Committee
Transport and the Environment Committee, 18 Mar 2003
18 Mar 2003 · S1 · Transport and the Environment Committee
Item of business
Railways and Transport Safety Bill
There are a number of questions there. You are right that it would be unfortunate and not the intention if the bill resulted in an end to entertaining times at regattas and people enjoying themselves in harbours. John Spellar, the UK minister in charge of the bill at Westminster, has made it clear that he wants to find a way of making sensible exemptions, so that the law is applied in a way that achieves its purpose, which is to improve the safety of vessels at sea and of those using them. The UK Government's intention is to consult on the means by which exemptions might be made. Mr Spellar has made it clear that his intention is to make exemptions for recreational mariners under certain circumstances. The issue is about finding a sturdy legal definition of what those circumstances would be and whether any vessels—for example, those without engine power or those with low engine power—might be exempted altogether. Those are matters on which there will be consultation in due course in order to reach broad agreement on the way forward.The distinction is between the kind of case that you mentioned at the outset, in which drunkenness poses a threat to the individual and to others who are using the same vessel or the same waters, and the use of alcohol by recreational mariners in a way that does not pose a threat to anybody. Determining the legal line is a matter that will follow in the secondary legislation. What is important from our point of view is that there is no ambiguity in the primary legislation about the ability of the regulations to cover all types of vessel. That is why the aspect that we are discussing has to be covered in the Scottish Parliament.
In the same item of business
The Convener:
Lab
I welcome to the Transport and the Environment Committee, for the last time in this parliamentary session, I suspect, the Deputy Minister for Enterprise, Tra...
The Deputy Minister for Enterprise, Transport and Lifelong Learning (Lewis Macdonald):
Lab
I am grateful to the committee for allocating time for the consideration of the Sewel motion, which relates to important issues concerning drug and alcohol t...
Elaine Thomson (Aberdeen North) (Lab):
Lab
I am sure that many people will welcome the bill, which will go a long way towards improving maritime safety. The minister will be well aware of the difficul...
Lewis Macdonald:
Lab
The answer to your first point is straightforward. The rules will be enforced on the same basis as alcohol testing is enforced on the roads. A person may be ...
Maureen Macmillan:
Lab
The bill reminds me of an incident from my past involving the Ballachulish ferry on new year's day, a bottle of Chivas Regal drunk on the north side and a fe...
Lewis Macdonald:
Lab
There are a number of questions there. You are right that it would be unfortunate and not the intention if the bill resulted in an end to entertaining times ...
Bruce Crawford:
SNP
Given that the issue is one of criminal law, why has the Sewel motion come to the Transport and the Environment Committee and not to one of the justice commi...
The Convener:
Lab
The Sewel motion will be considered by the full Parliament; our discussion of the motion is merely in order to aid that consideration. The motion has come to...
Bruce Crawford:
SNP
I understand that. However, the issue consists of huge chunks of criminal law. I would have thought it appropriate to give one of the justice committees the ...
Lewis Macdonald:
Lab
There are a number of important points. First, to clarify my answer to Maureen Macmillan, the consultation will be on areas of exemption such as for a yachts...
Bruce Crawford:
SNP
Did those who were consulted in Scotland include the organisations that are involved in recreational activities on our inland waterways, such as those who us...
Andrew Maclaren (Scottish Executive Development Department):
My understanding is that the UK consultation encompassed Scottish organisations. For example, the Royal Yachting Association Scotland is an off-shoot of the ...
Lewis Macdonald:
Lab
The Royal Yachting Association is one of our standard consultees. I am sure that the Scottish Fishermen's Federation is another.
Bruce Crawford:
SNP
That does not include anglers, however. The biggest participatory sport in this country is angling. Were anglers consulted? They are a key group. We should t...
Lewis Macdonald:
Lab
I expect that when the Department for Transport consults on exemptions, it will take a commonsense approach. One aspect that it is considering is the exempti...
Robin Harper:
Green
Do you have up-to-date figures on the number of accidents caused by jet-skis? Can you reassure us that the intention of the secretary of state under part 4 o...
Lewis Macdonald:
Lab
To take the second question first, yes, it is intended to extend the definition of "ship" to cover that anomalous point. On accidents, I refer to a couple of...
The Convener:
Lab
If there are no more questions, that concludes our consideration of the issue. There is no provision under standing orders for the committee to report on the...