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Those seem to be the asks of the petitioner. Are colleagues content that we close the petition on that basis?

Members indicated agreement.

Are we content to support Mr Torrance’s proposal?

Members indicated agreement.

The first new petition for consideration is PE2172, which has been lodged by Sarah McFadzean. A representative is in the gallery on her behalf this morning. The petition calls on the Scottish Parliament to urge the Scottish Government to amend council tax regulations to allow late banding alteration proposals in exceptional personal or compassionate circumstances such as bereavement, illness, sudden house moves or lack of rights awareness, particularly among tenants.

The SPICe briefing for the petition explains that, when someone moves into a new home, they can apply to have their council tax band changed if they think that their property is in the wrong band. This application or “proposal” must be made to the local assessor within six months of the person becoming liable for council tax on that property, which I suspect every MSP is aware of because they will have received representations on the matter. If the proposal is received outwith the statutory time limits, the assessor must deem it invalid. People have six months to make such an application, which is not necessarily properly understood.

The Scottish Government response confirms that existing regulations do not grant discretion to extend the statutory period for proposals in exceptional circumstances for personal or compassionate reasons. The Government states that, because each assessor has an on-going duty to maintain an accurate council tax valuation list, anyone could request a review, and possibly a correction, of the list itself based on potential error and without a time limit restriction.

However, as shown in the SPICe briefing, the Scottish Assessors Association suggests that the band review process

“is not a legislative option in Scotland”,

whereas the proposal process is set out in existing legislation. Additionally, evidence presented to the Local Government, Housing and Planning Committee earlier this year showed that assessors are already under pressure with existing workloads.

The Scottish Government is currently conducting wider work on council tax reform in collaboration with the Convention of Scottish Local Authorities and based on research that was commissioned by the Institute for Fiscal Studies. The Government intends for that comprehensive work to inform a debate in the Scottish Parliament, which will shape proposals for the next Parliament to consider, in early 2026. Members might, in fact, recall that we have recently closed a different petition on that exact basis, which is that the issue will be the subject of a statement, a debate and a paper ahead of dissolution, with recommendations to follow next year. Now that I have said it, I do not know whether the Government will do all those things, but a paper will certainly be published that sets out the options.

Do colleagues have any suggestions as to how we might proceed? It is a new petition, but we have to look at it in the light of our ability to proceed.

There are prompts.

In essence, it is okay to have those prompts in a situation where CPR might have to be deployed, rather than a continuous programme of refreshment.

I want to touch on an issue that came from Sharon Duncan, David Hill’s mother, in relation to evidence that we were able to obtain from the consulate general of Italy. For a very long time, Italy has had a screening programme for young people who are actively engaged in sport up to the age of 35, and evidence suggests that there has been an 89 per cent reduction in sudden cardiac death as a consequence of that. That brings me to the generic question about preventative care versus reactionary care. The simple prejudice that I sometimes feel lies above all of this is that preventative care has a cost up front, which you do not see the benefit of, and that people would rather deploy things that the accountants can see the return from. That statistic in the evidence for the reduction in sudden cardiac deaths is particularly poignant for the Hill family following David’s death.

Is there more that we should be learning or that we should be prepared to embrace when it comes to preventative initiatives? I know that my colleague Brian Whittle raises that issue in the chamber in relation to almost all areas of health. Would preventative action and being willing to be more open minded about the potential issues that arise from all of this make a difference, especially given that the Government does not have a particular strategy to tackle this area?

Thank you, Mr Torrance. We have identified those three points.

PE2175, which was lodged by Paul White, calls on the Scottish Parliament to urge the Scottish Government to introduce new legislation that would immediately ban the sale of disposable or instant barbecues by retailers and introduce on-the-spot fines for anyone using a disposable barbecue in Scotland.

We have been joined by our colleague Edward Mountain for our consideration of the petition. Good morning, Mr Mountain.

The petitioner believes that, in recent years, there has been a rise in irresponsible outdoor access, which, combined with climate change, has increased wildfire risk significantly. The Scottish Government’s response states that the ask of the petition is “not achievable” in Scotland. The submission states:

“Product standards and safety, and the regulation of the supply of goods to consumers are reserved matters. The United Kingdom Internal Market Act 2020 generally prevents banning the sale of an item in one part of the UK which can be freely sold in the others.”

However, the SPICe briefing notes:

“Scottish Ministers can introduce regulations under section 140 of the Environmental Protection Act 1990 to prohibit or restrict the importation, use, supply or storage of injurious substances or articles for conservation purposes.”

The restrictions on single-use plastic and single-use vapes are examples of instances when the Scottish Government has sought to do that. The briefing explains that new product restrictions of that nature could require a UK-wide approach or an agreed exclusion from the 2020 act’s principles. Local authorities have the power to introduce byelaws that put in place temporary bans on the use of barbecues, including disposable ones, in the whole of, or any part of, their area. The SPICe briefing notes:

“The Cairngorms National Park Authority has recently submitted a ‘fire management byelaw’ proposal to Scottish Ministers which, if approved, would ban the use of disposable and other (non-gas) barbecues in the Cairngorms National Park ... between 1 April and 30 September”

except in certain circumstances.

Before I ask my colleagues whether they have any suggestions on how we might proceed, I would be delighted to hear from Mr Mountain.

I would only say to Mr Golden that he coined the phrase “circular economy” in the Parliament, and I hope that they are the last two words that he says before he departs the chamber in 2026.

I thank Mr Mountain.

The next of our petitions is PE2176, lodged by Warren Mitchell, calling on the Scottish Parliament to urge the Scottish Government to introduce penalties for organisations that fail to comply with Mental Welfare Commission recommendations in relation to duty of candour.

The petitioner submitted the petition after the tragic loss of his wife. He believes that there were organisational failures surrounding the circumstances that should have been addressed. The petitioner believes that the Mental Welfare Commission lacks the necessary powers to take organisations to task when recommendations for improvement are not actioned.

The Scottish Government’s response to the petition highlights that the Scottish mental health law review recommended strengthening the commission’s powers. The suggestions included that the legislation should include a level of direct accountability to the Scottish Parliament. That would include the power to make a report to Parliament if there is a serious failure by a public body, including the Scottish Government, to follow a recommendation. The review also recommended that the MWC should have the power to initiate legal proceedings to protect the human rights of any person or group that is covered by mental health and capacity law.

The response notes that the Scottish Government previously considered whether the legislation should be amended to include sanctions or penalties against organisations that fail to comply with the law, but it concluded that legislation is already in place that would hold organisations to account, if it was deemed necessary. The Scottish Government is therefore not minded to amend the regulations or the overarching legislation to include sanctions or penalties. The submission also points out that health professionals are subject to professional standards relating to their own profession, and that they can be subjected to an investigation and disciplinary action from their own regulatory body should they be found to be in breach of their obligations.

The Scottish Government states that it will consider strengthening the powers and responsibilities of the Mental Welfare Commission within the context of a wider long-term reform to mental health law.

This is a petition that has been motivated by tragic personal circumstances, and where we can go is identified for us.