My Lords, I support the amendments in this group, in particular those that transfer powers to Scottish Ministers. I crave the indulgence of noble Lords as I have not taken part in this Bill in Committee so far, but having listened to the eclectic subjects of schooling, tourism, licensing evenings in villages halls, haircuts, whisky ice cream and the size of Mars bars, it is much more attractive for me to carry on to take part in the debate.
These amendments are welcome. They reflect that rallying in Scotland has a long history and is enjoyed by thousands of dedicated individuals: spectators, drivers and volunteers. Scottish drivers and co-drivers have reached the highest levels of competition, for example, winning the World Rally Championship and building on Scotland’s motor sport tradition. As the Minister indicated, for more than 40 years the memorial rally for Jim Clark has been a fixture in the Scottish rally scene, in particular in the Scottish Borders in the constituency of my right honourable friend Michael Moore and in the ward of Councillor Frances Renton who is a tireless supporter of the rally. For more than 40 years, this annual event has taken place on private roads and tracks in the Scottish Borders in memory of my father’s hero Jim Clark, who was Formula One World Drivers’ Champion in 1963 and 1965. It is the only closed-road rally in mainland UK and therefore this measure will be of relevance to the Scottish Borders and the Jim Clark Rally.
It is held over three days in the Scottish Borders. It is worth acknowledging the work over many years by dedicated volunteers, and the real professionalism in the local authority and the local police and emergency services. However, despite that, this year the rally was struck by tragedy and three spectators were killed.
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I note that some of the issues regarding the requirements for regulations have been addressed very recently in the early report of the Scottish Government’s commission into that dreadful event. The group chaired by the Scottish Government was established to review the safety of the rally, taking into consideration other motorsport events across Scotland, including in Mull and the highlands. The group has a wide membership, including representatives of the Motorsport Industry Association, the Scottish Auto Cycle Union, Police Scotland, the Health and Safety Executive and the local authority. The group also benefited from expert advice from Sir Jackie Stewart, who is noted for his long experience on road safety.
The conclusions, although early, which the group is drawing support the role of the clerks of the course, the surrounding support offered by the emergency services, safety plans, learning from other areas and multi-venue rallies, and for there to be further guidance that could well be consistent across other measures. This will inform the regulations that will now become the responsibility of Scottish Ministers. In that regard, this is particularly welcome.
As the Minister has highlighted, currently the Jim Clark Rally has legislative authority through the Scottish Borders Council (Jim Clark Memorial Rally) Order Confirmation Act 1996, which was a private Bill. This has meant that the rally can take place only in the district of Berwickshire in the Scottish Borders. When there has been work to try to expand the rally into further areas in other parts of the Scottish Borders, that was restricted because it would have required primary legislation in this Parliament. This move towards Scottish Ministers is particularly welcome.
If I may, I will ask the Minister a couple of questions regarding the processes going forward. The first concerns the persons who under the regulations will be given the authority to operate such events. My question is whether the Government have considered allowing a relevant local authority to be such a person with regard to the competence of this legislation. I ask this because in many instances it would be of assistance if a person authorised for the race included a local authority or local authorities, with the support of the Scottish Borders Council. That would help with having the regulatory power when it comes to other organisers, and those associated with that event.
The second area is whether there could potentially be improvement to the other conditions which would be specified in the regulations. These are by their nature generic. They are being brought forward by the Scottish Government, and they could also stipulate the conditions of those regulations which can be enforced by the authorised body. That would also assist local authorities within Scotland to make sure that the events are conducted to the highest possible standards.
While understanding what the Minister said in the context of events in London or on the English side of the border, because these would be by nature generic, there would not necessarily be any distinction between a proposed Glasgow Grand Prix or making improvements for a specific event in a rural area such as the Jim Clark Rally.
Before I draw my comments to a close, I also would like the Minister to consider whether there could be conditions that relate specifically to public safely.
Proposed new Section 12G(2)(c) states that there will be conditions on what these regulations are able to cover. I noted that public safety was not an element of that. While I would not wish to pre-empt what the Scottish Parliament may well approve in legislation—I say that with respect to the institution in which I had the privilege to serve—and cognisant of the circumstances that we have seen at the Jim Clark Rally, public safety is an element.
Finally, I am pleased that a legislative consent Motion in the Scottish Parliament has been passed and there has been good co-ordination between the UK Government and the Scottish Government in transferring the powers. As a Liberal Democrat, it is pleasing to see that we are not only providing support for local events such as the rally, support for local authorities such as Scottish Borders Council, ensuring that regulation is improved, and carrying out what we believe in, which is transferring appropriate powers to the responsibility of the Scottish Parliament. If it
means that we support a rally that I and my family are passionate about, I also have a personal interest in seeing the success of this measure.