Football-style banning orders on unruly train passengers in Scotland to be progressed
Travellers could be outlawed from the rail network if convicted of crimes such as assault and sexual offences
Football-style banning orders on unruly train passengers are to be progressed, Transport Secretary Fiona Hyslop announced on Wednesday.
Potential new legislation would outlaw those convicted of sexual offences, assault, theft or anti-social behaviour from the Scottish rail network.
The move was first considered by the then transport minister Jenny Gilruth four years ago following a call from the Rail, Maritime and Transport union (RMT).
Ms Hyslop has accepted the proposal along with the ten other recommendations made in a report published on Wednesday by the Rail Enforcement Powers Working Group, which includes train operators, police and unions.
They also include increasing the £40 anti-social behaviour fixed penalty notices and widening the number of offences for which they could be imposed.
A spokesperson for the cabinet secretary said she had “instructed officials to begin detailed legal, financial and policy analysis” to determine how the measures could be taken forward.
Ms Hyslop said: “We are already taking forward action on a number of the recommendations, including raising penalty levels and widening the ability to use fixed penalty notices, while officials begin work now on assessing the remaining proposals.”
Transport Scotland will assess the feasibility, costs and timescales associated with the recommendations.
It said some could be progressed immediately while others would require further consideration “in light of legislative and financial constraints”.
Football banning orders can restrict a person from entering a town or city on the day their team is playing.
The report said sheriffs in courts might be reluctant to impose existing penalties such as anti-social behaviour banning orders on rail passengers for being particularly restrictive.
Ms Gilruth told MSPs four years ago of her experience of the “systematic problem” of women’s safety on trains.
She said: “It’s not always a safe place to get the last train back to your house on a Friday night, which shouldn’t be the case in 2022.”
The Scottish Conservatives said the proposals did not go far enough.
Transport spokesperson Sue Webber said: “These measures will still amount to a slap on the wrist for far too many.
“Anti-social behaviour on Scotland’s trains has spiralled out of control under the SNP, with staff and fellow passengers bearing the brunt.
“SNP ministers need to get serious and outline tougher proposals that will guarantee staff and passengers will be safe on Scotland’s trains.”
RMT general secretary Eddie Dempsey said he particularly welcomed plans for a new offence of assaulting a rail worker at work.
He said: “We have long campaigned for this change and we urge the Scottish Government to bring forward this legislation as soon as possible and for all political parties in Scotland to commit to this protection for all our public transport workers.”
Kevin Lindsay, Scotland organiser for the train drivers’ union Aslef, said: “This joint approach is refreshing and is a footprint for future to enable us all to deliver for the rail passengers of Scotland.”
Chief Superintendent Lorna McEwan, divisional commander of British Transport Police Scotland, said: “This is an extremely positive outcome and a significant milestone for everyone committed to improving safety across Scotland’s rail network.”
ScotRail chief operating officer David Ross said: “The railway is safe for customers and staff, and these proposals will make it even safer.”