Landmark moment for child safety online as UK Government takes major step towards delivery of an Online Harms Bill
Dear Editor
Throughout the Coronavirus pandemic, online grooming crimes in Scotland were more that 30% higher when children were not at school compared with the same months last year.
The NSPCC has been calling for legislation to protect children from grooming, abuse and harmful content online, since 2017. After years of the charity campaigning, on December 15th, the UK Government announced the framework for a future Online Harms Bill that has the potential to provide much greater protection for children when they use the internet.
This is a landmark moment – a major step towards legislation that can make an enforceable legal Duty of Care on tech companies a reality. For too long children have been exposed to disgraceful abuse and harm online.
Social media companies will have a duty to protect young users from child abuse and harmful content online and face fines of up to £18million or 10% of their global turnover if they fail.
But that doesn’t mean that the work we do stops now. For instance, the proposals fall short of ensuring criminal sanctions against named directors whose companies fail to uphold their Duty of Care.
Child protection and children’s voices must remain front and centre of regulatory requirements. We have set out six tests for robust regulation – including action to tackle both online sexual abuse and harmful content and a regulator with the power to investigate and hold tech firms to account with criminal and financial sanctions. Failing to pass any of the six tests will mean that future generations of children will pay with serious avoidable harm and sexual abuse.
We will now be closely scrutinising the proposals against those tests. Above all, legislation must ensure Ofcom has the power and resources to enforce the Duty of Care and be able to identify and then take appropriate action against tech firms that fail.
For more information, search ‘NSPCC six tests’.
Joanna Barrett,
Policy and Public Affairs Manager for NSPCC Scotland
Regulations to restrict both the sale of fireworks and the times when they can be set off by the general public will be introduced for Parliament to consider in the new year.
Community Safety Minister Ash Denham announced the move as she published the Scottish Government’s response to the recommendations of an independent review group whose report was published last month.
Secondary legislation will be laid in Parliament in January which, if approved by MSPs, will place limits on both the volume and the time of day for consumer firework sales, as well when they may be set off – in time for next November’s bonfire night season.
The planned changes will apply to individuals who are buying or using fireworks for private displays, and will not apply to displays that are organised by professional firework organisers or operators.
Ms Denham said: “I am fully committed to bringing about positive change in the relationship Scotland has with fireworks. More than 16,400 people across Scotland responded to the consultation last year.
“This highlighted that fireworks can be good for communities when they are used at the right time, in right place and used responsibly.
“However, it is clear there is strong support for changing how fireworks are sold and used in Scotland, and the Review Group set out clear recommendations on what change is needed going forward. I hope the actions I have outlined reassure people that their voices have been heard and that legislation will be progressed as swiftly as possible to implement positive change.
“I fully agree with the Group that it will be important to understand the impact of these changes as they are implemented in practice, including on our emergency services, on businesses, on our communities as well as in relation to firework related injuries.”
Scotland’s largest construction trade association, SELECT, has welcomed a second consultation on regulation of the electrical industry which has been launched by the Scottish Government.
The consultation, lodged by Jamie Hepburn, the Minister for Business, Fair Work and Skills, is seeking views on “whether regulatory measures are required to give greater protection to the public and reduce the level of poor electrical workmanship by a persistent rogue trader element”.
SELECT Managing Director Alan Wilson said: “This is another great opportunity for the industry to take part and shape the future.
“It’s heartening to see that the Scottish Government believes that regulation of the sector is so important that it merits this further consultation.
“It’s an excellent chance for Scotland to lead the way and demonstrate that we are committed to safer and brighter future for the industry.”
Mr Halcro Johnston hopes his consultation will lead to a Member’s Bill ensuring that only properly qualified and experienced professionals can call themselves an electrician.
SELECT and the Scottish Joint Industry Board (SJIB) were among those who responded to the consultation, which received more than 140 submissions.
In her response, Fiona Harper, The Secretary of the SJIB, said: “Electricians frequently voice their concerns and frustration that individuals who have not met the established national and industry standards and are not qualified electricians are able to use the title of electrician.
“In what is such a highly-skilled and safety-critical occupation, this situation should be rectified and the title of electrician should be protected.”
In the SELECT submission, Mr Wilson said: “Our research suggests net benefits to Scotland from proper regulation of electricians of around £58million, including the benefits of higher electrical standards, such as fewer injuries and deaths, better functioning installations, less need for call backs or for poor/unsafe work to be repaired, leading to improved customer satisfaction.”
SELECT has been leading a long-running campaign with other leading industry bodies to make sure that those who work in the industry do so in a safe and competent manner.
The groundswell of support on its Wall of Support has seen more than 100 prominent parliamentarians, industry figures and representatives of trade associations and professional services bodies pledging their commitment.
The latest consultation can be completed here and closes on 12 February 2021.
The Scottish Parliament’s Economy, Energy and Fair Work Committee has published its report into legislation proposed by Labour MSP Neil Bibby to govern the relationship between tied pub tenants and pub-owning businesses.
The Tied Pubs (Scotland) Bill is being backed by CAMRA, the Campaign for Real Ale, which is calling on the Scottish Government and all parties in the Scottish Parliament to vote for the legislation when it is debated later this month.
Licensees in Scotland are currently exempt from regulations that are in place across the rest of Great Britain which stop large pub companies from taking more than is fair or sustainable from pub profits by forcing licensees to buy their beer from them rather than on the open market.
Responding to the publication of the Scottish Parliament Committee’s report, CAMRA Chairman Nik Antona said: “CAMRA is calling on Business Minister Jamie Hepburn and the Scottish Government to do the right thing and give their backing to the Tied Pubs Bill when it is debated later this month.
“This Bill will create, in law, a powerful pubs code to guarantee tied pub tenants are treated fairly and can earn a decent living.
“Scottish Government support for this legislation would be very warmly welcomed by both consumers and the licenced trade as a positive move to help pubs, publicans and pub-goers, after weeks and months of harsh restrictions which are devastating the industry.
“Just a few weeks ago Heineken’s pub arm, Star Pubs and Bars, were fined £2 million by England and Wales’ Pubs Code Adjudicator for serious and repeated breaches of the pubs code. But despite being headquartered in Edinburgh, their Scottish tenants don’t have similar protections to stop pub companies taking more than is fair or sustainable from tied licensees’ profits or make it harder to sell a range of locally-brewed products in their pubs.
“The Scottish Government must now take this opportunity to change the law so that tied pub tenants here have the same protections as those south of the border.”
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.”
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.”
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.”
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.”
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.”
