Chamber and committees

They are in the process of doing that. Some will have done so and some will not, as yet, have done so, but they are in the process of doing that.

Perhaps Fred O’Hara can give the committee more information about that engagement.

The registered keeper has the responsibility for fines. There is an awareness issue, and we are going to try to raise awareness among everybody. However, if I were in a family in that situation, I think I would be telling my children not to pavement park, because there should not be pavement parking anyway and because I would not want them to make me liable for fines.

Again, it is up to local authorities to decide what they need to do when it comes to their own processes. Some are further ahead than others, but we are providing the powers for them to carry out enforcement using penalty notices if they choose to do that. It is up to them to work out their level of enforcement. Clearly, some local authorities might want to take a heavier hand sooner rather than later, but the more commonsense point of view, which has just been illustrated, is to give people notice in some shape or form to raise awareness—it is about saying, “Look, this is coming in now,” whether that is through leaflets or whatever, in the relevant streets.

I will bring in Fred O’Hara to give you some information, but I would have thought that the sensible thing would be for local authorities to identify and publicise that on their websites. However, they will also want to go through a process with their committees on how to enforce the measure. We know that that discussion has just started in Edinburgh, where the council thinks that it will be the first to put the measure in place. There might be a period of time before local authorities know that they are ready to enforce the penalties that we are providing them with the powers to enforce, should the committee and the Parliament agree to the instrument.

Engagement with key delivery companies has been continuous. It has been part of the process of drawing up the regulations. Marketing will be general, but communications can be done nationally, and I am keen that that takes place. However, I also expect local authorities, along with their local Chamber of Commerce, to actively engage with businesses on particular streets where they will want to enforce the measure. I reassure you that ensuring that drivers are aware is part of an on-going process.

In reflecting on the issues with parking, we have recognised that, although some deliveries take place in branded vans and white vans, so we know who they are, increasingly, they are done by people in their own vehicles. However, if someone is making deliveries for a business purpose, as long as they abide by the regulations that the member referred to, they will not be subject to a penalty notice.

It is an on-going relationship. It is important that it is done in a co-operative way between central Government and local authorities, and that engagement continues. It has been done in a very co-operative way.

Perhaps Fred O’Hara can give an indication of the level of engagement, but I would prefer not to be issuing directions, if that is the invitation. It is better that it is done in co-operation.

As the convener will know, I was deputy convener of this committee when it studied the exemptions regulations as they passed through Parliament. Some local authorities have identified the roads that they want to exempt, but many are still in the process of doing that. Therefore, there is on-going engagement between my officials and different local authorities, but it is up to local authorities to identify which of their roads they want to be exempt.

There are a number of things to say on that. I think that the committee has looked at clean air enforcement issues more generally and has reflected on the fact that local authorities use their discretion. In some circumstances, however, they have taken a stronger enforcement line when they have been trying to persuade people to understand the issue.

It is clear that local authorities have powers in this area. Normally, the Government gets criticised for being overzealous in telling local authorities what to do, but this is an issue on which we have to respect local authorities, who know their communities, their towns and their areas, and so they know the level of enforcement that they want to carry out. That is why they have discretion in the extent to which they carry out that enforcement. We are giving them the powers to enable that, and the penalties will be, we hope, a diversionary implement.

The use of “teachable moments”—if that is the term that you used—is really important. We all know that there are many behaviours in relation to cars—such as not wearing seat belts and drink driving—that, over many years, have changed in line with changes in what is acceptable. In recent years, coming through the pandemic, people have walked their streets more, they own their places more and they want to be able to do that in comfort. All of us who have children have probably been in a situation with pavement parking—I was reflecting that I had two children in a double buggy. The most frustrating thing when someone is pavement parking is that they are, by and large, forcing women with young children on to the streets. We are saying, “Do you know that that isn’t acceptable? Why don’t we just agree that we don’t do that?” There is a behavioural aspect, which is why there will be a marketing campaign to persuade people to change that behaviour.

On enforcement, local authorities have the tools, they have the legislation and they now have the opportunity to use penalty notices as well. We are providing the tools so that, if they want to use the stick, they can. However, why do we, as a country, not just say, “Let’s stop pavement parking and allow people to use the pavements with freedom”? Whether we are talking about people with guide dogs or in wheelchairs, elderly people walking their dogs in narrow spaces or parents or grandparents with buggies, we should let people use the pavements.

That is an important point. Again, it is a decision to be made by local authorities, but local authorities should be informed by local communities. The continuous dialogue that is helping to inform the guidance on parking standards will come out at the same time as we commence the regulations, should they be agreed to when the committee and the Parliament vote.

On the responsibility of individuals, councillors will no doubt be approached by people who have individual circumstances. They can take that up with the local authority. Similarly, MSPs will no doubt be contacted. Local authorities increasingly have access panels of the type that the member spoke about, and the Government consults the Mobility and Access Committee for Scotland to get its advice. That is proper and responsible community engagement. Any individual issue can be addressed with representation, but I cannot make local authorities do that; they have to do it themselves.

I thank the committee for its questions and contributions, and I hope that there is support for this important final part of the regulations.