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Ppc/S5/18/19/A Public Petitions Committee

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Ppc/S5/18/19/A Public Petitions Committee PPC/S5/18/19/A PUBLIC PETITIONS COMMITTEE AGENDA 19th Meeting, 2018 (Session 5) Thursday 20 December 2018 The Committee will meet at 9.30 am in the Sir Alexander Fleming Room (CR3). 1. Decision on taking business in private: The Committee will decide whether to take item 4 in private. 2. Consideration of new petitions: The Committee will consider the following new petitions— PE1713 by Amy Lee Fraioli MSYP and Kit McCarthy MSYP on behalf of Scottish Youth Parliament on Ban the use of 'Mosquito Devices' in Scotland, and will take evidence from Kit McCarthy MSYP PE1711 by Stuart Callison on behalf of St Andrew's First Aid on First Aid Training for All Primary School Children in Scotland. 3. Consideration of continued petitions: The Committee will consider the following continued petitions— PE1652 by Irene Baillie on Abusive and threatening communication; PE1693 by Graeme Harvey on behalf of Lowland Canals Association on Independent Water Ombudsman; PE1701 by Nathan Sparling on Change the law to allow adoption for people over the age of 18; and PE1704 by Duncan MacGillivray on Improve targets and outcomes for autistic people in Scotland. 4. Consideration of a continued petition: The Committee will consider the following continued petition— The Committee will consider a draft report on petition PE1319 by William Smith and Scott Robertson on Improving youth football in Scotland. PPC/S5/18/19/A Sarah Robertson Clerk to the Public Petitions Committee Room T3.40 The Scottish Parliament Edinburgh Tel: 0131 348 5186 Email: [email protected] PPC/S5/18/19/A The papers for this meeting are as follows— Agenda item 2 PRIVATE PAPER PPC/S5/18/19/1 (P) Note by the Clerk PPC/S5/18/19/2 Note by the Clerk PPC/S5/18/19/3 Agenda item 3 Note by the Clerk PPC/S5/18/19/4 Note by the Clerk PPC/S5/18/19/5 Note by the Clerk PPC/S5/18/19/6 Note by the Clerk PPC/S5/18/19/7 Agenda item 4 PRIVATE PAPER PPC/S5/18/19/8 (P) PPC/S5/18/19/2 Public Petitions Committee 19th Meeting, 2018 (Session 5) Thursday 20 December 2018 PE1713: Ban the use of Mosquito devices in Scotland Note by the Clerk Petitioner Amy Lee Fraioli MSYP and Kit McCarthy MSYP on behalf of the Scottish Youth Parliament Petition Calling on the Scottish Parliament to urge the Scottish Government to summary ban outright the use of ‘mosquito devices’ in Scotland, in order to uphold children and young people’s rights. Webpage parliament.scot/GettingInvolved/Petitions/mosquito Introduction 1. This is a new petition that collected over 163 signatures and six comments in support. The Committee will take evidence from the petitioners at this meeting, and is invited to consider what action it wishes to take. Background 2. The website of Compound Security Systems (CSS), the manaufacturer of the Mosquito device, describes it as— “The Mosquito, MK4 otherwise known as an anti-loitering sound device, anti- teenager alarm, teenager repellent or ultrasonic teenage deterrent. Call it what you will, but it is essentially a low power device that makes a pulsing sound similar to an alarm clock. This sound is just out of the range of an adult’s hearing, which is why it only bothers people under the age of about 25. The sound is not loud or painful, just highly annoying after a short period of time. Over the 10 years since the Mosquito was launched, CSS have sold many many thousands of them worldwide and in 2017 it still continues to be the most effective and safe way to disperse groups of loitering teens from locations they are not welcome.” 3. The petition argues that the use of such devices is discriminatory and violates the rights of children and young people. 4. The petition highlights research published in January 2018. It reported on a survey, commissioned by the Scottish Government, to gather evidence on young people’s experiences and views of Mosquito devices. The findings are based on 725 responses (not necessarily representative of all young people in Scotland). The research report includes the following summary of findings— 1 PPC/S5/18/19/2 • Most of the young people surveyed had not heard of Mosquito devices prior to undertaking the survey. 15% of them had encountered one personally, and 85% had not encountered one • These devices appear to be found across Scotland and a wide range of locations. There were also some reports of devices in other parts of the UK and abroad • 41% of respondents experienced health effects or discomfort from encountering a device • 85% of respondents found the devices to be annoying • The devices have a limited impact in preventing respondents from gathering in a particular area. Respondents did not perceive the devices to be effective in deterring other young people from loitering • Respondents expressed a wide range of views about these devices, in addition to those mentioned already. Not all respondents were sure about how the devices made them feel or about their personal views on them. Some were positive, believing the devices made them safer through deterring anti-social behaviour. Others were negative – for example, some expressed that these devices are discriminatory and made them feel unwelcome in their communities. (p3) Scottiah Parliament and Scottish Government Action 5. In 2010, another petition (PE1367) was lodged on behalf of the Scottish Youth Parliament seeking a ban on the use of Mosquito devices. It was first considered by the Public Petitions Committee at its meeting on 29 October 2010. 6. The Committee considered a range of evidence, both written and oral, on that petition. The Scottish Government’s position at that time was summarised in a letter of 13 December 2012 from the then Minister for Children and Young People. 7. On 30 April 2013, the Committee decided to close the petition on the basis that the Scottish Government had set out why it did not intend to legislate at that time. 8. More recently, in response to a parliamentary question (S5O-01257), the then Minister for Community Saftey and Legal Affairs stated— “The Scottish Government is opposed to the use of Mosquito antiloitering devices. Their use is not consistent with our approach to tackling antisocial behaviour, and we note that the United Nations Committee on the Rights of 2 PPC/S5/18/19/2 the Child has expressed concerns over their use and children’s right to freedom of movement and peaceful assembly.”1 9. She added that— “I have written to all local authorities and to other public bodies including Transport Scotland, Police Scotland and the Convention of Scottish Local Authorities to emphasise the Government’s opposition to the use of Mosquito devices. I have asked for information on their policies on Mosquito devices and I await their replies. I am not unsympathetic to those who take the view that we should consider an outright ban on Mosquito devices, but at present, there are no reliable figures on how widespread use of the devices is in Scotland. To proceed successfully down a legislative route, we would need to show that legislation was justified as a proportionate response. We will continue to work on that and to ingather all the available information.” Conclusion 10. The Committee is invited to consider what action it wishes to take. Options include— • To write to the Scottish Government, Police Scotland and COSLA to seek their respective views on the action called for in the petition. • To take any other action the Committee considers appropriate. SPICe/Clerk to the Committee 1 Meeting of the Parliament, 20 September 2017. Official Report, col 6. 3 PE1713: Ban the use of ‘Mosquito Devices’ in Scotland Petitioner Amy Lee Fraioli MSYP and Kit McCarthy MSYP on behalf of Scottish Youth Parliament Date 6 December 2018 Lodged Petition Calling on the Scottish Parliament to urge the Scottish Government to summary ban outright the use of ‘mosquito devices’ in Scotland, in order to uphold children and young people’s rights. Previous Lodged a petition (PE1367) on this issue in 2010. action Have continued to raise concerns directly with the Scottish Government, MSPs and local councillors. Have also discussed this issue with the Children and Young People's Commissioner Scotland, and with ScotRail Background The use of mosquito devices as a method of dispersing groups of information children and young people continues in communities around Scotland. This is discriminatory and violates the rights of children and young people, particularly the right to peaceful assembly (also Articles 2, 3, 15, 19 and 31 of the United Nation Convention on the Rights of the Child and Articles 3, 8, 11 and 14 of the European Convention on Human Rights, protected by the Human Rights Act 1998 in the UK). Understanding the true prevalence of these devices can be difficult as public bodies are often not aware of their use by private businesses or properties. However, new research commissioned by the Scottish Government, the Scottish Youth Parliament and Young Scot, published in January 2018 (i), highlights that the devices were found at bus stations, outside shops, in town centres, outside schools and outside private residences in Scotland. Four out of ten young people experienced health effects or discomfort from encountering a device. The study also found the devices had a ‘limited impact’ in preventing young people from gathering with survey respondents saying they "did not perceive the devices to be effective" in deterring other young people from loitering. When the young people were asked to outline what physical and mental effects they experienced, 68% said they suffered headaches and migraines while 48% said they endured earache and tinnitus.
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