A new law banning people who behave unacceptably on the railway could be introduced in Scotland.

A court can already order anti-social offenders not to travel by train or enter stations, but a new report says a ‘Railway Banning Order’ could be created by passing a new law, while the range of offences which could be dealt with out of court ‘quickly and proportionately’ could also be increased.

The report has been produced by the Rail Enforcement Powers Working Group, which reflects the views of rail operators, trade unions and the police.

The Group, which has made 11 recommendations altogether, considered the use of Fixed Penalty Notices, options for dealing with repeat offenders, protections for rail workers, dealing with young offenders and the effectiveness of existing railway byelaws.

One of the recommendations is an endorsement of the change made in June last year, when the complete alcohol ban on ScotRail, introduced as a reaction to the Covid pandemic, was replaced by more limited restrictions.

The Group also heard evidence from an ASLEF member about his and his colleagues’ experiences of antisocial behaviour, and the effect it can have on rail staff. The report records that it often begins with ‘low-level antisocial behaviour’, such as smoking on trains, drunkenness, verbal abuse of staff and vandalism. However, if such behaviour is not tackled it can escalate into ‘serious and violent incidents’.

The report adds that ‘further consideration of longer‑term options, such as enhanced protections for rail workers, measures to address repeat offending, and whether changes to primary or secondary legislation may be appropriate in the future’, although decisions on primary legislation ‘would be for the next administration to consider’.

Transport secretary Fiona Hyslop has now instructed her officials at Transport Scotland to determine how the recommendations can developed.

She 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.’

Scottish ASLEF organiser Kevin Lindsay said: ‘“It is excellent that Ms Hyslop 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 called for the Group’s conclusions to be applied beyond Scotland as well.

He said: ‘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.’

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