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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 1 February 2026
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Displaying 2717 contributions

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Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

I apologise to the committee that I did not allow officials to give you a copy of the draft code at this stage. I also apologise to the officials, because they have done a hell of a lot of the work on this, but I was not comfortable with it being shared at this stage in its draft form, because I wanted to make sure that we had done everything. I apologise to the committee that I have not done that. We could sit here for as long as you need to look at specific examples—Carole Stewart will be able to answer questions on those.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

I am disappointed that you are talking about the measure being headline grabbing. Its purpose was certainly not to be headline grabbing. Its purpose was to respond to the calls from large numbers of people for the bus operators to have the ability to remove a bus pass, or at least to give the information to Transport Scotland to enable it to remove a bus pass.

Will it solve the problem on its own? Absolutely not. It is a societal problem, and we have had discussions on it in the committee and in the chamber before. The order will not be a panacea or a silver bullet; a range of other work is on-going. As I said in my opening statement, we have the violence prevention framework and the cashback for communities programme, and work is on-going to try to ensure people’s safety when they are travelling on public transport of any kind in a number of areas. Ms Brown has taken forward work on youth behaviour and antisocial behaviour.

There is a range of work, but this measure is one tool in the box that is available. If people are entitled to free carriage, that can be withdrawn from them if they continue to cause incidents of extreme antisocial behaviour or persistent antisocial behaviour. It is not the silver bullet—it was never intended to be—but it is certainly something to consider.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

Again, I apologise to members for not giving the committee a copy of the draft code of conduct.

I will ask Carole Stewart to pick up that point.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

In legislation, under the current code, what would that be?

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

As we currently sit here, I do not know the answer. We will go away and look at that.

The reason I am uncomfortable with presenting the code at this stage is exactly because I do not know whether we have the detail on those kinds of questions. However, I am happy to take away as many questions as the committee wants to ask us; that way, when we present the code to the committee, those answers will be there.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

Again, we are still working that bit out. We cannot bring in the lifting of the entitlement at this stage because there is still a lot of work to do on the details. The principle of card removal is one thing that we have tried to get done in order to give the clear signal that, although the use of a card is an entitlement and a right, it is one that can be removed if people engage in antisocial behaviour.

We are still working through the details of what the code will include. The stuff that we are hearing this morning is incredibly valuable, because my officials and I will use it as the code is developed fully. Questions of the kind that you have just asked are still being worked on as we speak.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

We can also share the current code as drafted for comments from the committee. If the committee comes back with comments and suggestions, we will be more than happy to look at them.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

That is why there is on-going work to ensure that we get this right.

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

Given the considerations that I have heard from the committee, I am concerned that it is not minded to recommend the approval of the SSI. I am extremely disappointed with that, given that the committee, members in the chamber and stakeholders all asked us for it.

I accept that the draft code of conduct is not in front of the committee, and I have apologised for that. However, no code will ever be perfect; you could give me 200 different scenarios on which we could come up with a range of different views. What we have is an opportunity to provide security for the bus sector, which has asked us to give it the tools and security that it wants to be able to remove a concessionary travel entitlement from someone who is consistently or damagingly creating antisocial behaviour.

I do not want to move the motion on the amendment regulations if I do not have the committee’s support. I am concerned about the way that the debate has gone this morning and that the committee is so minded. Does the committee have anything to add before I decide whether to move the motion?

Net Zero, Energy and Transport Committee [Draft]

Subordinate Legislation

Meeting date: 20 January 2026

Jim Fairlie

I do not want to move the motion today and then have to go through the whole process again. That would be wrong for the stakeholders and the Parliament, and would be the wrong thing to do. I am extremely concerned that the committee will not recommend the approval of the SSI—which was asked for—so I will not move the motion.