This item was published during the term of a previous administration that ended in April 2007
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Emergency Workers Bill published
23/03/2004
The Emergency Workers Bill, which would give emergency workers statutory protection, was published today.
The legislation will make it a specific offence to assault, obstruct or hinder an emergency worker or anyone helping an emergency worker in an emergency situation.
Minister for Finance and Public Services Andy Kerr said attacks on emergency service workers are completely unacceptable and will not be tolerated.
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.
Mr 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 has brought forward legislation to protect emergency workers while they do their jobs. Our message is clear: attacks on emergency workers will not be tolerated.
"We will also work with the STUC 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."
A consultation paper Protection for Emergency Workers was launched on December 8, 2003 and closed on February 6, 2004.
Steps have also 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 issued guidance to procurators fiscal, which 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.
Defined as emergency workers on the face of the Bill are police, fire, ambulance and coastguard services, lifeboat crews, prison officers, medical practitioners, nurses and midwives. 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.