 Fy cardred am yr olaf y fyddwch, ymwneud â'r newydd mewn Eisteddfodol, mae'r fyddwch yn gy secretau yr olaf ymwneud hyn yr olaf, oedd y cyffin yn trefyniau'r cyffin yn gwiswgledd am yr adeso am trafn y gyfer, ond wedi ni'n credu i ei weld y cyfrifoliedd nag i ddod, Elly Thysg yn yfwneud â'r gwaith y gallwn steel yn agnelycu'r fyddwch yn fyddwch yn ei fwyfeiddiol. Felly, ond mae'r gweithfawr yn fynd yn gweithio, yn ni'n gweithfawr i'n meddwl yn gyffredinol am gweithio i gylech eich mynd i digitiaeth i gyd, wrth gwrs, ac i geitig o'i gweithio i gylech ar hyn o'i gael mwrddag nifer o'r gwbl yn i'r lle. Felly, Mike Neil, ddod y ffaith i gael, a ddod yn ni i gael, ddod o'r gwbl ynglynth negu o'i ddod, ac oedd yn gweithio i gael gan 7 min yma. Myndweithi gwrs, ddod yn wneud i gael chi i gael eu ddysgu yn gweithio'r cwanhau. You have to thank all the member from across all the parties who have supported it and those who have stayed behind this evening to participate in the debate and to listen to the debate. I think that it would be useful to set out why I became interested in this issue. In January this year I was contact by a worried parent, Mr McLevey, whose son, Aidan, suffers from Down syndrome. I had the pleasure of meeting Aiden and Mr McLevy in my office, and an energetic child is Aiden, a fuel of enthusiasm. I think that he might have done a bit of damage to the office that day, but he's forgiven. They were there on a serious matter, and that serious matter was that Aiden had a blue badge that allowed his parents to park easily and conveniently, not what they had to do when it was withdrawn, which was, of course, having to park some distance away from venues, whether that venue was the local supermarket, the doctors, the family centre, which, as a consequence, we all realise means that that family and that child have to struggle with the day-to-day activities that most of us take for granted. This is because of Aiden's condition. He has a lack of safety awareness. He can be unpredictable. He can pose a danger to himself, and indeed his parents chase after him in a busy car park. He also has a lack of co-ordination and can trip easily. As a result of getting from a car to the entrance of a venue, it can be a daunting experience for his parents. Aiden had his badge taken away because he does not meet the new strict criteria for the scheme. First, Aiden does not receive the higher mobility rate of disability living allowance, which means that he does not automatically qualify when he applies to the local authority. If a young person like Aiden does not receive the higher rate of daily aid, the local authority then goes through the process of assessment. However, due to the strict criteria, to issue the blue badge, the local authority must satisfy themselves that the applicant is unable to walk or virtually unable to walk. It is clear from the meeting in speaking with Mr McLevy that having that blue badge—although he does not fit that criteria—was an essential in allowing his family to go about the day-to-day activities that most of us, as I say, take for granted. However, it is not just an issue that affects McLevy's and Greenock Down syndrome. Scotland has informed me that I have been contacted by a number of worried parents whose children's application for blue badges has been rejected. It is also impacting on parents with children who have autism, who, due to their condition, can be prone to running off or having learning difficulties, which makes it difficult for them to appreciate danger. I will read you an extract from a submission that was made by a concerned parent to transport Scotland's consultation on extending the blue badge scheme to people with mental health conditions, which was launched a way back in September 2013. She said, my son refuses to walk at any time. Unpredictably, he also throws tantrums if we are in a strange place with loud noise. We live in an extremely busy place and there is never any parking at the doctors or the shops. My son has a rational fears. He does not speak so we cannot calm him by talking things through. He literally needs to be handled very physically to stop him either running away into the road or refusing to walk at all. I hope that those case examples convey the real impact, the real difference that having a blue badge would make to the lives of those families and how difficult their lives are made without them. As I have just alluded to a few moments ago, Transport Scotland launched a consultation a full two years ago to gauge the views on whether the blue badge criteria should be extended to include those who, as a result of diagnosed mental condition, have little or no awareness of danger from traffic and are likely to compromise their safety or the safety of others as a result. The analysis of the results was published a full year later, now December 2014, there was overwhelming support from that consultation that such an extension should be made available. The 30 groups and individuals and organisations that submitted their views supported that conclusion. That is including the lights of local authorities such as Renfrewshire Council, Orkney Council, the Artistic Society Scotland and the Western Isles Advocacy. It is on the public record. I understand that the Scottish Government this month has set up a working group to consider whether the blue badge scheme should be extended. We are very much welcome to that development. However, we cannot ignore the fact that it has been two years since we first called for evidence and that consultation has begun. The time is now. Wales, of course, has said to be led the way in this issue. In December last year, it extended the eligibility so that people who, as a result of a mental disorder, are unable to follow the route of a familiar journey without assistance of another person, will automatically receive the blue badge. As Down syndrome Scotland said, the longer it takes to address the issue, the more families will struggle to cope with everyday activities. That issue is significantly affecting the quality of life of children and adults with Down syndrome and autism throughout the country, including young Aiden, who has now gone nearly 10 months without his blue badge. I hope that the Scottish Government working group will agree to change the eligibility criteria and implement that change as quickly as realistically possible, so that families like the McLevies can go about their everyday lives more easily. I look forward tonight to hear what the minister has to say in this matter, and I hope that he would agree that progress should be made quickly. I would like to take this opportunity to thank the member for bringing this very important topic to the chamber this evening. The member will recall that the blue badge was something that I was very much involved in with my own member's bill. At that time, we were looking at the enforcement. As part of the enforcement, we looked at not the eligibility criteria but to ensure that reviews were a part of the bill that was taken forward. That meant that the local authorities had the power to ensure that reviews were carried out in terms of meeting criteria. Like Mr McNeill, in his case study that he mentioned, I too, and I am sure that many other MSPs in every constituency and region of Scotland will have similar case studies to the one Duncan McNeill expressed this evening. I have certainly had the occasion to speak directly with families when a badge has been coming up for renewal and their fear is that the badge will not be renewed. In several occasions, the badge had not been renewed. That was due to the fact that the situation was that the young person with their condition, in this case I will refer to as a young boy with autism, with very recognised individual problems. His badge was indeed refused because he was no longer passported through the benefits system in terms of the higher rate of mobility. However, on appeal, the appeal was assisted by a friend who worked within the CAB. Although the person could articulate themselves and was very articulate indeed and understood the criteria and the forms, she was aware that perhaps the language that we use sometimes when we are going through an appeal process needs to be so specific to the appeals that is something that is more, in a sense, understood and using their language to meet the criteria. The Presiding Officer is blatantly obvious sometimes that a blue badge is required. Yes, often the walking eligibility is not met because, in terms of down syndrome, autism and some other conditions, a young person or even an adult may not meet that walking criteria but their need for assistance, their need to be able to have a parking space close to whether it be a doctor's surgery or a leisure facility is irrelevant to some extent, but they are required to have a parking space close to so they are not walking through car parks, they are not walking through perhaps the entrances to a very busy traffic junctions, etc. That is why it is so important that we ask people to use a bit of common sense when they are looking at eligibility and look at the personal circumstances of each single application. Certainly, when I went through my bill, we had many, many people asking us to look at the criteria. It was out with the scope of my bill. However, it was something that I felt very strongly about and I am delighted that Duncan McNeill has brought this to the chamber this evening. Thank you, Presiding Officer. Can I add my thanks to Duncan McNeill for bringing this important issue before us this evening? The flexibility that the blue badge gives people with mobility problems should not be underestimated. The extension of the scheme to include passengers with disability means that drivers can take friends or family members to the desired location far more easily. Please excuse my voice this bit croaky today. This debate rightly focuses on Transport Scotland's findings following its call for evidence on extending the scheme to include individuals with mental health conditions. Duncan McNeill's motion makes explicit mention of Down syndrome. I agree with him that parents in particular face huge challenges in everyday life with children who have this condition. That includes having to park sometimes a long distance away from, for example, shops or the high street that they intend to visit. Never mind doctors' surgeries. Children with Downs often do not have a full understanding of the dangers posed by traffic in that there is sometimes a tendency to wander off or to be unfamiliar with certain route. It should be emphasised and recognised just because a child can walk ably. That does not mean that he or she is not a danger to themselves or others with passing vehicles. A blue badge would help address those concerns by allowing parents to park outside, or as near to the venue that they wish to visit as they can. The motion also refers to the discrepancy between the assessment process of under 16-year-olds, including young children and teenagers, and all those over 16. Whilst I do support the Conservative Government's welfare reforms to tackle the culture of dependency, sadly one of the knock-on effects of such measures means that changes to the rate paid in mobility allowance for those children with Downs has led to changes in the issuing of blue badges. I personally believe that this anomaly needs to be rectified as soon as possible. I would support Transport Scotland's working group in investigating how close we can close this loophole that connects benefits and parents having blue badges of their children with Downs. Of course, Downs is not the only condition that should be covered by the blue badge, or it is a condition that alone affects only 5,000 people in Edinburgh, including 850 children. Duncan McNeill has already spoken of his constituent, Aidan McLevy, from Greenock who has Downs. I would like to mention one of my constituents, Owen Martin, whose nine-year-old son Theo has autism and has recently lost his blue badge due to changes in assessment. Although Theo can walk for 40 metres, which is a new criteria for accessing legibility, this does not take into account the fact that when his father parks, he can no longer use the disabled space. Often, this means parking some distance from their home in Edinburgh, with the consequence that Theo's hand has to be held at all times. Children with autism often have sensory overload issues, which can lead to them having what I understand is termed a meltdown, caused by noise and sound sensors from those vehicles. As Owen said to me, you have to hold on to it the whole time because if you turn around for a second, you'll be off. I reiterate that this is an important debate, in which we hope that Transport Scotland will take note of during the course of its working group. Whilst we are all conscious that there are incidents of the blue badge scheme being abused by some unscrupulous individuals, it makes perfect sense to me that a blue badge scheme should not be restricted to those with mobility issues. People with mental health problems, especially children, should not be discriminated against and, therefore, wholly support that motion. I begin by congratulating my colleague Duncan McNeill on securing this important debate tonight, highlighting the need for the Scottish Government to extend the eligibility criteria for the blue badge scheme. I would like to take the opportunity to highlight the case of one of my constituents, Philip, who has autism. My constituent is in his early 20s, and he's been told that he's not eligible for a blue badge. He was told that the assessment has to be based on his walking functionality, not on his autism. Yet Philip's autism means that he's unable to negotiate traffic and has got very little sense of danger. He's unable to go anywhere without his parents, who moved up from Scotland to Scotland from Yorkshire to make a better life for their family but now are virtually trapped indoors. Sadly, my constituent has had to give up a work placement that he's secured as a result of this decision. Philip has been told that he will qualify when he's moved on to personal independence payments, but that he is in one of the last groups to be moved over and so has just got to wait. No indication has been given of how long his wait will be. He's already been waiting for more than a year. This is simply unacceptable. As members will be aware, the Welsh Government has already extended the blue badge criteria in Wales to include individuals that can't follow the route of a familiar journey with another person. If my constituent lived in Wales, he would be automatically entitled to a blue badge right now. I know that the Scottish Government has established a working group to look at this, but progress has simply been too slow, and I think that that really is undermining people's quality of life. As other colleagues have mentioned already, having a blue badge isn't just about being able to get part. It plays an absolutely vital role in helping people to overcome the many barriers and struggles that they face every day in accessing jobs, services, leisure and social opportunities. Without a blue badge, many people like my constituent, Philip, are being forced to become prisoners in their own homes. Duncan MacNeill's motion highlights the case of children under 16 who are being assessed more strictly than those over 16, meaning that many no longer qualify for the higher rate of mobility allowance that triggers a blue badge. The many parents and carers are now faced with walking long distances with their children, and for a parent of a autistic child, as Cameron McCannan has already highlighted, that can be a real challenge, especially when a child is prone to running off to having sudden meltdowns due to sensory overload or simply having no perception of risk or danger, and there's often little in the way of public sympathy or support. As a result, many families with children on the autistic spectrum feel isolated, cut off from family and friends and from the wider community, from the activities that many of us enjoy and take for granted with our children. In the Scotsman last week, I read an article by Sophie Pilgrim of Kindred, which is an organisation that supports families of children and young people with additional needs, and she summed up the difference that a blue badge makes very well. She said, getting a blue badge restores some of the normal to family life. Parking up right next to the shop door can make a dreaded shopping trip manageable. If you've got a child with ASD, you know that any trip out has to be planned with an exit strategy, she added, with a blue badge, at least you don't have to walk for miles dragging a screaming hyperventilating child to the wonder of passersby. It's time for the Scottish Government not just to recognise the plight of my constituent and the other constituents that members have talked about today. It's about time to recognise the plight of families right up and down the length of Scotland. It's time to act. The longer it takes to get the sorted, the longer families are going to struggle to cope with the day-to-day activities that affect the quality of life and wellbeing of children in and from and right across Scotland. It's time now for the Minister for Scotland to follow Wales's lead. I look forward to hearing what the minister has to say later. Extended the eligibility of the blue badge would transform the opportunities available to my constituent and it would help to transform the lives of many families across Scotland who have children with conditions like down syndrome and autism. The time is for action now, and I'm really grateful to Duncan McNeill once more for bringing this important issue to the Parliament tonight. Thanks very much. I now call on Mark Macdonald to be followed by Hans Alamalloch. Thank you very much, Presiding Officer. I guess, just in case I stray into those areas, I would highlight on my register of interest at my member of the advisory committee for the National Autistic Society in Scotland. I'm going to try my best, Presiding Officer, so it's really difficult in these debates not to bring my personal circumstances into this. We've never held a blue badge for my son nor sought to get one for him, so I don't speak from that perspective, but I do know of many individuals who have either held a badge previously or sought to apply for one. I think that the points that have been made around the challenges that are faced by families with a child or an adult on the autistic spectrum are very well made. I think that often it can be taken for granted how difficult and challenging it can be to plan a family trip or day out or even a trip to the supermarket where, while it is possible to use parent and child parking spaces, if those all happen to be full, families can find themselves parking a great distance away from the store where the child has no concept of danger and is liable to escape. Those who have spent time with families with a child on the autistic spectrum will know that many children in the autistic spectrum are expert escapologists. It can be a very fraught and challenging experience to negotiate a car park, which many people would not have cognisanced of. I will give way to my friend Dennis Robertson. Dennis Robertson? I am grateful to my friend and colleague Mark Woodall. Mr Woodall is mentioned, obviously, the families. Quite often, when a trip is going out, if you have an autistic child or someone with a child with Down syndrome, it is more than just that child. There are others to be considered as well. We are actually looking at the health and safety of not just that individual but other members of the family. I take on board entirely the point that my colleague makes. I have constituents who have a number of children, three or four children, one of whom perhaps has a complex disability, which means that they can often face difficulties around planning trips and things like that. Obviously, they cannot always give their full attention to the child who is on the autistic spectrum or with Down syndrome if they have other siblings that they have to look after at the same time. That point is well made. I would highlight the case of a good friend of mine, Glyn Morris, who lives in Murray and is the ambassador for the National Autistic Society Scotland. Glyn Morris has a 16-year-old son, Gregor, and he says that Gregor's disability does not make having a badge of luxury a necessity. Gregor's focus is on getting to where he is going and means that he has no regard for other things such as traffic or people who he may come into contact with. While Gregor may be able to follow the route of a familiar journey unassisted, he may not be able to do so safely. That is an important distinction that we need to make. It is not just about an individual's ability to walk unaided, it is about the ability to do so safely. I think that the point that has been made around the extension of the criteria is well made. I would note the evidence that was received particularly from the National Autistic Society Scotland that perhaps the terminology is crude in its application. Perhaps looking at coinative difficulties might be a better way of expressing something, because there are many who would consider mental disorder or mental health impairment to be a crude way to describe down syndrome or autism, and that perhaps needs to be looked at. One other thing that I may sign off as a flag-up is that it probably sits out with this, but it is worthy of consideration that the situation that Cameron Buchanan described of the impact of welfare reform, particularly the reduction from 50 metres to 20 metres when it comes to the higher rate of mobility, is going to potentially exclude a number of individuals, particularly has been highlighted by MS Society Scotland, the potential impact that that could have. That may be something following on from this consultation that the minister may want to turn his attention to, because if that follows through into how people are being assessed, there are individuals who currently would qualify for a blue badge under the 50 metre regulations, who may find their blue badge being taken away from them, because the 20 metre regulation does not necessarily class them as people who would require that higher rate of mobility, so I just flagged that up as a potential future consideration. No call on Hanzala Malik after which to move the closing speech from the minister. Thank you very much and good afternoon, Presiding Officer. I would like to thank Duncan McNeill for securing today's debate. In my many years as a Glasgow City councillor, I have had many constituents come to me questioning the fairness of the scheme. The blue badge eligibility has historically been assessed on mobility and the person's ability to walk a certain distance. The consultation on the eligibility criteria to increase people with mental health is welcome. The consultation responses show an overwhelming support for broadening criteria that look at the ability of a person to walk safely and independently rather than just simply a distance. I wholeheartedly support any change that will enhance the blue badge system to those who require it and that will make the system fair and enhance the quality of life of people who need it the most. The problems highlighted by Down's Symptom Scotland about the anomaly between children aged under 16 receiving disability living allowance and those receiving personal independence payments is unfair and unacceptable. One of the reasons for the Smith Commission recommended that powers over benefits for people who are ill or disabled was so that the Scottish Parliament can identify and respond to these issues itself. And that also is welcome. I have one note of caution that we broaden the criteria to include the very every range for disabilities and conditions that is needed. However local authority staff need to have the skill and ability to assess the need for the blue badge fairly. There is little point in making the laws more accessible if we still do not apply the rules on ad-hop management system. In addition the local authorities need to ensure that sufficient safeguards are in place to prevent the abuse of the blue badge system. I have seen occasions where a blue badge has been used by relatives or friends rather than the actual person the badge was intended for. And I know that a lot of authorities are making a lot of going to a lot of pain to try and redress this issue but I think that it is an important one. I take on board the point that the member is making. Would you also accept that if we are going to widen criteria to allow for individuals, for example in the autistic spectrum, we need to have proper awareness raising to ensure that those people are not incorrectly identified as blue badge abusers because while they may appear not to have a disability from a physical position, they nonetheless would be people who would require that support. I take on board what Mark is saying. You are absolutely right and I would not want to embarrass anybody particularly if there was a person who actually needed the badge in the first place. Hence I support the principle that the scheme should be widened. Absolutely, I have no hesitation in that whatsoever. However, I also feel that the staff of the various authorities need to have the appropriate training to handle the situation on the ground. I know when someone parks in a disabled way, what I don't want to see is somebody opening the door and falling out of a vehicle and crawling to wherever they're going, that is not the point I'm trying to make. The point I'm trying to make is that the badges that are used are used appropriately and we need appropriate training for people to carry out their duties and I think that's important. Thank you very much for writing off that. Thank you very much and we now move to closing speech from the Minister of Minister of Seven Minutes or thereby please. Thank you Presiding Officer. First of all, I express my gratitude to Mr McNeill for bringing this important matter before Parliament today to focus on mind and allow me the opportunity to update Parliament. First of all, I think that it's right that we deliver a focus scheme so that the scheme is not overwhelmed and therefore it becomes ineffective and is targeted to those who will be able to support. I think that all members' contribution has certainly enlightened that position. The second thing that I want to say is something by way of an apology is supposed to Dennis Robertson and Mark McDonald who raised the specific issue of terminology and language to which I agree. Some of the terminology that I use in my contribution is terminology that I would not use but it hangs on the legislation. Therefore, I have to use a term such as mental disorder, which is not how I would choose to describe such conditions. However, if you forgive me, Presiding Officer, I will do so for the sake of at least legislative competency but do not underestimate the sensitivity of the subject. At the blue badge scheme and the packing concessions that it provides help people across the country to access essential lifeline services, many of which would be unobtainable without the use of a badge. Approximately 228,000 blue badges are an issue in Scotland, and in managing the scheme, we must ensure that badges are available to those who are most in need and that badge holders have the ability to park where they need to. That is why the Scottish Government supported Dennis Robertson's disabled persons parking badges bill that came into effect earlier this year. That act, of course, is focused on enforcement and the circumstances and the clampdown on fraud and misuse. That demonstrates her continued support to ensure that the scheme is best serving those who have a genuine need to use it. With regard to the eligibility, it is important to set out for clarity the different ways in which someone can be eligible for a blue badge currently. A badge can be issued either without assessment generally where the applicant receives a passport from another benefit such as DLA or PIP, or following assessment by a local authority. The scheme has gone through a significant reform process over the past few years with change, with eligibility assessments conducted by local authorities that are focused on those, as members have described, those who are virtually unable to walk. At the same time, independent mobility assessments were introduced. A great Britain-wide database was set up and enforcement powers were strengthened through the last year's act. However, some of the most significant changes to the scheme have happened as a result of the UK Government's welfare reform changes, as Cameron Buchanan has mentioned. When the personal independence payment was introduced to replace disability living allowance, the Scottish Government set out to maintain eligibility as far as possible for those previously in receipt of the higher-rate mobility component of DLA. In 2013, we introduced regulations so that anyone awarded PIP at 12 points for the planning and following journeys activity or eight points or more for the moving around activity would be eligible. However, as the different benefits have different assessment criteria, achieving parity was not entirely possible. That is why, in 2014, we took the additional step of ensuring that those previously in receipt of a lifetime or indefinite HMRC DLA award would remain eligible. Alongside the suite of reforms, I have also commissioned to call for evidence that Mr McNeill has referred to. We have been referring to today to specifically look at extending the scheme to include those who, as a result of a diagnosed mental disorder, have little or no awareness of the danger from traffic. The aim of the consultation was to gather views on the viability of extending the scheme, as members have requested, whether an extension was needed and to identify challenges to implementing such an extension. An analysis of the response to the consultation has been published and shows support for the scheme. It was clear that extending the scheme would bring benefits to people with a range of mental disorders and would have a practical and positive effect on both the individuals and their immediate family and their carers by decreasing the level of anxiety. However, one issue that was raised through the call for evidence was, as has been described, the potential discrepancy and eligibility for under 16-year-olds. While PIP is replacing DLA for people aged between 16 and 64, DLA remains in place for under 16s. As both are assessed in different ways, that means that there is a potential inconsistency that mostly affects those with mental health conditions between different routes into the system. As a result of the issues raised through the call for evidence, setting up the working group was important to work with local authority, blue badge, administration staff, health and social care professionals and representatives from disability organisations. The group is reviewing the evidence gathered, considering the barriers relating to extending eligibility and seeking to identify the ways in which to overcome those with the aim of ensuring, as far as possible, parity between those who are assessed via local authorities and those who passport from other benefits. I can tell you that the working group held its first meeting in July of this year and the second meeting is planned for next week. The group needs to ensure that any changes do not have an adverse impact on other parts of the scheme. I very much look forward to hearing of the recommendations in due course. I thank members for their contributions, which will also help to inform them. I advise members that, since I did not have an intervention that I was anticipating, that that work shall be careful what you wish for in this place. I thank the minister. With the minister setting out a timetable, we will take on board the results of the consultation and maybe look at ways in which we can have cognitive assessments included for those who may be eligible for badges. I think that the minister will, hopefully, acknowledge that we are not seeking a blue badge eligibility for every person with Down syndrome or every person with autism. Indeed, that cognitive assessment must take into account a person's ability to perhaps be safe when unescorted. I sincerely hope that the minister will be able to put a timeline and maybe be able to advise us as to whether or not the bill can be amended and if so, how long that process may take. I am very grateful for that intervention, because it poses the question that has then gone on to answer, which was of assistance to Mr McNeill as well, which is around a timescale issue as well. We can debate how long it has taken to get to this place, but what is important now is the progress that we can make. To answer that question, yes, of course everyone who is eligible may not take up that eligibility to seek the blue badge, but we certainly want to be as supportive as we can where they want to do that. That is a helpful contribution on timescales. I understand that the working group should have its work concluded by November. My commitment to the chamber is to take any relevant legislative approach as soon as I can after that, but it may be possible in terms of guidelines. Only it may be possible—I need to seek further guidance—that we may not require legislative change to achieve some of that. If that is the case, I will execute that as quickly as possible to deliver that as effectively, efficiently and quickly as I possibly can.