Seòmar agus comataidhean

The only thing that I noted in the Scottish Parliament information centre briefing was to do with benchmarking against other Governments in Europe. For example, Germany has targeted the distribution of FFP2 masks to people with underlying health conditions and people over the age of 60, because they provide additional protection. That seems to be quite an interesting proposal. It might be worth writing to the Scottish Government to request that it continue benchmarking itself against the activities of other Governments, so that we can see what benefits can be realised. For example, there are general public health benefits from people wearing face masks, particularly during winter months—it reduces not only Covid transmission but the transmission of other infectious diseases that can disproportionately impact the elderly and vulnerable populations. Investment in this area might be a good prophylactic health measure, particularly if it is targeted towards vulnerable populations.

First, I declare an interest as a member of Unite; also, my dad is a taxi driver. I certainly know from personal experience how significantly detrimental the pandemic and the lockdowns have been to the taxi trade. Anyone who has tried to get a taxi in Glasgow in recent weeks will know how limited the current capacity is. That is because so many people have exited the trade altogether.

Assistance during the pandemic has been a severe problem for people. In effect, many taxi drivers were recommended to go on universal credit throughout the pandemic. There has been a severe detriment to taxi drivers’ livelihoods, compared to those of bus drivers, who were furloughed during the pandemic. Bus companies were given significantly higher levels of financial support.

I therefore have sympathy with the petition, and I think that the demands are reasonable. I am inclined to request a further response from the Scottish Government and to ask what it will do about inadequate levels of funding. I think that the response from the Scottish Government is not sufficient. Although the financial support for improvements to vehicles is significant and is to be commended, the on-going issue of lost income during the pandemic is still very much an open wound that has not been sufficiently addressed.

The proposal to refer the petition to the Scottish Criminal Cases Review Commission seems inappropriate, given the historical nature of the issue and the fact that its effect would not pertain to any meaningfully live criminal case. Although unusual in modern times, the royal prerogative of mercy seems like a more effective discretionary activity here. I think that it would involve a political decision by the Scottish Government—indeed, the First Minister—and it would seem a fairly straightforward exercise to write to the Queen, requesting that that be done.

This is probably one of the few grounds on which it would be viable to consider the royal prerogative of mercy instead of the more onerous process of a Scottish criminal cases review. After all, this is a historical situation, and those affected by it are long dead. It is therefore purely a political consideration. Indeed, the wider international development implications, as far as contemporary issues are concerned, suggest that this is more a broader political exercise than something that should engage criminal law.

In the same way as a listed building is protected, there are sufficient provisions in a discretionary planning system for local authorities to say that development on designated battlefields would be suitable grounds for rejection of a planning application.

I think that you are right, convener. This might be an instance of the law of unintended consequences. Clearly, the legislation was written with the intention of regulating mass culling of hare populations and shooting of hares. Falconry is such an incidental and marginal activity that it has a negligible effect at any discernible level. I think that there has been an unintentional chilling effect, which we need to address with the Government. It is clear that the submission of the Scottish Government was inadequate with regard to the specifics of falconry.

I have nothing to add at this stage, convener.

There may be opportunities to investigate how the regulations interact with licensing law and the definitions there. Perhaps the committee could express that point to the Government. We could also note the extent to which the explanatory notes cover practical scenarios where the consideration could arise. Perhaps there could be a better definition in the explanatory notes, too.

Yes.

I have no relevant interests to declare.

I am sorry for the confusion. I have a concern about the potential deficiency of SSI 2021/242 in respect of consumer rights. The Trainline has said that the Government has to advise the rail industry that only passengers travelling for essential purposes can travel and that those travelling for non-essential reasons should be refunded. The lack of provision in the SSI could potentially cause significant financial detriment. Should we raise that concern with the Government?