Chamber and committees

We have had two suggestions, the first of which is that we invite the petitioner to consider the Scottish Government’s response, outlining the process of granting a pardon. Normally, that would happen by exception and individually in response to the case that was prosecuted. Secondly, Paul Sweeney is advocating that we ask the Scottish Government the broader question of whether there is a process by which it could make a political decision on the matter.

Paul, do you want to clarify your suggestion?

I wonder whether we could combine both recommendations that we have heard. We could still use rule 15.7 to close the petition but, at the same time, write to the Scottish Government to point out the experience elsewhere on the continent and to seek some clarification about whether there might be some areas in which it could extend the practice of the delivery of face coverings. Would that be acceptable?

PE1860, which has been lodged by Jennifer Morrison Holdham, calls on the Scottish Government to amend the Prescription and Limitation (Scotland) Act 1973 to allow retrospective claims to be made. The Scottish Government states that prescription and limitation incentivise people to enforce their legal rights through the courts promptly, without delay, and also provide legal certainty. However, the submission states that, should the court be persuaded that it is equitable to do so, it can already override the principal limitation time limits to allow a legal action. In her response, the petitioner states that she has “been treated ... unfairly” in her own case, due to a lack of timely action on the part of her solicitor, and therefore

“that there should be an opportunity for people in such situations to be able to make retrospective claims, at any time.”

Do members have any comments? I think that all of us, certainly those of us who have been around for a bit, have been written to by constituents who have fallen foul of such time limits, which is what the Scottish Government has sought to address in its response.

I have quite a complicated note for the next petition. PE1853, which was lodged by Councillor Donald Kelly and Councillor Douglas Philand, calls on the Scottish Government to provide an all-year-round freight and passenger lifeline ferry service from Campbeltown to Ardrossan.

The Scottish Government’s submission advises that the request to extend the ferry service

“was discussed with elected members from the Argyll & Bute Council and other stakeholders”,

including, I presume, the petitioners. The Scottish Government states that

“it is not ... operationally possible to extend the current operating period of the Ardrossan-Campbeltown service as there are no available vessels.”

The submission highlights that the Scottish Government remains

“committed to securing the two new ferries currently under construction, with the delivery of MV Glen Sannox expected in April-June 2022.”

The Government suggests that, once the Glen Sannox is delivered, the potential for a year-round Ardrossan to Campbeltown service could be explored, subject to a robust business case being made and the availability of funding.

The petitioners have discussed the possibility of potential vessels with well-known ferry consultants, who have advised that vessels that are currently available outwith the CalMac fleet could be procured to meet the requirements of providing a lifeline service.

We have received a late submission from Donald Cameron MSP, who was hoping to be able to attend the meeting for consideration of the petition. Members have been provided with a copy of that submission. The submission states that the petitioners have identified the need for alternative forms of transport from the Kintyre peninsula to the central belt. Donald Cameron addresses the suggestions in the Scottish Government’s submission regarding options such as flying from Campbeltown to Glasgow and using ferry services at Dunoon and Hunters Quay. He offers that those alternatives are not suitable on the basis of above average cost or notable travel time.

The submission continues by raising concerns about possible links with

“the anticipated depopulation of the Kintyre area”

and suggesting that

“the creation of a permanent ferry service”

could contribute to

“encouraging people to remain in the area”.

Donald Cameron states that he supports further exploration of potential vessels that meet the requirements of a year-round service by Transport Scotland and the Scottish Government. He concludes by stating that the inability of Transport Scotland and CalMac to offer an all-year-round ferry service for one of the major towns of Argyll and Bute is simply not good enough.

This is obviously an important petition. Would members like to offer any observations?

That seems reasonable. We might also ask the Government to be more expansive on the process for evaluating a subsequent business case for the route in the event that, as the submission says, it becomes possible at a later stage. It would be useful if people knew how that was going to proceed.

Do members agree to keep the petition open while we pursue those two lines of inquiry?

Members indicated agreement.

We would be happy to do that.

Mr Torrance, having previously advocated that we close the petition, are you happy with that approach?

Does anyone else wish to comment? Mr Sweeney?

Does anyone else wish to comment?

On Tess White’s point, I wonder whether there is anyone who can tell us how many falconers are operating in Scotland. It would be nice to quantify the number of people who are affected.

I am quite happy to pursue those two aspects, and to keep the petition open on that basis. Are we agreed?

Members indicated agreement.