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Emergency workers Act extended
10/12/2007
Regulations will be laid before the Scottish Parliament today extending the Emergency Workers Act.
Although the Act currently provides legal protection to ambulance workers, doctors, nurses and midwives working in a hospital or responding to an emergency it does not cover GPs, other doctors, nurses or midwives working in the community, unless they are responding to an emergency.
Minister for Public Health Shona Robison said:
"We made a commitment to extend the Emergency Workers Act to enhance the protection provided to NHS staff and extend it to GPs, other doctors, nurses and midwives working in the community.
"We owe our NHS staff a huge debt of gratitude for the work they do on a daily basis sometimes in challenging circumstances.
"Sadly there are a mindless minority who think it is acceptable to abuse and attack health workers ignoring the vital service they provide and the terrible impact this kind of behaviour can have on staff morale.
"The brutal knife attack on a GP in her surgery in Glasgow back in August was a shocking incident and highlighted that health workers working in the community are vulnerable.
"The Emergency Workers Act passed by the Scottish Parliament in 2005 was an important step forward in giving NHS workers greater legal protection. But it doesn't go far enough.
"It covers doctors, nurses and midwives only when they are on duty in an NHS hospital or responding to an emergency.
"GPs, community nurses and community midwives are excluded.
"This extension to the Emergency Workers Act will provide additional protection for GPs, nurses and midwives working in the community.
"I will lay before Parliament the regulations necessary to extend the Emergency Workers Act to doctors, nurses and midwives whenever and wherever they are on duty."
Q&A
What is the current scope of the Emergency Workers Act?
The Emergency Workers Act makes it a specific statutory offence to assault, obstruct or hinder emergency workers (and those assisting them) when they are responding to emergency situations.
What protection does it specifically offer health workers?
It currently provides legal protection to doctors, nurses and midwives working in a hospital, and anywhere else, whenever they are responding to an emergency. The Act also provides protection to ambulance workers whenever they are on duty. The Act does not therefore currently protect GPs, other doctors, nurses and midwives working in the community, unless they are responding to an emergency.
When might a prosecution be brought under the Act?
The Act is restricted to summary cases - i.e. less serious cases. The initial stimulus for the Act was a perception that more serious cases affecting emergency workers (such as the recent stabbing of a Glasgow GP) were effectively handled by the criminal justice system but less serious cases were sometimes overlooked - hence the focus of the Act on summary cases.
What is the maximum sentence?
The maximum penalty is 9 months and a #5,000 fine or both. This will be increased to 12 months and #10,000 by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (matching that Act's general increase in the sentencing powers of the summary courts for common law offences) from Monday 10 December.
How many prosecutions have been made under the Act?
The first prosecution under the Act (a six month jail sentence) was reported in the press on 15 June 2005. The most recent figures we have (to 27 July 2007) indicate that 1001 charges have been laid under the Act.
What about more serious assaults on emergency workers?
Serious assaults are outside the scope of the Act and it would require primary legislation to extend it to include them. However, such incidents are dealt with effectively by other existing laws, with the possibility of anything up to life imprisonment for a conviction for assault.