'No guarantee' bus driver's killer will have free pass removed

The Scottish government has offered "no guarantees" that a teenager who killed a bus driver will not get a free bus pass when he is released from custody.

The case of Keith Rollinson, who died aged 58 after being attacked at Elgin bus station, was raised at Holyrood's transport committee as the government tabled plans to remove passes from misbehaving passengers.

A 15-year-old boy, who could not be named for legal reasons, admitted culpable homicide in 2024.

Connectivity Minister Jim Fairlie said he could not provide guarantees about Rollinson's case as he told MSPs the new rules would only apply to incidents that happened on buses, not at bus stations.

However, he said it was his "expectation" that people convicted of serious crimes would lose their passes.

The Conservatives described his comments as "shameful", while MSPs raised doubts about the effectiveness of the legislation and whether it can be approved before parliament breaks up elections.

In Scotland everyone under the age of 22 is given a free bus pass.

While the move has been welcomed by many, it has also coincided with concerns about anti-social behaviour.

The issue was raised at parliament last week by Scottish Conservative leader Russell Findlay, who had been speaking to Rollinson's widow Sue.

Findlay had asked for a guarantee that Rollinson's killer would have his pass removed.

Citing the case at the transport committee, Tory MSP Douglas Lumsden again asked for guarantees that the teenager - who could be released from secure accommodation this year - would not receive a free pass when he gets out.

Fairlie told MSPs it was "inappropriate and disrespectful" to talk about Rollinson, and said he could not give any guarantees relating to his case.

Lumsden later described that comment as an "affront" to Rollinson's family.

He added: "The public expect criminals to face consequences for their actions – not this pathetic handwringing by SNP ministers."

Fairlie had vowed last year to table secondary legislation that would allow Transport Scotland to suspend or withdraw free passes from misbehaving passengers.

However, the move was delayed again last month after Fairlie told the committee that an accompanying code of conduct for bus travel had not yet been completed.

Amid doubts that the legislation can be passed before parliament breaks up in March, the Conservatives accused the minister of giving a "masterclass in incompetence".

Tabling the legislation on Tuesday, Fairlie revealed that the code of conduct would only apply to behaviour on buses, and not at stands, stops or stations.

He said the legislative change - which will have to be approved by parliament - was designed to increase safety and would only target a "small minority of card holders who engage in anti-social behaviour".

The minister said the changes would act as a "deterrent", and that he hoped "very few, if any" people would actually have their passes removed.

He added that while the legal change would help protect passengers, it was not a "cure for anti-social behaviour across society".

Green MSP Mark Ruskell raised doubts that the rule change would be an effective deterrent.

He said: "This doesn't prevent violent and abusive people from getting onto buses.

"This just means that their entitlement card is suspended. They could quite easily walk onto a bus and pay a fare."

Labour MSP Monica Lennon said some Scots were "frightened" to go on a bus.

She said the government had "missed an opportunity" to impose stricter rules that would prevent criminals from getting free bus passes.

Lennon also accused some SNP MSPs at the committee of "mansplaining" parts of the proposed changes.

Convener Edward Mountain rebuked the government over the failure to table the legislation last month.

He said the draft code of conduct that had been provided was "poor", "unhelpful" and "raised more questions than answers".

The Tory MSP backed the principle of the code of conduct, but raised doubts that it could be adequately changed before parliament breaks up for the election.

Dougie Maguire, regional co-ordinator at Unite the Union, said drivers regularly faced a "warzone" situation on buses and in stations.

He told BBC Radio Scotland's Lunchtime Live programme he had heard reports of "on-bus smoking and vaping, spitting, graffitiing of seats, destroying seats by burning plastic on them and throwing bottles and various other weapons".

Maguire said that while the union supported the new legislation – and free travel for under-22s – more action was needed to improve safety.