges; qualifying NHS premises; and places at hospices. I will address each of those exemptions in turn. I am sure that the committee will welcome the exemption for blue badge holders. As well as protecting the rights of disabled people, it also provides an incentive for those with premises liable for the levy to consider making more such parking spaces available. Committee members will be well aware that the exclusion of hospitals and NHS premises from the workplace parking levy was part of the budget agreement. Amendment 16 delivers that. However, the inclusion of NHS premises in amendment 16 is about more than the budget agreement. It is difficult to imagine a more strategically important and distinctive function than that provided by the NHS on a national level. That is something that resonates with the public. Of course I am aware that there are other sectors that have national significance, but it is important to be clear that not having a national exemption does not mean that a workplace parking levy scheme would apply in a local situation. There are several steps that will shape that. I apologise if that seems self-evident, but much of the criticism of my amendments—including that implied in the many amendments to amendment 16 that have been lodged—seems to miss that point. Step 1 is that a local authority will have to decide whether it wishes to set up a scheme—that decision is up to the local authority. Step 2 is that the local authority will set out the scope of the scheme and, as part of that, it will determine local exemptions. That will then be subject to detailed assessment of the people affected and the environment. Step 3 will be consultation. Finally, if a scheme is implemented, the levy will be applied to premises, not people. It would be a matter for the occupiers of the premises to pass on any levy that is applied. The principle of localism underpins my approach to workplace parking levies. The national strategic importance of the NHS warrants a national exemption, but, otherwise, decisions on how a workplace parking levy scheme would operate, including additional exemptions, are best made at the local level. Such decisions will be part of the wider strategic vision of the needs of an area, underpinned by detailed impact assessments. My view is that national exemptions should be the exception to the rule. I accept that there is a lot of interest in exemptions. However, the vast bulk of the amendments in the group appear to be a shopping list of additional national exemptions. Some of those are for sectoral groups, while others name individual bodies. I have no doubt that the amendments are sincerely proposed but, taken as a whole, they appear to be intended to weaken the provisions to ensure that a workplace parking levy would never get off the ground. That goes against the principle of localism, underpinned by a strategic approach, which is what amendment 16 delivers. I would like to say a little more about the definition of “NHS” in amendment 16. For the purposes of the amendment, the NHS is widely defined—it includes general practitioners, for example. That represents the continuum of care that the public expects the NHS to deliver. Amendment 16 also includes a national exemption for hospices. Some hospices are on NHS premises and some are not. To draw a distinction between different hospices according to where they are located would seem inappropriate, so I have attempted to make it clear that all hospices should be exempt, regardless of their location. I draw the committee’s attention to subsection (2)(b) of the new section that amendment 16 would introduce, which would allow NHS premises where NHS services are not delivered to be liable for the levy. That would cover, for example, NHS premises that are let to a company that does not directly provide NHS services. I believe that that is right and that the public will agree with that view. The amendments to amendment 16 would add a range of national exemptions, from exemptions for sectoral groups to exemptions for different sorts of premises and private companies. They would go against the principles of localism that underpin such schemes. Why is there so little trust in local authorities to make decisions locally? The framework that I have set out would provide the clarity and flexibility that are required to deliver on the ground, which we know that COSLA wants. I ask the committee to support my amendments 15, 16 and 27. I ask members with other amendments in the group not to move them and, if those amendments are moved, I ask the committee to vote against them. I move amendment 15.
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 ...