This item was published during the term of a previous administration that ended in April 2007
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Legislation to protect emergency workers
08/12/2003
A consultation on proposed legislation which would give
our emergency workers statutory protection was launched
today.
The proposed legislation would make it
an offence to assault, obstruct or hinder emergency workers
or anyone helping them in an emergency situation. It would
also apply to hoax emergency calls.
The Executive will also work with trades unions and
other stakeholders to bring forward a wider package of
measures to underline that attacks on public service and
other workers are totally unacceptable. This is likely to
include increased use of CCTV, partnership working,
training and awareness and educational campaigns.
Finance Minister Andy Kerr said:
"Attacks on emergency workers are completely
unacceptable. People working in emergency situations need
to be able to go about their work without fear.
"The dedication of emergency workers saves countless
lives in Scotland every year. Attacks on staff are putting
those lives at risk.
"That is why the Executive is committed to bringing
forward legislation to protect emergency workers while they
do their jobs. Our message is clear: attacks on emergency
workers will not be tolerated.
"I have met with various trades unions and the STUC to
discuss this important issue. We have listened to their
views and we have acted.
"We will also work them to bring forward a wider package
of measures to underline that attacks on public service and
other workers are totally unacceptable. This is likely to
include increased use of CCTV, partnership working,
training and awareness and educational campaigns.
"We are now seeking views on the detail of the
legislation."
Welcoming the consultation exercise, Bill Speirs, STUC
General Secretary, said:
"No-one should have to work in fear of violence - and
violence against those working in emergency situations, on
whom we all rely, cannot be tolerated.
"We warmly welcome the Executive's commitment to tackle
this issue, both through legislation and a wider package of
measures designed to prevent attacks on those who serve the
public.
"We are very pleased that we have had a number of
opportunities to discuss this matter with Ministers, and
will now use the consultation exercise to ensure that the
Executive's commitment is implemented to best effect."
In the Partnership Agreement, A Partnership for a Better
Scotland, the Executive made a pledge to reduce crime and
combat the anti-social behaviour that threatens our
communities. An important part of this was the Executive's
commitment to protect emergency workers from assault and
obstruction. Over the summer, the Executive held a number
of meetings with trade unions and professional bodies to
discuss the best way to achieve this goal.
Steps have been taken recently to reinforce protection
of public service workers under the common law, following a
debate in the Parliament in February 2003. The Lord
Advocate has issued guidance to procurators fiscal, which
has underlined that such attacks should be treated very
seriously, The fact that a worker is assaulted whilst
providing a service to the public is treated as an
aggravating factor to be taken into account in deciding
whether to prosecute in the summary court or on
indictment.
In the past, because of the unusual demands and
circumstances of their work, specific provisions have been
made in statute law covering assault on, or obstruction of
police officers. The Executive proposes to include new
provisions extending equivalent protection to fire-fighters
in the Fire Services Bill to be introduced to the Scottish
Parliament next year.
The Executive believes that the particular demands of
working in emergency situations justify the extension of a
level of protection in these situations equivalent to that
offered by the Police (Scotland) Act to emergency workers
and anyone assisting them. As well as the special position
of the emergency services, the Executive also recognises
that, in the immediacy of an emergency situation, it may
not be just members of these services who respond but that
they may be assisted by others caught up in that situation.
The Executive therefore proposes to cover not only
emergency workers but any person assisting them in
emergency situations.
The Executive therefore proposes to bring forward
legislation to give statutory protection for emergency
workers and other persons assisting them in emergency
situations in line with the Police (Scotland) Act, with the
same maximum penalty on summary conviction. The Executive
seek views on the proposal to introduce legislation which
would make it an offence to assault, obstruct or hinder
emergency workers (or any person assisting an emergency
worker) in an emergency situation, which groups of
emergency workers should be covered and how an emergency
situation might best be defined.