BILL Fleming, who made millions by selling his Smiley tyre and exhaust centre chain but was then ruined by the collapse of his subsequent Tower Bookshops venture, plans a campaign to change ''evil'' bankruptcy laws.

Fleming, discharged from bankruptcy in July, believes the effective three-year ban on personally bankrupt entrepreneurs starting new businesses stifles enterprise.

The strong words yesterday from one of Scotland's best-known entrepreneurs follow comments last week by Jack Harding, chief executive of US software tools developer Cadence, that there is too much of a stigma attached to failure in Scotland.

Fleming, who hopes to garner support from key business people and organisations and from individuals who have suffered a similar experience, said: ''Most people that go bankrupt go bankrupt through a combination of poor judgment and bad luck. They are bankrupt for three years - it doesn't matter whose fault it was.

''It means they can't run a business for three years. We have people who have spent all their lives running businesses - that is how they earn their living - effectively barred from doing so.''

He added: ''Here is somebody who is down, who has tried, who has been enterprising and entrepreneurial (but) who has failed. While they are down, they get kicked for three years.''

He pointed out that Minnesota candy-maker Frank Mars, a driving force behind the creation of mighty US confectionery manufacturer Mars Corporation, had been bankrupt more than once.

''If he had been bankrupt over here, there would never have been a Mars Corporation,'' said Fleming, who at 54 is looking to start another new business.

Highlighting his intention to lobby politicians, he added: ''I hope, with some support, to launch a campaign to have them (bankruptcy laws) changed, especially with the advent of the Scottish Parliament. If we can't change them in the UK, at least change them in Scotland.''

Before Tower Bookshops ran into trouble, Fleming chaired the steering committee from which Scotland's Entrepreneurial Exchange emerged with the support of Scottish Enterprise in 1994. He is involved again with the exchange as an honorary member.

Fleming acknowledged that some people became bankrupt because they had been involved in fraud but was satisfied other existing legislation was sufficient to deal with such ''crooks''.

He said of the US situation: ''Provided you haven't done anything fraudulent or illegal, and your creditors agree you haven't, then you are discharged.

''Some people may kick you in the butt. Other people may pat you on the back and say, 'Have another shot.'''

Commenting on his experience of UK legislation, which used to freeze out bankrupts for seven years, Fleming said: ''You are simply not allowed to take any executive or managerial role of any responsibility for three years, which seems daft. You can be the managing director of a huge limited liability company that goes into liquidation owing millions (and) there is nothing to stop you starting again in the next five minutes.''

Fleming founded the Smiley chain, similar in concept to Tom Farmer's Kwik-Fit, in 1970. He disposed of a third of the business to Continental in 1989 for #3.25m and sold out fully to the German tyre-maker three years later.

With Tower Bookshops he wanted to challenge the price-fixing that flowed from the Net Book Agreement, but he quickly ran into problems with the Publishers Association. Tower had outlets at Paisley, Newton Mearns, and at Union Street in Glasgow.

Fleming bought Barncluith, a sixteenth century house and gardens on the edge of the Chatelherault country park in Hamilton, when he sold out of Smiley. He now lives in Fenwick in Ayrshire.

But his pension survived in spite of his bankruptcy.

Fleming, who is currently doing consultancy work for Scottish firms and has other non-executive roles, said: ''I was the fortunate one. One of the wise decisions I made at the time, in a sea of unwise decisions, was to set up a pension fund which survived the whole thing.''