Meeting of the Parliament (Hybrid) 24 September 2020
I, too, welcome the bill, and commend Daniel Johnson for his work to introduce it. The Scottish Greens support the general principles of the bill and will vote for it.
I am a member of the Economy, Energy and Fair Work Committee. I thank fellow committee members, clerks, researchers and witnesses for their diligent work in scrutinising the bill.
I, too, agree with members who have commended the work of retail workers, particularly those who, in the early months of the pandemic, were very much on the front line, meeting and greeting thousands of customers and seeking to police a safe environment, much of which is mandated by laws passed by the Parliament, the latest of which is, of course, the regulation on wearing face coverings. All that is in addition to the existing laws on, for example, age-restricted goods and services that retail workers are required to implement. I thank retail workers for their hard work and for doing their bit to keep us all safe.
As the convener of the Economy, Energy and Fair Work Committee said, we heard disturbing testimony about the routine threats and abuse facing retail workers. I found equally disturbing the sense of helplessness around not knowing whether such abuse would investigated if reported. That is very troubling.
I do not want to get into the arguments about the scale or nature or character of the police response—the police rebutted some of those allegations. Nevertheless, it was clear from the evidence that relying on existing offences does not appear to be sufficient to curb on-going abuse.
I am not a fan of legislating to send messages—I think that Liam Kerr is not, either—but sometimes a new offence that is clearly targeted at abusive behaviour against a defined group of vulnerable people is the way forward. Daniel Johnson mentioned using the law to communicate. I think that it should be used in that way only sparingly, but I am persuaded that this situation is such a case. The mere existence of a notice on the front door of a shop, clearly articulating that the legislation applies, might do something to curb the worst excesses.
It is also fair to say that introducing a criminal offence is never an easy or a straightforward process—nor should it be. No doubt Daniel Johnson was aware of that when he took up the issue. As he will know, the committee spent some time grappling with the legal choices that had been made. In particular, we questioned the need for a new offence of obstructing or hindering a retail worker. We recognise concerns about the lack of a reasonableness defence to the threatening and abusive elements.
I am pleased to note that there is now a measure of agreement on the way forward on those matters. In particular, I am pleased that the “obstructing or hindering” element has been dropped. I was never persuaded that it was analogous to similar offences against emergency workers, where such behaviour can—and does—pose a threat to life.
I want to pay particular attention to the question of the aggravated offence that would apply where retail workers are enforcing a statutory age restriction. We agree with that proposal, but we also agree that such a charge should be available to be pled in any proceedings, brought against anyone who is alleged to have assaulted, threatened or abused a retail worker, regardless of whether it is brought for that offence, other statutory offences or under the common law. We are pleased to note that the Government has not closed the door on that possible amendment.
One of the most valuable observations to have arisen from the committee’s scrutiny was the question why we have not, as a matter of routine, created an aggravation in relation to all offences that we create in law whereby ordinary workers—whether in public transport, shops, entertainment venues or wherever—are then required to enforce it, such as the law on age restrictions, and who may, as a consequence, invite and receive abuse or violence.
I hope that the bill will be passed. I also hope that we will learn that important lesson, and will never again legislate to create offences that we expect to be implemented and enforced by ordinary workers without there being requisite protection in the law. Indeed, had we been more diligent about that, Daniel Johnson might not have needed to introduce the bill—or, at least, not in its current form.
The bill is a worthy and welcome one, and the Scottish Greens will support it at decision time.
16:07