By Bruce Fegen

SCOTLAND’S LEADING campaigner for a change in legislation to make it easier to prosecute shopkeepers who sell lighter fuel to under-age children has demanded that the Lord Advocate acts now or quits.

John O’Brien from Methil, whose 16-year-old son Lee died two years ago after sniffing butane gas, hit out after it was revealed that almost half of Fife shop- keepers visited in an undercover operation willingly sold fuel to youngsters.

Out of 61 shops visited by a team of teenage volunteers as part of a Trading Standards operation approved by the Scottish Executive to assess the extent of the problem, 30 sold fuel.

None of the rogue retailers, which included a major supermarket, will be prosecuted as a result of the test purchases, because such actions are looked upon as entrapment in Scotland.

The system is, however, legal in England and Mr O’Brien, who set up the Lee O’Brien Solvent Trust (LOST) following his son’s death and condemned the Fife test results as “shocking,” said a change in the law is needed here now.

Mr O’Brien, who has just seen LOST awarded charitable status, said, “It’s high time the Lord Advocate Colin Boyd allowed this in Scotland because it is very successful south of the Border, and if it is good enough to save lives there, it should be good enough here.

“I really think it is important that the Lord Advocate brings us out of the Dark Ages with respect to this. If not, he should move aside and let someone else in who will.”

The result of the Fife tests dismayed Councillor Andrew Keddie, who chairs the community safety committee, and he backed the call to bring Scotland into line with England.

He said, “The shopkeepers were warned in advance and that makes the exercise very disappointing indeed. We view this very seriously and I would agree with John O’Brien that something needs to be done.

“Some shopkeepers are being very irresponsible. The Lord Advocate wants to avoid entrapment, but we feel if we could do it for alcohol, tobacco and solvents, it would be better.”

Mr Keddie added, “It doesn’t need major change, just for councils to have the power to make test purchases.”

Mr O’Brien said, “We really need to be more modern in our approach to this. If the English law applied here, it would help improve our society and communities.

“If shopkeepers knew that the next youngster to come in and try to make a purchase of lighter fuel was a bid to catch them out, they would think twice.”

Mr O’Brien threw himself into campaigning for a change in legislation after Lee died in January, 2002. Along with family and friends, and backed by local politicians, he gathered more than 15,000 names on a petition which was presented to the Scottish Parliament and 10 Downing Street. The paper mill worker’s campaign was given a major boost when he was invited to meet the Queen.