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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 9 November 2025
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Displaying 3682 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

I want to illustrate that point with the evidence from one of those young people from whom we heard. She was a 12-year-old girl who was vulnerable. She was befriended on social media and invited to meet the individual by whom she had been befriended. She found that, in fact, she had been invited to an appointment where there was a crowd of people. She was then physically assaulted. The incident was filmed. She was left unconscious. She was hospitalised. Her parents did not recognise her when they saw her in hospital. The video of the assault was posted, not anonymously but with the names of all those involved attached. They did that because, in their minds, if you are under 25 the procurator will not take forward any action against you. Therefore, they felt that they could do that with impunity. By thinking that way and by promoting that view, they are encouraging others to do the same.

I accept that, in that case, social media is a tool that is being used by people who are disposed towards that kind of violence, but it struck me that the more that there is a belief, rightly or wrongly, that that process as it was described is accurate, the more it will encourage more of the same, because the people perpetuating the violence felt empowered. However appalling it might be, they felt that it made them untouchable and gave them status within their peer group. That is an example of what you and David Torrance are talking about that we heard about directly. It was very difficult not to be profoundly struck by it.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

I have allowed the question session to run on a little bit, because it is an important subject. Would you like to volunteer any final comments before we conclude?

No one has any other comments. I am very grateful to the witnesses for their helpful, candid and forthright evidence.

I will suspend the meeting briefly.

10:43 Meeting suspended.  

10:46 On resuming—  

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

Our next continued petition is PE1864, lodged by Aileen Jackson on behalf of Scotland Against Spin, which calls on the Scottish Parliament to urge the Scottish Government to increase the ability of communities to influence planning decisions for onshore wind farms by adopting English planning legislation for the determination of onshore wind farm developments, empowering local authorities to ensure local communities are given sufficient professional help to engage in the planning process and appointing an independent advocate to ensure that local participants are not bullied and intimidated during public inquiries.

We last considered the petition as far back as 31 May 2023, when we agreed to write to the Minister for Local Government Empowerment and Planning to seek clarification on what the Scottish Government means by ensuring communities can have a “meaningful say” on planning applications.

The minister’s response refers to the definition of community set out in the national planning framework, and notes that, at the time of writing, a consultation was under way on

“effective community engagement in local development planning guidance.”

Members may be aware that the consultation closed on 13 September 2023.

The minister’s response goes on to highlight that the Government’s planning and environmental appeals division has agreed to consider a refresh of reporter training on handling inquiries to ensure that members of the public are able to give their views and to have those properly heard in a safe environment at inquiries.

We have received five submissions subsequently from the petitioner, the first of which comments on the response that we received from the minister and suggests that clearer definitions are required to make an effective assessment of the effectiveness of planning guidance. The petitioner has also restated their proposals for enabling communities to access professional help when engaging with the planning process, which they suggest could be financed through an increase in planning application fees.

The subsequent submissions from the petitioner draw our attention to the type of experience that community groups face when confronting or being confronted by a developer’s legal team during inquiries.

The petitioner highlights comments from the United Kingdom Government that

“decisions on onshore wind are best made by local representatives who know their areas.”

They also refer to the publication of a deal between the onshore wind industry and the Scottish Government with the industry and highlight a comment that was made in relation to that:

“A well-resourced and efficient planning system is needed ... to enable projects to go ahead where they have local support.”

We have received a range of submissions from the petitioner and a response from the Government. The consultation that it held has subsequently been published. Do members have any comments or suggestions as to how we might proceed?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

Do we agree to do that?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

PE1957, lodged by Catherine Donaghy, calls on the Parliament to urge the Scottish Government to ensure that surveyors are legally responsible for the accuracy of information provided in the single survey, and to increase the liability on surveyors to pay repair bills when a home report fails to highlight existing faults in the condition of the property. At this point, I excuse Mr Choudhury from our proceedings.

We last considered the petition on 17 May 2023, when we agreed to write to the Scottish Government seeking further detail on its plans to review home reports. In its response, the Scottish Government has stated its position that delivering the ask of the petition would be inappropriate as the scope of the home report survey is outlined at the beginning of the report and that members of Royal Institution of Chartered Surveyors carrying out home report surveys are required to have in place a complaints handling procedure and professional indemnity insurance. The response goes on to note that the delayed 2020 review on home reports will now be progressed alongside the Government’s work to update cross-tenure housing standards.

In light of that, how might we proceed?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

Are members content with Mr Ewing’s suggestion?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

Do we agree to close the petition?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

We thank the petitioner for lodging the petition. Given the reasons set out by Mr Ewing, we feel that we will have to close the petition at this point, but I hope the petitioner has also taken note of Mr Golden’s comments.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

I add that we note the additional measures that the SLAB is trying to implement to facilitate access. Are colleagues content to close the petition at this point?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 21 February 2024

Jackson Carlaw

Again, we thank the petitioner for lodging the petition. There seems to be some movement from the Scottish Legal Aid Board. Of course, it is open to any petitioner in the light of subsequent experience to bring a fresh petition if that does not make the hoped-for difference.