Civic Government (Scotland) Bill [Lords] (Hansard, 28 July 1982)

§ Mr. Dewar
Amendment No. 118 states that there shall be certain occasions when the operation of a loudspeaker shall not be caught, or potentially caught, by the new offence that we have just created. I suppose that I am displaying a nasty, narrow, vested interest, but the obvious comment is that political loudspeakers are riot included. Perhaps the Minister will reply to that point. Perhaps political loudspeakers are controlled in other ways. There was some discussion in Committee, but the Minister should cover the ground again.
The Solicitor-General should also deal with the exemption from possible prosecution under the new offence in clause 54 for travelling showmen on land where the loudspeaker is being used to advertise a pleasure fair. That seems an extraordinary exemption. I am not sure in what category a travelling showman on water would be. It is a curiously drafted phrase. Possibly travelling showmen on land are covered by other legislation, but I should like a comment from the Minister on that.

§ The Solicitor-General for Scotland
I apologise for the fact that in trying to proceed quickly I did not clarify amendment No. 118, which is linked to amendment No. 117. They are designed to clarify the relationship between clause 54 and section 62 of the Control of Pollution Act 1974. The hon. Gentleman may recall that we strayed into that statute in Committee. Amendment No. 117 makes it clear that clause 54 does not affect the offences of operating a loudspeaker in the streets at certain times, as laid down in section 62 of the Act and, conversely, that even where the use of the loudspeaker is not an offence under section 62, it will be caught under clause 54 if it gives reasonable cause for annoyance and the person refuses to desist.
Amendment No. 118 is identical to section 62(2) of the 1974 Act, which exempts from clause 54 the operation of loudspeakers for various public service purposes, such as fire, police or ambulance.
The hon. Gentleman asked for my views on subsection (2)(f), which relates to travelling showmen on land. In the interest of brevity I refer him to section 62(2)(f), where he will find that a similar exemption is provided in identical terms.

§ Mr. Gordon Wilson
Is there to be an exemption for the use of loudspeakers for political purposes during elections, or will that category be caught under the Bill and a restriction created that did not exist hitherto?

§ The Solicitor-General for Scotland
There is no specific exemption relating to the use of a loudspeaker during a political campaign. The absolute use of a loudspeaker is not being limited. The provision is intended to cover occasions when its use has reached such a stage and the manner is such that it causes annoyance. Although emotions run higher during election campaigns than normally, the decision to prosecute for misuse of a louspeaker is left to the good judgment of the police.