Committee News Release

CJ1 003 2004

Thursday 23 September 2004

JUSTICE 1 COMMITTEE SUPPORTS THE EMERGENCY WORKERS (SCOTLAND) BILL

The Scottish Parliament's Justice 1 Committee has today published a report which supports the general principles of the Emergency Workers (Scotland) Bill.

The Executive's Bill aims to create a specific offence of attacking an emergency worker, or someone assisting an emergency worker, when responding to emergency circumstances, thus providing specific protection for emergency workers. The Bill, if passed, would also make special provision for health workers in hospital accident and emergency premises, with the effect that a state of emergency would be considered to exist at all times in such places.

The Justice 1 Committee's stage 1 report states that the Bill will add, at the margins, to existing common law and statutory provisions which protect emergency workers. However, the Committee stresses that it would expect significant changes to be made at Stage 2 to ensure the effectiveness of the Bill. The Committee will take evidence at Stage 2 to aid this process.

Convener of the Committee, Pauline McNeill, said:

"We value the work undertaken by emergency workers and believe that they should be protected whilst delivering vital services. However, the Committee has received conflicting evidence in relation to the Bill which has made it almost impossible to establish what difference this legislation will make.

“Following our detailed scrutiny of evidence received, and our own analysis of that evidence, the Committee has concluded that the Bill will add, at the margins, to existing protection available to emergency workers. However, we have concerns about how this legislation will operate in practice and will take further evidence at stage 2 before considering how to amend the Bill to increase its effectiveness.

“The Committee considers it essential that the Bill forms part of a wider package of measures, including a sustained campaign of public awareness and education. The purpose of this should be to promote respect for the importance and value of the work undertaken by emergency workers and public services workers more generally."

The Committee supports the policy intentions of the Bill but has many questions about how the legislation will work in practice. The Committee was particularly concerned about the following:

•  It received conflicting evidence which made it extremely difficult to reach a conclusion on the general principles of the Bill.

•  The Committee was very concerned about the information accompanying the Bill and the lack of clarity in the policy memorandum.

•  Statistical data made available to the Committee to support the policy intentions of the Bill was limited and inconsistent.

•  The Committee does not want offences to be downgraded from solemn (sheriff and jury) to summary proceedings (sheriff only) just because the Bill would allow a higher sentence (up to nine months) in summary court. Higher sentences can be, and have been, passed for offences against emergency workers tried under solemn procedure.

•  Recent guidance from the Lord Advocate states that incidents involving attacks on public service workers and others providing a service to the public should be taken seriously and that the locus and the fact that the person is providing a service to the public are both aggravating factors which should be borne in mind by prosecutors in deciding the appropriate forum for the case. The Committee received evidence that this guidance is having a positive impact on how such cases are prosecuted and believes that the Executive should assess the impact of this guidance.

•  The Committee acknowledges that, due to the more complex evidential requirements for the Crown to prove an offence under the Bill than a common law offence of assault, there may potentially be a loss of flexibility for prosecutors.

Background

In considering the Bill, the Committee received 37 written submissions, took oral evidence from 21 organisations and individuals.

Margaret Mitchell MSP has dissented from the Committee's report in relation to the conclusion that the Committee supports the Bill (see paragraphs 110 and 218 of the report).

For further information, the media contact is:

Richard Holligan Tel: 0131 348 6269
RNID TypeTalk calls welcome
email: richard.holligan@scottish.parliament.uk

For specific committee information, contact:
Douglas Wands: 0131 348 5320
Email: douglas.wands@scottish.parliament.uk

For general enquiries, contact: 0845 278 1999 (local call rate)
Text phone: 0131 348 3415 RNID Typetalk calls welcome on 018001
email: sp.info@scottish.parliament.uk
Visit our website at: www.scottish.parliament.uk