Public Petitions Committee, 03 Dec 2002
Meeting date: Tuesday, December 3, 2002
Official Report
338KB pdf
Inadmissible Petitions
Sale of Fireworks (IP32)
We move to inadmissible petitions. We were petitioned by Mr Frank Harvey, who called for the Scottish Parliament to impose a ban on the public sale of fireworks. The advice that we have received is that the petition would be inadmissible. Members will be aware that the regulation of the supply of goods and services is reserved under the Scotland Act 1998 and that the sale of fireworks is regulated under consumer protection legislation, which is also a reserved matter.
The United Kingdom Parliament plans to ban certain grades of fireworks from being sold to the public, as announced during the recent Queen's speech. Moreover, during a recent members' business debate on the issue, the Deputy Minister for Finance and Public Services confirmed that the Scottish Executive would consider the possibility of introducing a licensing scheme for those who sell fireworks to the general public.
The issues and actions called for in the petition are clearly reserved matters and are the responsibility of the UK Parliament. Therefore, they are outwith the competence of the Scottish Parliament, and on that basis, it is recommended that the committee should agree that the petition is inadmissible. However, the committee may wish to agree to suggest that the petitioner pursue the matter further with the relevant UK Government minister, perhaps via his local MP, while highlighting the Executive's intention to consider introducing the aforementioned licensing scheme.
Are members content with that advice?
Shona Robison is putting a member's bill through Parliament on the issue. I do not know whether it will make it through in this session.
That concerns the licensing issue, and we could refer to that in our response. Is that agreed?
Members indicated agreement.
Human Rights (Prison Officers) (IP33)
Petition IP33 was from Derek McCabe and called for the Scottish Parliament to ascertain a definitive legal statement in relation to the rights of Scottish prison officers under the Human Rights Act 1998. The petitioner argues that the exemption of certain professions, including Scottish prison officers, from the Disability Discrimination Act 1995 and the Criminal Justice and Public Act 1994 may be invalidated by the 1998 act.
Members are aware that the Scottish Parliament does not have a role in the interpretation of legislation. That is purely a matter for the courts. Furthermore, in questioning the exemption of certain professions from the Disability Discrimination Act 1995, the petitioner raises a reserved matter that is the responsibility of the UK Parliament and therefore outwith the competence of the Scottish Parliament. On that basis, it is recommended that the committee should agree that the petition is inadmissible. However, the committee may wish to suggest that the petitioner pursue the matter with the relevant UK Government minister, perhaps via his local MP. It would also be appropriate to suggest that he might want to seek the advice of his union. Is that agreed?
Members indicated agreement.