Attacks on Emergency Services (Bonfire Night)

– in the Scottish Parliament at on 7 November 2023.

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Photo of Russell Findlay Russell Findlay Conservative

1. To ask the Scottish Government what action it plans to take in response to reports of widespread violence against police officers and firefighters over the bonfire night period. (S6T-01623)

Photo of Siobhian Brown Siobhian Brown Scottish National Party

First, I want to express my gratitude to all our emergency services for their work over the weekend. All attacks against them are totally despicable.

The Scottish Government fully supports the courts using the extensive Laws and powers to protect emergency workers, including the new statutory aggravation for attacks on emergency services through the Fireworks and Pyrotechnic Articles (Scotland) Act 2022.

As part of the annual review of the police-led multi-agency operation moonbeam, there will be an analysis of the incidents that took place over the weekend and a response taken.

The Scottish Community Safety Network’s report on antisocial behaviour has been published today, and I have accepted the report’s recommendation that we consider how best to develop our long-term approach to preventing and tackling antisocial behaviour. I will therefore be convening an independently chaired working group on antisocial behaviour.

Photo of Russell Findlay Russell Findlay Conservative

The scenes across Scotland have been shocking. Police officers and firefighters have been attacked with petrol bombs, bricks and fireworks, and terrified people have been trapped in their homes by gangs of rioting youths. Eight police officers are injured, and it is no exaggeration to say that lives could have been lost. Those responsible are reckless and dangerous. There needs to be punishment and there needs to be a deterrent. Does the Minister agree that those criminals are old enough to know better?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

Yes;

I do not know the intelligence so far on the incidents, and we are waiting for the police outcomes. I know that it has been reported that some of the youths were being encouraged by adults.

With significant Scottish Government engagement, a broad range of planning and preparation is done every year by the emergency services and others to ensure that the existing Laws are adhered to. However, on effective preparatory work, there will always be a challenge and a threat for enforcement agencies once fireworks and other potential weapons fall into the hands of those with criminal minds.

Introducing stricter measures at the point of purchase, including via the new proxy purchase offence, will help to ensure that fireworks do not end up with those who may misuse them. Not all offences involving fireworks are prosecuted under fireworks misuse laws, and the most serious offenders may be prosecuted for common-law offences such as assault and culpable and reckless misconduct. The link with fireworks may not be identified clearly in the data collected relating to those offences.

Photo of Russell Findlay Russell Findlay Conservative

T he Minister did not answer the question, so here is the answer: those criminals are old enough to know better. However, criminals know that the police are stretched to breaking point, because of Scottish National Party cuts. They know that they will not be jailed and that there is a good chance that they will not even be prosecuted. In response to the events of the weekend, yet another report has been produced, but it does not mention the word “prosecution” even once.

Will the Cabinet secretary bring in meaningful punishments before those shameful scenes are repeated next year, rather than having yet another SNP talking shop and report?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

Just for clarity, I am a Minister, not a Cabinet secretary.

We have increased the police funding year on year since 2016-17, investing more than £11.6 billion since the creation of Police Scotland in 2013. Sentencing guidelines are, of course, set by the Scottish Sentencing Council, and it is totally inappropriate for politicians to interfere with the independent judicial sector. It is up to the courts and prosecutors to decide on what action is taken against individuals who commit such crimes.

Photo of Emma Harper Emma Harper Scottish National Party

In addition to what we witnessed in Edinburgh, there were also antisocial behaviour incidents involving fireworks in Dumfries. They included fireworks being set off in the town centre, which almost hit the historic Robert Burns statue. In addition, Heathhall in Dumfries has recently experienced an increase in antisocial behaviour, with windows being egged and damage being done to cars. Can the Minister outline how the Scottish Government is supporting Police Scotland to deal with those issues, and can she confirm that antisocial behaviour issues are being dealt with seriously?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

T here is simply no excuse for the sort of behaviour that was witnessed recently in Dumfries town centre and elsewhere. It puts everybody at risk. I am grateful to Police Scotland, the Scottish Fire and Rescue Service and partners for their swift attendance and actions at the scene to minimise the damage from the reckless use of fireworks and the irresponsible throwing of projectiles into a public area.

We are committed to ensuring that the police and local authorities have the powers and the resources to address antisocial behaviour. That includes formal warnings, fixed-penalty notices and antisocial behaviour orders. The Scottish Government has increased police funding year on year since 2016-17, with £1.45 billion being invested this year alone. There are 379 more police officers than there were in 2007, and Scotland continues to have more police officers per capita than England and Wales.

Photo of Daniel Johnson Daniel Johnson Labour

The pictures from Sunday night clearly show that the incident constituted a premeditated attack on the police. Fireworks were being aimed directly at police officers, who were having to wear riot gear to prepare themselves. Will the Minister consider a full ban on the sale of fireworks to private individuals, apart from in relation to organised fireworks displays? Will she give serious consideration to holding meetings with authorities in Edinburgh, including the council, to discuss measures that should be taken to tackle such outrageous behaviour, should it happen in future years?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

Daniel Johnson raises an emotive issue. I understand his point about there being cause to ban fireworks sales to individuals, but unfortunately that is not currently within the competence of the Scottish Parliament. I will be more than happy to meet councils to discuss the way forward.

Photo of Audrey Nicoll Audrey Nicoll Scottish National Party

Will the Minister outline what actions the Scottish Government is taking to support preventative services, such as cashback for communities and the violence reduction framework, which aim to prevent such behaviours from happening in the first place?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

The Scottish Government acknowledges that its prevention services are crucial to preventing crime in Scotland’s communities. Through the violence prevention framework, which was published in May this year, we are implementing our public health approach to preventing violence from happening in the first instance. That is backed with more than £2 million of investment from this year’s budget. We are the only Government in the United Kingdom that is reinvesting money recovered from the Proceeds of Crime Act 2002 directly back into communities across Scotland. Our cashback for communities initiative delivers diversionary activities for young people, who are most at risk of being involved in antisocial behaviour, offending and reoffending, to support the communities that are most affected by crime.

Photo of Stephen Kerr Stephen Kerr Conservative

This might come as news to the Minister, but what is crucial is that we see an end to soft-touch justice in this country. To come to the chamber and announce that we are going to have another task force just makes it seem as though we are in a never-ending cycle of task forces and reviews, but that nothing ever actually happens. We know that 50 people were present—

Photo of Stephen Kerr Stephen Kerr Conservative

I am afraid that I cannot change the script when we are seeing the same repeat cycle from the SNP. [

Interruption

.]

Photo of Stephen Kerr Stephen Kerr Conservative

We know that 50 people were involved in the demonstration of what one police officer said was the worst violence that he had ever seen. Five officers were injured. I ask the Minister to say how many arrests there have been.

Photo of Siobhian Brown Siobhian Brown Scottish National Party

There have been two arrests so far. The police are looking at intelligence and there will be more arrests in the coming days. Mr Kerr says that we should change the record, but, as I have already said, it is up to the courts and prosecutors to decide on what action is taken; it is not up to politicians. It would be totally inappropriate for the SNP Government to try to influence that. I do not know whether the Conservatives would try to do so if they were ever to be in Government, but it would be totally inappropriate if they did.

Photo of Baroness Katy Clark Baroness Katy Clark Labour

The Parliament passed the recent fireworks legislation after a reduced scrutiny process, to enable it to be in place for bonfire night last year. Delay meant that councils were not able to designate control zones this year, and the proposed licensing scheme might create a black market. Labour supported the bill because of the new offences that it contained. Does the Minister not accept, though, that the framework that was created by the legislation is making no difference to the problems that communities have experienced with fireworks, and that the 2022 act represents a wasted opportunity?

Photo of Siobhian Brown Siobhian Brown Scottish National Party

I have to disagree with Katy Clark on that. The act was brought in as a preventative measure; it was not a short-term quick fix. Control zones have been developed to support the long-term cultural change on fireworks. As I have said, such change will not happen quickly. A programme of work has progressed, at pace, to successfully commence firework control zones, in line with the original timescales, on 22 June 2023. I know that my officials are engaging with all local authorities and are making progress, and the zones might be in place for next year.

The Presiding Officer:

We are very tight for time this afternoon so we must move on to question 2.

laws

Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.

minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.

cabinet

The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.

It is chaired by the prime minister.

The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.

Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.

However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.

War cabinets have sometimes been formed with a much smaller membership than the full cabinet.

From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.

The cabinet normally meets once a week in the cabinet room at Downing Street.

Conservatives

The Conservatives are a centre-right political party in the UK, founded in the 1830s. They are also known as the Tory party.

With a lower-case ‘c’, ‘conservative’ is an adjective which implies a dislike of change, and a preference for traditional values.