NEARLY four years ago the then minister for transport in the Scottish government responded to a written question from Richard Leonard MSP, in which Richard sought to establish what the government’s intentions were around legal protection for rail workers facing increased levels of abuse.

The minister, Jenny Gilruth MSP, responded that, while existing legislation or current common law provisions around breach of the peace, could cover those who threated or abused rail workers, the Scottish government was considering primary legislation to create a new offence, and that this was being “explored within our deliberations.”

Conversations with the justice team were under way, trade union consultation too, and all “possible legal options” would be explored.

That was on April 28 2022.

As we come to the end of the current Scottish parliamentary session, with elections due on May 7 for the next five-year term, no new legislation has been introduced.

For shopworkers in Scotland a law passed in 2021 made it a specific criminal offence to assault, threaten, abuse or obstruct or hinder retail workers, with offenders facing up to 12 months’ imprisonment, a fine of up to £10,000, or both.

Last year, the Scottish government convened a working group with the rail unions, operators, British Transport Police (BTP) and other industry stakeholders to assess the current measures available to protect against violence and abuse on the railway and make recommendations to ministers about where these could be improved and strengthened.

Cabinet Secretary for Transport Fiona Hyslop MSP recently confirmed in the Parliament that the group was looking at stronger legal protections.

Meanwhile assaults on rail staff and staff working in the transport sector in general are on the increase. The RMT will be making representations in the Scottish Parliament this week, as part of their Action Against Assaults campaign, and seeking assurances from all political parties via manifesto commitments that specific legislation will be brought forward, at the earliest opportunity following the elections in May, to provide additional protection for all transport workers.

Of course this is not the whole answer to tackling rising levels of violence on our trains, buses and ferries, but it would send a clear message that the issue is being taken seriously.

The Scottish railways policing committee, a subcommittee of the British Transport Police Authority, recorded an increase of over 40 per cent in assaults against Scottish rail workers for the period April to September 2025, compared to the same period in 2024.

They also record an increase in sexual offences against staff and passengers, although BTP reports suggest that this is in part due to increased confidence in the reporting procedure and in cases being successfully resolved, with charges laid against perpetrators.

The experience of women staff deserves particular attention. The RMT conducted a survey in 2024 of its own women members working in public transport in Scotland, which includes ferry services, This found that 70 per cent said they had experienced workplace violence in the preceding year, and of those, nearly 85 per cent said it had happened more than once.

The Scottish Women’s Convention, a Scottish government-funded body with a remit to engage with women across Scotland, also conducted a transport survey in 2024. This was summarised as follows:

“Women explained that transport was becoming increasingly expensive, while simultaneously reducing in quality. They stated that poor transport had prevented them from accessing public services and employment, reducing their overall wellbeing. This was a particular issue for women living in rural locations and disabled women, however, was mirrored by women across Scotland. Women also stated that they do not always feel safe on public transport, believing that the loss of public transport staff had resulted in a dangerous situation for users.”

Since the early days of the Scottish Parliament, following consultation with women initiated by the transport minister at the time, Sarah Boyack MSP, guidance was drawn up around women and transport. The same issues arose then.

Trade unions, along with passenger organisations and women’s and disability campaigns in Scotland, made representations to ScotRail and to Scottish government when station booking office hours were reduced across the Scottish rail network last year.  

RMT will continue to campaign for increased staffing levels, and for an end to lone working, which has become far too common a practice.

Increased use of CCTV and of body-worn cameras has been rolled out on the rail network, and while possibly assisting in successful prosecution rates, this does not prevent the abuse and assaults taking place. Nor is it acceptable if the extension of CCTV and body-worn cameras is used as a justification for lone working or insufficient staffing levels.

Trade unions have also pointed out that any reduction in the BTP budget reduces the capacity of the police to respond quickly to incidents. Scotland has its specific needs across an extensive rural network, and with resources frequently concentrated in the central belt, passengers and staff are not getting the service they deserve.

The Scottish railways policing committee has itself raised concerns about budget cuts and recruitment freezes, and has made representation for additional funding to the current Cabinet Secretary for Transport, Fiona Hyslop MSP, and to Transport Scotland, as well as arguing within BTP for a greater allocation to Scotland.

As abuse and threatening behaviour increase against our transport workers, the environment also feels (and is) less safe for passengers. A specific offence which could act as a deterrent is needed, with no more delay.

Tackling abusive behaviour and violence against transport workers is a serious workplace issue, with a particular impact on women. There are steps to be taken on staffing levels, on ending lone working, on adequate investment in both the Scottish Police service and the BTP which recognises the needs of communities and workers in rural Scotland, and on bringing forward additional legislation.  

And whoever makes up the next Scottish Parliament and government, these concerns need action, not more consultation.

The RMT Action Against Assaults event takes place inside the Scottish Parliament on Wednesday February 11 from 1pm, followed by a photocall and lobby outside the Parliament building at 2pm.