The Scottish Government has accepted in full a package of recommendations aimed at strengthening enforcement powers and improving safety on Scotland’s railway, following publication of the Rail Enforcement Powers Working Group’s final report.
The report brings together views from across the rail industry, including operators, trade unions and police, to assess how existing powers are being used and where they could be strengthened to better tackle antisocial behaviour on trains and at stations.
The Working Group examined the use of Fixed Penalty Notices, approaches to repeat offending, protections for rail staff, youth justice measures and the effectiveness of existing railway byelaws. In total, it makes 11 recommendations, several of which are already being progressed.
Actions underway include lifting the previous blanket alcohol ban on ScotRail services and replacing it with time-limited restrictions, alongside legislative steps to increase the level of Antisocial Behaviour Fixed Penalty Notices and widen the range of offences that can be dealt with quickly and proportionately out of court.
Officials have also begun work to ensure enforcement powers are applied more consistently, with closer partnership working between ScotRail, local authorities and the police. Longer-term options under consideration include enhanced legal protections for rail workers, measures to address repeat offenders and potential changes to primary or secondary legislation. Decisions on any new primary legislation would fall to the next administration.
Cabinet Secretary for Transport Fiona Hyslop said:
“Everyone who uses or works on Scotland’s railway has the right to feel safe. This report is a focused and constructive piece of work, developed with partners across the rail industry and justice system, and it provides a clear basis for strengthening how antisocial behaviour is tackled.
“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. This collaborative approach is essential to delivering a safer and more welcoming railway for passengers and staff.”
Transport Scotland will now coordinate detailed legal, financial and policy analysis to determine how the remaining recommendations can be delivered. Some measures can move ahead through operational collaboration, while others will require further consideration in light of legislative and budgetary constraints.
Trade unions have welcomed the response. Kevin Lindsay, Scottish Organiser for ASLEF, said:
“It is excellent that Ms Hyslop, MSP, Scottish Transport Secretary, has accepted 11 recommendations of the joint working party. Once these 11 recommendations are enacted on Scotland’s railway will be an even safer place for staff and passengers. This joint approach is refreshing and is a footprint for future to enable us all to deliver for the rail passengers of Scotland.”
RMT General Secretary Eddie Dempsey added:
“We welcome the Cabinet Secretary’s acceptance of all the group’s recommendations, including the crucial call for the Scottish Government to explore new legislation creating a standalone offence of assaulting a rail worker at work.
“RMT has 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.
“The UK government should also take inspiration from this progress and bring forward its own legislation to protect workers south of the border.”
British Transport Police also endorsed the outcome. Chief Superintendent Lorna McEwan, Divisional Commander – BTP Scotland, said:
“This is an extremely positive outcome and a significant milestone for everyone committed to improving safety across Scotland’s rail network. We fully welcome the recommendations of the Working Group and look forward to supporting their implementation in the months ahead. My sincere thanks go to all our partners for their hard work, collaboration, and dedication throughout this process. Together, these steps will strengthen the safety of the travelling public, and rail staff, and reinforce our shared commitment to keeping Scotland’s Railway’s safe for all.”
ScotRail Chief Operating Officer David Ross said:
“The railway is safe for customers and staff, and these proposals will make it even safer.
“We work very closely with the British Transport Police to create a safe environment and take a zero-tolerance approach when faced with unacceptable behaviour from a very small minority of passengers. From our expansive CCTV network to the Travel Safe Team, we continue to take action to keep people safe.
“We’ll work with Transport Scotland, trade unions, and the police to develop these proposals further to deliver an even safer railway for our customers and staff.”
The report signals a coordinated effort to sharpen enforcement, strengthen protections for frontline staff and ensure Scotland’s railway remains a safe and welcoming environment for passengers.
