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Chamber

Meeting of the Parliament (Hybrid) 24 September 2020

24 Sep 2020 · S5 · Meeting of the Parliament
Item of business
Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Bill: Stage 1

I thank Daniel Johnson for introducing his bill with the support of USDAW—the Union of Shop, Distributive and Allied Workers. It is on a matter that is important to the constituents of each and every one of us.

During the lockdown, we all regularly clapped our national health service workers for their phenomenal efforts in keeping our communities safe in the Covid-19 pandemic. In these challenging times, many of Scotland’s more than 375,000 retail workers have done equally fantastic work. Not only do they provide indispensable everyday life essentials such as food and medicine, but for many of us they have also been a rare and welcome source of face-to-face human interaction. They make a real and positive difference to people’s lives and their value should not be underestimated.

Sadly, however, retail workers have recently endured an unacceptable rise in assaults against them. According to the Association of Convenience Stores, which represents more than 33,500 local shops across the UK, last year there were more than 50,000 incidents, including verbal abuse, threats and physical attacks. Earlier this year, a woman was taken to hospital after an intoxicated man assaulted two female staff working at a local convenience store in Bourtreehill in North Ayrshire.

We should use the increased public attention that is currently being given to this issue to protect our retail workers by enhancing the long-standing existing laws. I therefore welcome the bill to strengthen the legislation and specifically protect retail workers against the minority of customers who assault, abuse or threaten them.

It is completely unacceptable that, according to the Scottish Grocers Federation, some retail workers now come to

“expect threatening and abusive behaviour as part of their job.”

It is certain that the real number of offences committed is actually much higher than official figures suggest, as many incidents are never reported to police. A number of colleagues have talked about how the police response is not what should be expected.

A new specific statutory offence to deter assaults, threats or abuse committed against retail workers would not only raise public awareness of the problem but reassure shop workers that the issue is being taken seriously and encourage the reporting of incidents. I welcome the minister for community safety’s offer to work in collaboration with Police Scotland and the Scottish Government’s justice partners on improving data collection when criminal incidents are reported and monitored on retail premises.

We expect our retail workers to uphold the law daily, with regard to not only current Covid-19 safety regulations but the protection of minors from the harmful damages of early exposure to alcohol. Therefore, it is our duty to ensure that the law sufficiently protects retail workers who enforce statutory age restrictions by requesting proof of age from young customers who want to buy alcohol or tobacco products, for example. For that reason, I also support moves to create a statutory aggravation for the offence of assaulting, threatening or abusing a retail worker in cases where a statutory age restriction is being enforced.

The minister has shown willingness to engage with Mr Johnson to address some remaining concerns about the bill. I am not alone in my belief that some elements, such as impeding a retail worker from carrying out work in a non-physical way, set the bar too low for criminal behaviour. Of course, in cases where an obstruction or hindrance is carried out in a threatening or abusive way, the conduct amounts to assault or breach of the peace, which is already penalised under criminal law. I expect that there are many issues in the bill to be addressed at stage 2.

The bill will improve working conditions and the rights of shop workers to go about their work safely. It will increase their legal protections with a new specific offence and highlight to the wider public the unacceptable threats and physical attacks that shop workers often face. The latter is particularly important, because ultimately, only cultural change and increased public awareness will effectively deter abusive conduct and eradicate violent behaviour in our shops. We should therefore all unite behind an awareness campaign that addresses employers and customers.

I once again thank Daniel Johnson for introducing his bill.

16:32  

In the same item of business

The Deputy Presiding Officer (Lewis Macdonald) Lab
The next item of business is a stage 1 debate on motion S5M-22226, in the name of Daniel Johnson, on the Protection of Workers (Retail and Age-restricted Goo...
Daniel Johnson (Edinburgh Southern) (Lab) Lab
This is quite a moment for me. Rising to speak in favour of my own bill brings with it a real sense of responsibility. I pay tribute to the various organisa...
John Mason (Glasgow Shettleston) (SNP) SNP
I agree with all that the member has said so far. How does he feel about other workers who are not retail workers? Should they, too, be protected?
Daniel Johnson Lab
That is a useful intervention. Unfortunately, I am a solitary member and this is a member’s bill. There is a case for looking at the protection that all publ...
The Deputy Presiding Officer Lab
Gordon Lindhurst will open the debate on behalf of the Economy, Energy and Fair Work Committee. 15:37
Gordon Lindhurst (Lothian) (Con) Con
As the saying goes, the customer is always right—it was the founders of Selfridges and the Ritz hotel who first popularised the phrase. Variations on the the...
The Minister for Community Safety (Ash Denham) SNP
I begin by recognising the important role that retail workers play in our local communities and the wider Scottish economy. During the Covid-19 outbreak, the...
Liam Kerr (North East Scotland) (Con) Con
What is the minister’s view on the representation of the Association of Convenience Stores that the maximum penalty in the bill might not be strong enough?
Ash Denham SNP
The maximum penalty in the bill would be up to one year in prison and/or a fine of up to £10,000. We imagine that most offences will be captured under the bi...
Liam Kerr (North East Scotland) (Con) Con
I am pleased to contribute to this stage 1 debate on the bill. Daniel Johnson knows that I am sympathetic to what he is trying to achieve, as we have discuss...
Jackie Baillie (Dumbarton) (Lab) Lab
I declare an interest as a member of USDAW and the GMB, which both represent retail workers. I am delighted to be able to speak in favour of the bill at sta...
Andy Wightman (Lothian) (Green) Green
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 vo...
Liam McArthur (Orkney Islands) (LD) LD
Presiding Officer, I offer my apologies—to you, to the Presiding Officer who was then in the chair, and to other members—that I was not here at the start of ...
The Deputy Presiding Officer (Linda Fabiani) SNP
We move to the open debate, with speeches of absolutely no more than four minutes, please. I do not want to delay decision time or cut out speakers. 16:12
Colin Beattie (Midlothian North and Musselburgh) (SNP) SNP
As a member of the Economy, Energy and Fair Work Committee, I support the general principles of the bill. It is important that we have a full debate on the i...
The Deputy Presiding Officer SNP
If everybody takes an extra five seconds, that makes us late. I call Alison Harris. 16:16
Alison Harris (Central Scotland) (Con) Con
That is a challenge—thank you, Presiding Officer. I, too, am a member of the Economy, Energy and Fair Work Committee. Since Daniel Johnson introduced the bi...
Bob Doris (Glasgow Maryhill and Springburn) (SNP) SNP
As others have done, I thank Daniel Johnson for navigating his member’s bill through stage 1. It is a robust bill, albeit that I know that some amendments ar...
Mark Griffin (Central Scotland) (Lab) Lab
I draw members’ attention to my declaration of interests. I am a member of USDAW and Unite. I am delighted to support Daniel Johnson’s bill and congratulate...
Kenneth Gibson (Cunninghame North) (SNP) SNP
I thank Daniel Johnson for introducing his bill with the support of USDAW—the Union of Shop, Distributive and Allied Workers. It is on a matter that is impor...
Michelle Ballantyne (South Scotland) (Con) Con
Without doubt, the bill has a commendable purpose. As I was convener of the Economy, Energy and Fair Work Committee during the stage 1 process, I would like ...
Annabelle Ewing (Cowdenbeath) (SNP) SNP
I, too, congratulate Daniel Johnson on and commend him for his hard work and absolute determination to introduce the bill and reach this stage. I also pay tr...
John Mason (Glasgow Shettleston) (SNP) SNP
I have been a member of the Economy, Energy and Fair Work Committee off and on. I am currently a substitute member, but I was not involved in the bill at all...
Sarah Boyack (Lothian) (Lab) Lab
I join colleagues in congratulating Daniel Johnson on getting his bill to Parliament and this stage. It is clear that there are more discussion and negotiati...
Maurice Golden (West Scotland) (Con) Con
It goes without question that no one should face violent abuse or untoward behaviour at their place of work. Sadly, however, violence against shop workers is...
Ash Denham SNP
I thank all members who have contributed to this debate on an important issue. It is clear that we all agree that the abuse of a retail worker is totally una...
The Deputy Presiding Officer SNP
I call Daniel Johnson to close the debate. You can take us up to decision time. 16:58
Daniel Johnson Lab
I will do so gladly. I begin by thanking everyone who has taken part in the debate. It has been encouraging to hear such a broad range of views and to have ...
The Deputy Presiding Officer SNP
Excuse me, Mr Johnson. I know that we have a half-empty chamber, but it is awfully noisy. Could members take care, please?
Daniel Johnson Lab
I know that those retail workers will be heartened to know that we take the issues that they face daily seriously. Before I go much further I would like t...