This item was published during the term of a previous administration that ended in April 2007
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Emergency Workers Bill passed
22/12/2004
The Parliament tonight passed the Emergency Workers
(Scotland) Bill.
The Bill makes assaulting, obstructing or hindering
someone providing an emergency service - or someone
assisting an emergency worker in an emergency situation - a
specific offence.
Public Service Reform Minister Tom McCabe said:
"People who deal with emergencies provide an invaluable
service to our society, and should be able to go about
their work without fear of attack or intimidation.
"That is why we brought forward this legislation. It is
absolutely crucial that the dedicated frontline staff who
deal with emergencies can carry out their jobs free from
assault, obstruction or hindrance.
"The Emergency Workers Bill will allow courts to deal
with such incidents as a specific offence carrying a
maximum penalty of nine months in jail, a fine of £5,000 -
or both. This new offence offers statutory protection to
workers responding to an emergency, and those assisting
them in doing so.
"It will allow courts to send out a powerful signal that
we will not tolerate anything which prevents emergency
workers going about their jobs.
"I was determined to ensure any legislation to tackle
this problem was as robust and effective as it could
be.
"That is why the Executive extended the protection
offered by the Bill to ensure the police, fire and
ambulance workers and medical staff in hospitals are
covered whenever they are on duty, as well as when they are
actually dealing with emergencies.
"These workers often face attack and are those who most
often deal with emergencies - and it was only right that
they should be given the most protection. An attack on any
one of these workers, even when they are undertaking their
more routine duties, can mean less capability to deal with
emergencies - putting lives at risk.
"I am extremely grateful to Justice Committee 1 for its
hard work and diligence in scrutinising this Bill.
"On this occasion, we have taken on board their views
and comments to achieve a focused, robust and workable
piece of legislation which will give our dedicated
emergency service workers the level of protection they
expect and deserve."
Emergency workers listed on the face of the Bill are
police, fire & ambulance staff and medical
practitioners, nurses & midwives in hospitals, as well
as coastguards, crews of both RNLI and non-RNLI rescue
vessels, social workers enforcing child protection orders
[or emergency protection authorisations], mental health
officers and prison officers responding to emergency
circumstances.
There is also a provision for an order-making power so
that Ministers can add more groups if necessary.
The maximum penalty under the Bill will be nine months
imprisonment, a fine of £5,000 or both. More serious
assaults will continue to be prosecuted under the common
law. The legislation is expected to come into force in
2005.