Swinney open to changing taxi rules after rapist driver allowed to keep licence

John Swinney has said he is open to changing the law to bar sex offenders from being able to work as taxi drivers.

It follows outrage over a decision in the Highlands by six male councillors to allow a taxi driver convicted of raping a teenage girl to keep two operator licences.

It has been reported that David Brown, who was jailed in May for seven years after raping an 18-year-old in a lay-by in December 2023, chose to surrender his licences voluntarily.

During First Minister’s Questions on Tuesday, Liberal Democrat MSP Morven-May MacCallum, who is also a Highland councillor, urged Swinney to change the rules to ensure sex offenders are not allowed to work as taxi drivers.

She said: “Last week, Highland Council passed a motion of no confidence against male councillors who voted to allow a convicted rapist to keep his taxi licence.

“Regardless of these men’s decision, the taxi driver should never be given the opportunity to retain his taxi licence in the first place.

“Can the First Minister commit today to reviewing Scotland’s licensing laws and bring forward legislation to bar convicted sex offenders from holding taxi licences?

“If we are to encourage women to use taxis as a safe means of transport, then we need to ensure that we are doing all we can to ensure that they are safe.”

Swinney said he agreed “unreservedly” with Ms MacCallum over the handling of the licences at Highland Council.

He said there should “never have been any question when a licensing decision was being taken on a case of this nature to continue the licence”, adding: “I agree wholeheartedly on that question.”

He said: “The issue she raises, of course, gets to the heart of the division of responsibility or the degree of flexibility that is exercised by licensing authorities at local level.

“There is licensing legislation presided over by this Parliament, which leaves substantial discretion to local licensing authorities.

“I am very open to the point that she raises as being an issue that should be considered in an amendment to the licensing legislation.

“But I simply make the point that Parliament has to determine the degree of discretion that it leaves to local licensing authorities.

“It is very similar to the debates that we have often about the degree of flexibility that should be exercised at local level.

“But of course, we will consider the point that Ms MacCallum has put to me today.”

It has been reported that four of the councillors resigned from the Highland licensing committee while another also quit the council.