Tag: protection

Animals and Wildlife Act comes in to force in Scotland

New measures to increase the maximum available penalties for the worst cases of animal cruelty have come in to force.

Taking effect from 30 November, the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 increases the maximum penalty for the most serious animal welfare and wildlife crimes to five years imprisonment and unlimited fines.

These tougher penalties will be available to courts when convicting those who are involved in animal fighting, causing unnecessary suffering to animals or committing a wide range of serious crimes against wildlife.

In addition, the new ‘Finn’s Law’ will prevent those who attack or injure service animals in the course of their duties from claiming they did so in self-defence. The law is named after a police dog called Finn who was injured whilst pursuing a suspect with his handler in England in 2016 and sustained serious injuries.

Other parts of the Act will create flexible new powers to allow various Fixed Penalty Notice (FPN) regimes to be developed for a wide range of less serious animal health, animal welfare and wildlife offences, outwith the court system. These will be introduced in future secondary legislation.

Changes to restrict the licensed killing of seals are due to take effect from 1 February 2021.

The Scottish Government is also preparing a report to be laid before the Scottish Parliament by 1 March 2021 on the use of acoustic deterrent devices on fish farms.

The reclassification of mountain hares as endangered animals, which will protect the species from being killed, injured or taken (except under licence for certain limited purposes) at any time of the year is expected to come into force on 1 March 2021, subject to certain permitted exceptions.

The introduction of new powers to deal more quickly with animals seized to protect their welfare will be brought forward at the earliest opportunity in 2021.

Rural Affairs Minister Mairi Gougeon said: “We take animal welfare and wildlife crime very seriously, and we are committed to ensuring Scotland’s animals have the best possible protection, including our dedicated service animals.

“The vast majority of people in Scotland treat animals and wildlife with respect and care, however the small minority who don’t will be held accountable with consequences that reflect the severity of their crime.”

Scottish Society for Prevention of Cruelty to Animals (SSPCA) Chief Superintendent Mike Flynn said: “As Scotland’s animal welfare charity, the Scottish SPCA has long campaigned for harsher sentences for animal and wildlife crime and it is fantastic to see these come in to effect. Sentencing must act as a deterrent and we are hopeful increasing sentences and fines will achieve this.

“A number of the proposals due to come in to force will be transformational. We seize thousands of animals for welfare reasons every year, so the prospect of new powers to get these animals in to a home more quickly is welcome. Currently, animals can spend months or even years in our care and we look forward to working with the Scottish Government to implement the reforms as soon as possible. The Act will enhance Scotland’s position as a global leader in animal welfare standards.”

Finn’s handler PC Dave Wardell said: “Every day in Scotland our brave police dogs and horses put themselves in harm’s way to look after us and protect society.

“To see these amazing animals receive the protection in law that they so rightly deserve is a great moment in my life. Thank you.”

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.”

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.”

Consumers face losing thousands amid travel protection breakdown

Which? is warning urgent action is needed to protect consumers who face losing large sums of money amid a breakdown of the system of travel protections.

The consumer champion has been inundated with messages and requests for help from people who face losing large sums – with some airlines and package travel providers refusing to meet their legal obligations to issue refunds for cancelled flights and holidays.

While Which? supports the government exploring options to help the travel industry, it is demanding that the crisis not be used as an excuse to undermine consumer protections. Reports of some package providers refusing refunds running into thousands of pounds in expectation of changes to the law are unacceptable.

Which? has heard from a family who were meant to be travelling to a wedding in Italy and whose flights have not been cancelled, despite Foreign Office (FCO) guidance against going to the country hardest hit by the virus.

Instead, the airline is offering to switch their flights to more expensive ones in the future. In some cases this can cost as much as £100 more per person.

The consumer champion has also been contacted by unhappy airline customers who are being offered vouchers instead of being refunded, with many complaining that they have received no clear guidance from their airline about what the next steps will be.

All flights on EU carriers in or into the EU and all flights leaving from an EU airport are protected by the EU’s Denied Boarding Regulation, which requires refunds or rerouting when flights are cancelled.

People have also been in touch reporting that their travel agents are refusing to offer refunds for cancelled holidays, despite travel regulations. Dozens of holidaymakers due to travel to France in the coming weeks have told  Which? that their travel agent is refusing to issue a refund.

One customer was refused a refund for his holiday with a well-known beach holiday specialist. The customer faces losing £2,300 and the only options being offered are a credit note or rebooking. And, that if he decided to cancel instead, he would have to try to claim on his travel insurance.

The law says you are entitled to a full refund if your package holiday is cancelled because of extraordinary circumstances at the destination – so you do not have to accept a credit note.

Faced with these difficulties, many people are finding themselves pushed from pillar to post between airlines, tour operators and insurance companies – whose policies are not set up for providers failing to fulfill their duties in this way.

Which? has also heard from holidaymakers who have fallen foul of little-known exclusions in insurance policies – meaning they were not covered for cancelling an upcoming trip, even after the FCO advised against travel to their destination.

Many more people are concerned that they will be uninsured for upcoming trips booked well before the coronavirus outbreak as insurers make sudden changes to their policy terms and conditions.

Taken together, these issues represent a serious breakdown of the current system of travel protections, which is vital to ensuring millions of consumers have the confidence to book expensive holidays and flights abroad.

Urgent action is needed to protect consumers amid the crisis in the travel industry. It is vital that any emergency measures under discussion, such as credit notes replacing refunds for package holidays, include strong guarantees or protections so consumers know they are not at risk of losing their money if a travel firm fails.

And while consumers with holidays booked under the current regulations may choose to accept a credit note, their right to claim a refund must not be taken away retrospectively by any changes to the law. The hard-earned money of thousands of holidaymakers – who may be facing difficulty themselves – must not be used as a backdoor bailout of the travel industry, when direct government support is being used in other sectors.

While the current uncertainty continues, airlines must respond swiftly to this fast-moving situation by informing passengers about what is happening with future flights, and show flexibility with rebooking options if a flight has not been cancelled.

Insurers must also heed last week’s warning from the FCA about treating customers fairly and work with the government and travel industry on solutions to tackle the coronavirus crisis, as the public must have confidence that they will be covered when they travel.

Rory Boland, Which? Travel Editor, said: “We’ve heard from hundreds of people who face losing large sums of money because their travel plans have been left in tatters or they have been abandoned abroad and face extortionate bills to get home.

“It’s vital that the government, insurers and the travel sector work together to tackle the huge challenge posed by coronavirus, as the travel industry depends on people having confidence that they will be protected in times of crisis.”

Which? is a non-profit organisation working to make life simpler, fairer and safer for consumers. During the coronavirus crisis, Which? is making a range of news, advice and guides available for free for anyone who needs it at https://www.which.co.uk/news/coronavirus  

USDAW: Shopworkers need legal protection

Too many shopworkers are assaulted and they need the protection of the law, Usdaw will tell a Scottish Parliament Committee today.

Shopworkers’ trade union Usdaw will today give evidence to the Scottish Parliament’s Economy, Energy and Fair Work Committee in support of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill, which is being promoted by Daniel Johnson MSP (Labour, Edinburgh Southern).

The Committee will meet at 9.45am in the Scottish Parliament’s David Livingstone Room (CR6).

As well as taking evidence from Usdaw, the committee will also hear from: Law Society of Scotland; Police Scotland; Scottish Grocers’ Federation; Scottish Retail Consortium; The Scottish Beer and Pub Association; Co-operative Group, and GMB.

Usdaw’s 2019 Freedom From Fear survey of over 1,000 Scottish retail workers shows that:

  • More than 6 in 10 Scottish retail workers experienced verbal abuse.
  • 32% were threatened by a customer.
  • 2.3% were assaulted, which amounts to more than 15* assaults every day across all of Scotland’s shopworkers.

Stewart Forrest, Usdaw Scottish Divisional Officer, said: “Violence, threats and abuse against workers is totally unacceptable and we welcome the opportunity to give evidence in support of Daniel Johnson’s Bill.

“The statistics are shocking, showing that on average a Scottish shopworker can end up on the wrong side of a verbal or physical assault more than once every three weeks. Our message is clear, abuse is not a part of the job.

“Life on the frontline of retail can be pretty tough for many shopworkers and there is still a lot to do to help protect them. We launched our Freedom From Fear Campaign in the face of growing concerns amongst retail staff about violence, threats and abuse. The campaign works with employers to promote respect.

“There needs to be a simple stand-alone offence that is widely recognised and understood by the public, police, the judiciary and most importantly criminals. Retail staff have a crucial role in our communities and that role must be valued and respected, they deserve the protection of the law.”

Voices from the Scottish frontline: 

As part of Usdaw’s survey of violence, threats and abuse against shopworkers, respondents have the opportunity to feed back their experiences, here are some examples from Scotland:

Alcohol: Aberdeen – “Customer under influence refused alcohol and became abusive and threatened staff.” Bellshill – “Because Scottish licencing laws are not clear to customers, I receive abuse on a regular occurrence.” Irvine – “Daily abuse from customers under the influence of drugs and alcohol”. Glasgow – “Couldn’t sell alcohol before 10 am got an earful and told I’d ruined her life.” Aberdeenshire – “Refused customer alcohol as they were drunk they tried to grab my hair and grabbed hold of my shirt.”

Age-restricted sales: Broxburn – “Customers very aggressive when refused sale of age restricted products, particularly alcohol. They think it’s ok to shout and swear at you using language that is disgusting and personal insults.” Fife – “ID’d someone who looked about 19, called a ‘ginger c**t’.” Fraserburgh – “Refused customer cigarettes and they started shouting and swearing”. Stranraer – “I was sworn at when I refused sale of a restricted item without ID”.

Throwing goods: Inverurie – “Customer threw items of their shopping at me as they were unhappy about the price.” Aberdeen – “I asked some youths to leave the store and they started throwing things at me.” Dalkeith – “One time a customer threw a computer at the manager.” Stenhousemuir – “His scotch pie, was not hot, he threw it back at me, and it hit my face.”

Sexual harassment: Fife – “Customer talking to members of staff inappropriately forcing members to be feel uncomfortable.” Moray coast – “Usually more sexual harassment that makes me feel extremely threatened and unsafe” Glasgow – “Got flashed by a customer, have had customers grab me and comment on my breasts.”

Shoplifters: Fife – “Shoplifter tried to head-butt me”. Braehead – “Chasing shoplifters – threatened with knife and syringes.” Glasgow – “Shoplifter tried to headbutt and kick me whilst he was being detained. Threatened to find my family using social media and slash their faces.”

Belittling: Wick – “Asked if I was stupid, spoken to like a child.” Dumfries – “I was asked if I was a normal person or not.” Dunfermline – “A customer once told me he wished I’d go away and kill myself for trying to do my job helping him.” Glasgow – “I have been called a fat cow and a jobs worth from shoplifters”.

Assault: Dingwall – “One customer elbowed me on purpose when I went past.” Greenock – “Was attacked and a fag stubbed out on my face.” Stirling – “Shoplifter pushed me over dislocating shoulder”.

Verbal abuse: Dundee – “I have had customers shout at me if something doesn’t go right and called many names, such as b***h and c**t.” Inverness – “A Woman was very upset about our lack of 10p bags and got verbally abusive.” Kilmarnock – “People being rude and bad mannered if they have to wait more than a minute in a queue.”

After work: Edinburgh – “I have been stopped in the street going home and verbally abused by a family member of a shoplifter that I had caught previously that day. I feel very uncomfortable being put in that situation as these people know where I live and are known to be violent!” Irvine – “Got threatened to be done away with because I closing the store!” Glasgow – “Threat to be stabbed, have car smashed up, to be met when finished work, called names, spat at. The list goes on”.