Tag: legislation

Scotland set for new law on physical punishment

A new law giving children equal protection from assault comes into force in Scotland on Saturday.

Children in Scotland will have the same protection from assault as adults when the Children (Equal Protection from Assault) Act 2019 legislation comes in to force on Saturday (7 November 2020).

NSPCC Scotland, alongside other organisations from civic society and families across Scotland, campaigned for many years to make this happen. They called for an archaic defence, which allowed adults charged with assaulting a child to claim ‘reasonable chastisement’ or ‘justifiable assault’, to be removed from Scots law. 

Joanna Barrett, NSPCC Scotland policy and public affairs officer, said: “This new law, finally gives children in Scotland their rightful protection against assault and the same safeguards as adults.

“By making this common sense move to get rid of the outdated defence of ‘justifiable assault’, we will be joining more than 50 other countries around the world in taking measures to protect the most vulnerable members of society.

“This law sets out in clear terms that physical punishment should no longer be part of childhood in Scotland and it marks a momentous step in making it a country where children’s rights are truly recognised, respected and fulfilled.”

The Children (Equal Protection from Assault) (Scotland) Act 2019 removes the outdated defence of “reasonable chastisement” from the physical assault of children, giving them the same legal protections everyone else already has.

The legislation, brought forward by John Finnie MSP and supported by Scottish Ministers, was passed by the Scottish Parliament in October 2019. 

Children’s Minister Maree Todd said: “I’m very pleased that Scotland has become the first part of the UK to legislate to ensure that children, without exception, have the same protection from assault as adults.

“This outdated defence has no place in a modern Scotland. It can never be reasonable to strike a child. The removal of this defence reaffirms that we want this country to be the best place in the world for children to grow up so that they feel loved, safe, respected and can realise their full potential.

“We have worked in partnership with organisations including children’s charities, Social Work Scotland and Police Scotland on implementation of this Act. As part of this, we will continue to promote positive parenting and build on the support we already offer to children and families.”

Equal Protection from Assault (Scotland) Act

Usdaw welcomes Bill progress

Retail trade union Usdaw welcomes today’s Scottish Parliament stage one unanimous vote for a new law to protect shop workers from abuse, allowing the Bill to go to detailed scrutiny in committee.

The Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill is promoted by Daniel Johnson MSP.

Stewart Forrest, Usdaw’s Scottish Divisional Officer, said: “We are delighted that MSPs have recognised that retail workers are subjected to unacceptable violence, threats and aggression every working day.

“We welcome the support of MSPs across the parties and of the Scottish Government. We congratulate Daniel Johnson MSP for the work he has done on behalf of our members and retail workers across Scotland by introducing this Bill and driving it forwards.

“Throughout the coronavirus emergency shop workers are ensuring that Scotland remains fed. Retail staff are at an increased risk of contracting Covid-19, yet they have continued to go to work and help respond to the crisis. Despite this, we have seen abuse, threats and violence against shop staff double this year.

“However abuse of shop workers is a problem in more normal times and, in our view, the current legal provisions do not sufficiently protect them. The Scottish Parliament’s support for the intentions of the Bill is welcome and we hope MSPs will continue to back it through the remaining stages.”

Paddy Lillis, Usdaw General Secretary says: “The Scottish Parliament is leading the way on protection of shopworkers by passing this Bill onto the next stage.

“At a time when we should all be working together to get through this crisis, it is a disgrace that people working to keep food on the shelves are being abused and assaulted. Action is required. Our message is clear, abuse is not part of the job.

“Retail staff are key workers delivering essential services and that role must be valued and respected, they deserve the protection of the law. Shops are the cornerstone of our communities and we continue to work with the employers to improve health and safety for staff. We also call on customers to stay calm and respect shopworkers.”

Usdaw welcomes support for new law to protect shopworkers from violence and abuse

Retail trade union Usdaw has welcomed the support of MSPs across the parties and the Scottish Government for a new law to protect shop workers from abuse, ahead of the stage one debate in the Scottish Parliament next Thursday (24 September).

Usdaw calls on MSPs to back the bill and for the Scottish Government to help it through the remaining stages before next year’s general election.

The Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill is promoted by Daniel Johnson MSP (Labour, Edinburgh Southern) and the Scottish Parliament’s Economy, Energy and Fair Work Committee unanimously passed it to the next stage on 30 June.

Stewart Forrest, Usdaw’s Scottish Divisional Officer, says: “We welcome MSPs and the Scottish Government recognising that retail workers are subject to unacceptable violence, threats and aggression every working day.

“Also understanding that age-restricted sales is a major flashpoint, where shopworkers are at risk because they enforce the law to help keep our communities safe.

“In particular, we need to recognise the work that Daniel Johnson MSP has done on behalf of our members and retail workers across Scotland by introducing this Bill and driving it forwards.

“Throughout the coronavirus emergency shop workers are ensuring that Scotland remains fed. Retail staff are at an increased risk of contracting Covid-19, yet they have continued to go to work and help respond to the crisis. Despite this, we have seen abuse, threats and violence against shop staff double this year.

“However abuse of shop workers is a problem in more normal times and, in our view, the current legal provisions do not sufficiently protect them. The Scottish Government’s support for the intentions of the Bill is welcome and we hope they will assist in securing a change in the law to better protect shopworkers before next year’s election.”

Paddy Lillis, Usdaw General Secretary, says: “We hope the Scottish Parliament will lead the way on protection of shopworkers by passing this Bill. At a time when we should all be working together to get through this crisis, it is a disgrace that people working to keep food on the shelves are being abused and assaulted. Action is required. Our message is clear: abuse is not part of the job.

“Retail staff are key workers delivering essential services and that role must be valued and respected, they deserve the protection of the law. Shops are the cornerstone of our communities and we continue to work with the employers to improve health and safety for staff. We also call on customers to stay calm and respect shopworkers.”

NSPCC calls on government to ‘Close the Loophole’

  • Currently sports coaches, faith leaders, and cadet leaders are legally allowed to have sex with 16 and 17-year olds in their care
  • Survivor bravely recalls experiences in a letter to the Lord Chancellor as review into the positions of trust law is due to be released
  • Thousands of people, MPs and national organisations have thrown their weight behind NSPCC’s Close the Loophole campaign

A woman who was manipulated into having sex with her swimming coach when she turned 16 has urged the UK Ministry of Justice to extend the law to protect teenagers from predatory behaviour by those in a position of trust. 

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Holyrood support for shop workers

The Economy, Energy and Fair Work Committee yesterday announced its unanimous support for the general principles of the ‘Protection of Workers Bill’ after it published its Stage One report on the bill.

The Bill, which seeks to increase protection for retail workers, was introduced by Daniel Johnson MSP.

While taking evidence the Committee heard compelling stories of the unacceptable violence, threats and aggression that retail workers are subject to. The Committee was told that workers who sell age restricted goods have a special role in upholding the law and this can sometimes trigger violence and abuse.

The Committee was also concerned to hear that shop workers do not always report these crimes. Some workers think it is a normal part of their job or believe that it will not be taken seriously by their employer or the police.

The Committee heard that there needs to be greater awareness of the scale and seriousness of these crimes among members of the public, retail staff, retail employers and the police.

 Committee Convener Michelle Ballantyne MSP said: “Retail workers have always played a key role in Scotland’s communities; however, the role that they have played over the last few months has been phenomenal.

More than 375,000 people in Scotland work in the retail sector and all of them deserve our thanks. They have been at the heart of members’ consideration of this bill. 

“The abuse that retail workers face every day just for doing their jobs is completely unacceptable. Each incident is one too many and the Committee welcomes the bill’s aim to provide greater protection, especially where retail workers are enforcing age restrictions. Abuse must be taken seriously and crimes must be reported to ensure that these matters are given the priority they deserve.”

While approving the general principles, the Committee has invited Daniel Johnson MSP to work proactively with the Scottish Government to help address reservations that the Committee has with regards to the legislation. 

Michelle Ballantyne MSP added: “The abuse of retail workers is clearly a problem and it needs to be addressed. That is why we are supportng the general principles of the bill today.

However we are also clear that this bill is far from the finished article. Work needs to be done to ensure that the bill increases protection for retail workers in a clear enforceable way.

“I look forward to the Member working with the Scottish Government before the Committee considers the bill at Stage Two.”

Shopworkers’ trade union Usdaw has welcomed the Scottish Parliament’s Economy, Energy and Fair Work Committee unanimously passing to the next stage the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, promoted by Daniel Johnson MSP (Labour, Edinburgh Southern).

Usdaw calls for MSPs to support the measure when it is debated at stage 2.

Stewart Forrest, Usdaw’s Scottish Divisional Officer, said: “We thank the all-party committee for their diligence, unanimous approval of the general principles of the Bill and recognition that retail workers are subject to unacceptable violence, threats and aggression every working day.

“Also their understanding that age-restricted sales is a major flashpoint, where shopworkers are at risk because they enforce the law to help keep our communities safe.

“Throughout the coronavirus emergency shopworkers are ensuring that Scotland remains fed. Shopworkers are at an increased risk of contracting Covid-19, yet they have continued to go to work and help respond to the crisis. Despite this, we have seen abuse, threats and violence against shop staff double this year.

“However abuse of shopworkers is a problem in more normal times and, in our view, the current legal provisions do not sufficiently protect them. The Scottish Government has indicated they too support the intentions of the Bill and will engage in the details of it. We hope that will lead to a change in the law to better protect shopworkers.”

Paddy Lillis, Usdaw General Secretary, said: “This is very welcome news and we hope it will result in the Scottish Parliament leading the way on protection of shopworkers, as they did with emergency service workers, and pass this Bill.

“At a time when we should all be working together to get through this crisis, it is a disgrace that people working to keep food on the shelves are being abused and assaulted. Action is required. Our message is clear, abuse is not part of the job.

“Retail staff are key workers delivering essential services and that role must be valued and respected, they deserve the protection of the law. Shops are the cornerstone of our communities and we continue to work with the employers to improve health and safety for staff. We also call on customers to stay calm and respect shopworkers.”

Justice Committee stresses new laws on family breakdowns must be properly funded

The Scottish Parliament’s Justice Committee is backing Scottish Government plans to change the law on deciding parent-child contact in family breakdown cases – but warns that it may make little practical difference to the lives of children unless it is properly resourced.

The Children (Scotland) Bill was introduced by the Scottish Government in order to ensure the voices of all children (in particular those under 12) are heard in family law cases, give further protections to the victims of domestic abuse in such legal disputes, and to change a range of rules around how family breakdowns are handled by authorities, from contact centres to the legal profession.

The Committee supports these aims but has suggested a number of potential areas in which the Bill could be improved to support taking children’s views into account. These would go beyond simply removing from the statute books the current arbitrary presumption that 12 years old is the point at which a child can express their opinion.

Importantly, the infrastructure to take children’s views needs to be strengthened. Specific skills and more creative methods are crucial, particularly when dealing with younger children. And if this law is to have a positive impact, then appropriate facilities and practitioners need to be in place across Scotland to ensure that all children who wish to express their views can do so.

Speaking as the Committee’s report was published, Justice Committee Convener, Margaret Mitchell MSP, said: “The Committee is persuaded that children’s interests are best served when they are afforded the opportunity to make their views and feelings known to authorities deciding upon their future family situation.

While members are backing the Bill at this stage they are acutely aware that the law on paper will not change the reality for children and families unless it is properly resourced, and practices change. At present, the Committee has concerns around the lack of resources accompanying the Bill, and the facilities we currently have in Scotland. Unless these change, the new law may make little practical difference to the lives of families.

“Of course, any implementation of these changes may have to wait until the current response to the Covid-19 outbreak has passed, but we look forward to working with the Government to strengthen the Bill in the months ahead to ensure its laudable aims can be met in reality.”

Extra protection for tenants

Private and social tenants will be given increased protection from eviction during the coronavirus pandemic.

Emergency legislation will increase the minimum notice period for private and social tenants to up to six months depending on the grounds used, helping to protect them from eviction.

The Coronavirus (Scotland) Bill, to be introduced to the Scottish Parliament on 31 March, will contain substantial further powers and measures to ensure essential public services can continue throughout the coronavirus outbreak.

Constitution Secretary Michael Russell said: “Our lives are being affected as we all play our part in trying to slow the spread of coronavirus and follow the essential public health advice to stay at home.

“For some households and businesses there will be financial difficulties ahead and that could include struggling to pay the rent.

“While all tenants experiencing issues with rent arrears should firstly explain their circumstances to their landlords, this new emergency legislation will provide an important backstop to prevent evictions and relieve the financial pressure people may be facing.

“We are also encouraging all landlords to be as flexible as possible during this unprecedented time and would urge them to also seek assistance if necessary by speaking to their lenders about mortgage breaks.

“This bill will provide substantial additional emergency powers to help the justice system, public services and the economy to cope. These measures, which will be strictly limited to the duration of the outbreak, are absolutely necessary to help us all through the coming months.

“The Scottish Government welcomes the very positive all-party discussions that have allowed this legislation to be drafted so quickly. These new measures will help us all as we work to tackle the virus.”

SNP MSP Gordon MacDonald has welcomed the Scottish Government announcement that private and social tenants in Edinburgh are to be given increased protection from eviction during the coronavirus pandemic.

Emergency legislation will increase the minimum notice period for private and social tenants to up to six months depending on the grounds used, helping to protect them from eviction.

The Coronavirus (Scotland) Bill, which contains substantial further powers and measures to ensure essential public services can continue throughout the coronavirus outbreak, will be introduced in the Scottish Parliament tomorrow (Tuesday).

SNP MSP Gordon MacDonald said: “We must all work together to meet this challenge, which is why measures to prevent evictions and relieve some of the financial pressure people in Edinburgh may be facing due to the coronavirus crisis are welcome. 

“The Scottish Government has also encouraged all landlords to be as flexible as possible during this unprecedented time, and I would urge them to also seek assistance if necessary by speaking to their lenders about mortgage breaks.

“No-one should face losing their home as a result of this coronavirus pandemic. The move to ban evictions during this crisis will bring security to people’s lives when they need it most.”

MSPs support UK Coronavirus Bill

The Scottish Parliament has backed measures contained in UK emergency legislation that will help strengthen Scotland’s response to coronavirus (COVID-19).

The UK Coronavirus Bill, which was introduced to the House of Commons on 19 March, includes new reserved and devolved laws that will help to slow the spread of the virus.

New measures include:

• bringing more health professionals and social workers into the workforce
• relaxing regulations to ease the burden on frontline staff
• enhanced public health measures designed to contain the virus or slow its spread
• collecting necessary information to enable monitoring of disruption to food supply chains

The bill includes new powers that will enable authorities to cancel events and close premises, and to allow the police to compel potentially infectious people to undergo COVID-19 screening and assessment.

These new emergency powers cover a two-year period that can be extended if necessary and will only be used if required.

The Scottish Government has confirmed that it will use powers within the Bill to ensure that action to implement social distancing and impose restrictions on gatherings, events and operation of business activity can be enforced.

Constitution Secretary Michael Russell said: “This new emergency legislation will help to save lives as we face this unprecedented crisis.

“It is only because of the extraordinary public health challenge confronting us, as a result of the global pandemic, that these measures have had to be considered.

“These are emergency powers that will be in force temporarily and only used if required.

“I am grateful that the Scottish Parliament supported the bill and we are committed to reporting on how and when the emergency powers included in the Bill have been used.”

In addition to the UK ‘four nations’ Bill, the Scottish Government will also bring forward emergency Coronavirus legislation to the Scottish Parliament soon.

The Coronavirus Bill can be viewed on the UK Parliament website.