Plenary, 19 Jun 2002

Meeting date: Wednesday, June 19, 2002

Official Report 405KB pdf

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Private Hire Vehicles (Carriage of Guide Dogs etc) Bill

The next item is a debate on motion S1M-3211, in the name of Andy Kerr, on the Private Hire Vehicles (Carriage of Guide Dogs etc) Bill, which is UK legislation.

I shall explain briefly why we are recommending agreement to a Sewel motion in relation to the Private Hire Vehicles (Carriage of Guide Dogs etc) Bill, which is a private member's bill that is currently before the UK Parliament; why we have given the UK Government our full support for the bill; and why we think that its provisions should extend to Scotland, conferring a new regulation-making power on Scottish ministers.

The motion represents a sensible use of the Sewel convention. The relevant provisions in the bill could not be legislated for by the Scottish Parliament, because the subject matter is reserved. The bill will confer directly on Scottish ministers a power to make regulations that will govern the carriage of guide dogs and other assistance dogs in private hire cars, therefore there is a need to obtain Parliament's approval.

Neil Gerrard MP has tabled a private member's bill in the United Kingdom Parliament. The bill proposes that the provisions in the Disability Discrimination Act 1995 in relation to the requirement for taxi drivers to carry at no additional charge guide dogs and other assistance dogs that accompany people with disabilities be extended to private hire cars.

The UK Government supports the bill because of the benefits that it would bring to people who have disabilities, who have assistance dogs and who prefer to use private hire cars, rather than taxis. We share those views. We welcome the opportunity for the bill to apply to Scotland and we fully endorse its aims.

We propose, therefore, that through the Westminster bill a new regulation-making power be conferred on Scottish ministers in relation to private hire cars. As well as being consistent in approach with the taxi provisions, that will allow the Scottish Parliament to scrutinise the proposed regulations to ensure that they are appropriate to Scottish needs and circumstances. I assure members that proactive consultation will take place with all interested parties on the content of any regulations before they are laid before the Parliament.

I move,

That the Parliament endorses the principle of including in the Private Hire Vehicles (Carriage of Guide Dogs etc.) Bill a power for Scottish Ministers to regulate for the carriage of guide and other assistance dogs in private hire cars in Scotland and agrees that the relevant provisions to achieve this end in the Bill should be considered by the UK Parliament.

The Parliament is asked yet again to support a Sewel motion on a bill that will amend Scottish legislation. The motion that is before us seeks to amend the Civic Government (Scotland) Act 1982 to allow Scottish ministers to make regulations to aid the mobility of persons who have guide dogs and who use private hire vehicles.

That is a welcome outcome with which no one will disagree, but it is unacceptable that, yet again, the UK Parliament will legislate on behalf of the Scottish Parliament. Yet again, we see the Executive's inability to legislate for the people of Scotland, reliant as it is on Sewel motions to bail it out when its own legislative programme is found wanting.

The motion also concerns another piece of legislation that relates to local government matters in Scotland. In recent months, four members have suggested measures that could easily be incorporated into a new civic government bill. Those measures concern litter, dog fouling, fireworks and hedges. Those are obviously matters of public concern. Individual members have undertaken the work that is involved and have had the foresight to see in which areas current legislation needs to be addressed. Meanwhile, the Executive has waited for Sewel motions to appear, as it has done on so many occasions.

The SNP wants the needs and concerns of persons who have disabilities to be addressed properly, not as a mere add-on to English legislation through Sewel motions. It is time for the Executive to act like an Executive and to stop hiding behind Sewel motions and the work of others. We need an overhaul of the Civic Government (Scotland) Act 1982. That is overdue and would take care of the measure that is proposed and many others.

The Conservatives welcome the motion warmly. We appreciate that Neil Gerrard's private member's bill in the House of Commons will complement the Disability Discrimination Act 1995. That act properly requires taxi drivers to carry persons who have disabilities and their guide dogs, hearing dogs or assistance dogs. That is of great help to those who have a disability of their hearing or sight and the bill will extend that provision to private hire cars. If the motion is passed, Neil Gerrard's bill will be extended to Scotland. I congratulate Mr Peacock warmly on his decision, precision and concision.

Does Mr Peacock want any more concision?

I am sure that Parliament will support the motion. It is sad and pathetic that the SNP cannot ditch its constitutional obsessions—not even for the disabled in Scotland.