Tag: legislation

Fireworks and Pyrotechnics Bill: Consultation launched on legislation to improve safety

A consultation on new legislation on the sale and use of fireworks and tackling the misuse of pyrotechnics has been published.

The proposed Fireworks and Pyrotechnics Bill follows the report of an independent Fireworks Review Group which recommended tightening legislation to reduce the harm fireworks can cause.

The eight week consultation will seek views on the creation of a new offence of carrying a pyrotechnic device in a public place without reasonable excuse or lawful authority.

It is also seeking views from the public on the extension of police powers to allow a stop and search provision in relation to carrying pyrotechnics without a justifiable cause.

In addition a number of proposals will change how fireworks can be sold and used in Scotland.

These include the introduction of an offence to criminalise the supply of adult fireworks to people under the age of 18 – and the introduction of ‘no firework’ areas.

The proposed Bill is in addition to new regulations laid in the Scottish Parliament in February, which come into force at the end of June, restricting the times of day and the volume of fireworks that can be supplied to the public – as well as the times fireworks can be set off.

Community Safety Minister Ash Denham said: “Following the overwhelming results of the public consultation on fireworks that took place in 2019 it was clear fireworks are an important issue to the people of Scotland and that there is a strong appetite for change to improve safety.

“To help us consider the issue I appointed an independent Review Group of experts who concluded that a fundamental shift is needed in how fireworks are accessed and used.

“A number of the group’s recommendations required legislation and we have moved quickly to lay regulations which will see progress for communities across Scotland in time for this year’s fireworks period. The remaining Review Group recommendations require primary legislation which is why we are publishing this consultation today.

“I am also seeking views on how we might reduce the misuse of pyrotechnic devices such as hand held flares and smoke devices which represent a significant safety risk to anyone who comes into contact with them.

“I am committed to making our communities safer and to taking strong action now to avoid harm, distress and injury and I would encourage everyone with an interest to have their say.”

Police Scotland Chief Superintendent Linda Jones of Partnership, Prevention and Community Wellbeing said: “The unauthorised use of pyrotechnics at events is a criminal offence, inherently dangerous, and a matter of significant concern to Police Scotland.

“Pyrotechnics can burn at up to 1200 Celsius and have the potential to cause fatal or life-changing injuries to users and by-standers.

“They can emit chemicals which can trigger respiratory problems and cause irritation to eyes. The discharge of pyrotechnics can also cause panic within crowded spaces.

“There is no safe way to operate pyrotechnics unless you are properly trained – leave it to the experts at organised events.”

Chair of the Scottish Police Federation David Hamilton said: “In Scotland alone, scores of police officers and members of the public have been injured by pyrotechnic devices.

“This legislation would empower police officers to deal with this danger and would lead to safer streets and safer events for all.”

Scottish Fire and Rescue Service Assistant Chief Officer Stuart Stevens said: “It is clear that the inappropriate use of fireworks can cause harm and serious injury and can distress people, pets and the wider community.

“In a minority of cases, fireworks are linked to anti-social behaviour which can put our crews and our partners at risk whilst drawing unnecessarily on our emergency service resources.

“We therefore welcome any measures to keep our communities safe, including this Bill, and we join with the Minister in encouraging everyone with an interest to have their say.”

NHS Greater Glasgow and Clyde Plastic Surgery Registrar Eleanor Robertson said: “We are delighted that recommendations from the Firework Review Group have been swiftly translated into impactful draft legislation.

“The proposed firework legislation in Scotland will introduce controls and safeguards at purchase and limit the time and location of their use.

“This will reduce the incidence of psychological distress and physical harm, whilst still permitting their use at celebratory events.”

Scottish SPCA head of education, policy and research Gilly Mendes Ferreira said: “We were proud to be part of the Fireworks Review Group and delighted that these recommendations are being taken forward.

“The introduction of ‘no fireworks zones’ will help stop animals suffering from stress caused by fireworks.”

Read the consultation:

 https://consult.gov.scot/justice/use-and-sale-of-fireworks-in-scotland

New Year’s Day working petition launched – after 14 year delay!

A consultation seeking the views of business, retailers and shop workers on New Year’s Day trading has been published by the Scottish Government. Union leaders have welcomed the announcement – but say it’s 14 years late!

The move follows an Usdaw petition to the Scottish Parliament, which was supported by the Public Petitions Committee who pressed Ministers to commit to a consultation.

Running for 10 weeks until 24 August, the consultation aims to determine whether the current law should change and restrict large retailers from trading on New Year’s Day as is the case on Christmas Day.

Affected stakeholders, including large retailers and their staff, are strongly encouraged to participate in the consultation which follows a parliamentary petition calling for trading on 1 January to be prohibited.

Public Finance Minister Tom Arthur said: “The last year has shown how much we all rely on retailers and their staff who have supported the country during the pandemic. As we look at recovery and building a sustainable economy we need to consider what will support businesses and their staff in the future.

“Following a petition to the Scottish Parliament’s Public Petitions Committee calling for trading to be banned on New Year’s Day, the Scottish Government has been engaging with business groups, trades unions and others to understand what impact this would have on business and staff.

“This consultation will help us to determine whether the current law should change and restrict large retailers from trading on New Year’s Day, as they currently do on Christmas Day. 

“The Scottish Government encourages everybody with an interest to complete this consultation to ensure their views are considered.

“As we recover from the COVID pandemic we are committed to building on the £3.6 billion in support we have delivered to businesses since March 2020 and ensure we seize Scotland’s economic potential, creating secure, sustainable and satisfying jobs.”

Tracy Gilbert, Usdaw Regional Secretary for Scotland, said: “Today’s launch of a consultation on large stores closing on New Year’s Day, after an unnecessary 14 year delay, is a step forward in our campaign to get a proper break for shopworkers over the festive period.

“As key workers delivering the essential service of keeping the nation fed, shopworkers deserve a decent break over the festive period. They have worked long hours in difficult circumstances throughout the pandemic, faced unprecedented levels of abuse and worried every working day about catching the virus and taking it home to their families.

“However this is not just a campaign for the pandemic, our members have for many years demanded a proper break after the extremely busy and stressful shopping period in the run-up to Christmas. 98% say that large stores should be closed and only 4% are happy to work on New Year’s Day or 2 January.

“Hogmanay and New Year is a special holiday, but this is not reflected in the experience of many retail workers, with three-quarters saying they spend too little time with friends and family.

“We will be encouraging our members to engage with the consultation, to ensure the voices of shopworkers are heard. If we can secure a positive outcome, Usdaw will be calling for the necessary legislative processes to be completed in time for 1 January 2022.”

New Year’s Day Trading for Large Retailers Consultation – Scottish Government – Citizen Space

Protection of shopworkers law to come into force on 24 August

Usdaw welcomes Scottish legislation and urges UK Government to follow suit

Retail trade union Usdaw has welcomed yesterday’s announcement by the Scottish Government, confirming that a new law to protect shopworkers from violence, threats and abuse will come into force on 24 August 2021.

The ground-breaking legislation was supported by MSPs after Usdaw’s long-running campaign led to the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, which was successfully steered through the Scottish Parliament by Daniel Johnson MSP (Labour, Edinburgh Southern).

Tracy Gilbert, Usdaw’s Scottish Regional Secretary, said: “We welcome today’s confirmation that ground-breaking legislation to protect shopworkers from violence, threats and abuse will come in to force on 24 August. We again thank Daniel Johnson MSP and all MSPs for listening to the pleas of our members and giving them the legislative support they so desperately need.

“Retail staff have been on the frontline throughout the coronavirus crisis, helping to keep our communities fed, despite the risks of contracting the virus. Our 2020 survey showed that 9 in 10 shopworkers had been abused last year. This new law firmly backs up Usdaw’s clear message that abuse is not part of the job.

“We are now looking to work with the Scottish Government, police and retailers to promote the new law. We want criminals to understand that assaulting and abusing shopworkers is unacceptable and will land them with a stiffer sentence. Our hope is that this new legislation will result in retail staff getting the respect they deserve.”

Paddy Lillis, Usdaw General Secretary, said: “The Scottish Parliament is leading the way on protection of shopworkers. Today our petition for similar legislation in the UK Parliament is being debated in the House of Commons (see below).

“We urge MPs to support the aims of our petition and persuade the Government to back legislation to protect shopworkers. They have the perfect opportunity by accepting an amendment from Sarah Jones MP to the Police, Crime, Sentencing and Courts Bill, which we hope will be supported in the bill committee.

“Retail employers, leading retail bodies and the shopworkers’ trade union are jointly calling for legislation, so it is time for the Government and MPs to listen.

“We are now looking for MPs to support key workers across the retail sector and help turn around the UK Government’s opposition and follow Scotland’s lead.”

A survey of over 12,000 retail workers has found that only 1 in 5 shopworkers who reported incidents of abuse or violence were satisfied with the official response from the police or their employer.

Westminster’s Home Affairs Committee has published the findings of its survey, which asked retail and other shopworkers to share their experiences of incidents of violence and abuse. Two thirds of those who reported incidents suggested no help was given to them after receiving an initial response from their employer or the police.

The Committee asked retail workers about the frequency of incidents, how these were reported, what action was taken by the police or employers and what should be done to prevent abuse in future. The majority of respondents had both witnessed and experienced verbal or physical abuse at work.

The survey found that 87% of respondents had reported incidents to their employer but, in 45% of these cases, no further action was taken. Half of respondents reported incidents to the police, of which only 12% led to an arrest.

A third of respondents did not report incidents to their employer because they believed nothing would be done or it was ‘just part of the job’. Over a quarter did not report incidents because they believed the police would not do anything about it. 

Respondents felt that better security at retail premises and more severe punishments for offenders would help prevent incidents in the future.

The public survey was held as part of the committee’s inquiry into ‘Violence and abuse towards retail workers’. The findings are published ahead of today’s Westminster Hall debate on an e-petition calling for more protection for retail workers.

The Committee’s Chair, Yvette Cooper MP, said: “During the Covid crisis, we’ve seen an appalling and unacceptable increase in reported attacks and abuse against shop workers.

“No one should feel unsafe at their place of work and there are no circumstances where such behaviour should be tolerated. Thank you to everyone who took the time to share their experiences with the Committee.

“The sheer number of responses we have received shows just how widespread this problem is. In far too many cases retail workers don’t report incidents as they feel nothing will be done or that they’re expected to deal with such appalling incidents as part of their job. That’s simply not the case and it’s clear that action is needed to change this.

“The Committee is currently assessing the wider evidence we’ve received – I hope the Government responds constructively to the serious issues we have identified.”

Automatic Vending Association members prioritise Legislation, Lobbying and Learning

The Automatic Vending Association (AVA) has released the results from its annual member satisfaction survey this month, highlighting widespread industry support for continued remote collaboration to deliver positive change.

The survey, which gained 68 company responses from the AVA’s 180-strong member base, also showcased an influx in internal sentiment, in that the trade body has seen a 36% increase over four years for those who would recommend AVA membership – just over 90% of respondents.

AVA members also used the annual survey to highlight the services they value most in their membership, with 57.5% of members surveyed stating ongoing lobbying on key legislation is crucial in the industry’s post-pandemic recovery.

In response to this feedback, the AVA has bolstered its external communication and lobbying activity by enlisting reputation management agency, Definition. 

The topics and issues covered include the ongoing lobbying for support from the government’s Local Restrictions Support Grant (LRSG), Additional Restriction Grants (ARGs), an extension of the Coronavirus Job Retention Scheme (CJRS) for hospitality businesses.

AVA members also utilised this survey to highlight the need for ongoing technical advice and knowledge updates, both during the end of lockdown and when restrictions ease.

The AVA has seen a 50% increase in technical and knowledge advice since the pandemic began and has pledged to continue this with a busy webinar and internal committee schedule into 2021 and beyond.

David Llewellyn, chief executive of the AVA said: “The Automatic Vending Association is dedicated to upholding the needs of our members in what is still an immensely difficult time for their respective businesses.

“However, members should also be encouraged to join the effort to lobby for support, as we are more likely to be successful in our fight if more members show enthusiasm across the United Kingdom.

“Ways of doing this range from sharing the AVA’s social content and sharing content of your own online, all the way to reaching out to your local MP with our press releases to engage support on a local and national level.

“With the support of our members, local members of parliament and communications team, we can look to rebuild from the damage the pandemic has done to business in the wider foodservice industry, including AVA members.”

To keep up to date with the Automatic Vending Association’s lobbying activity, visit: https://www.the-ava.com/news.

For further information on the Automatic Vending Association visit: https://www.the-ava.com/

USDAW hails protection for Scottish shopworkers as MSPs pass new law

Retail trade union Usdaw has welcomed yesterday’s unanimous vote in the Scottish Parliament for a ground-breaking law to protect shopworkers. This follows a long campaign by the union for new legislation to tackle growing violence, threats and abuse against retail staff.

The Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill was successfully steered through the Scottish Parliament by Daniel Johnson MSP (Labour, Edinburgh Southern).

Stewart Forrest, Usdaw’s Scottish Divisional Officer, said: “We are grateful for the support of MSPs and congratulate Daniel Johnson MSP on securing ground-breaking legislation to protect shopworkers from violence, threats and abuse. We hope the UK Government will now follow suit to protect shopworkers in the rest of the UK.

“Retail staff have been on the frontline throughout the coronavirus crisis, helping to keep our communities fed, despite the risks of contracting the virus. Yesterday the final results of our 2020 survey showed that 9 in 10 shopworkers had been abused last year. This new law firmly backs up Usdaw’s clear message that abuse is not part of the job.

“We are now looking to work with the Scottish Government, police and retailers to promote the new law. We want criminals to understand that assaulting and abusing shopworkers is unacceptable and will land them with a stiffer sentence. Our hope is that this new legislation will result in retail staff getting the respect they deserve.”

Paddy Lillis, Usdaw General Secretary, said: “The Scottish Parliament is leading the way on protection of shopworkers by passing this Bill. It is a great result for our members in Scotland, who will now have the protection of the law that they deserve. We are grateful to Daniel Johnson for steering this important legislation through the Parliament.

“We have been deeply disappointed with the UK Government’s response to our campaign, offering little more than sympathy and their objecting to protection of shopworkers legislation. So we are looking for MPs to support key workers across the retail sector and help turn around the UK Government’s opposition.”

Letters: Landmark moment for child safety online

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

Curb on firework sales in the pipeline for new year

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.”

Read the Minister’s response to the Review Group on the Scottish Government website.

SELECT welcomes second consultation on regulation of the electrical industry

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.”

The latest move follows a consultation by Conservative MSP Jamie Halcro Johnston, (above) which was issued in August and closed on 10 November.

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.

Change law to guarantee all publicans a decent living, Scottish Government urged

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.” 

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