Hansard

Last year, Scottish Women’s Aid reached its 40th year. Its work, from local groups providing support and refuge for women and children who are facing domestic abuse through to its role as a national organisation pushing for political and societal change, has been instrumental in shifting attitudes. That includes the legal system and the police, which have both changed their response to domestic abuse. The difference in how we deal with domestic abuse today compared with how we dealt with it 40 years ago is clear and welcome.

There is no longer an acceptance that domestic abuse is a private matter, that it is the victim’s fault or that the victim could leave if they really wanted to. However, there is still work to be done and, as the bill recognises, there is a gap in the law. The reality facing victims throughout Scotland is that abuse in relationships is as much psychological and emotional in nature as it is physical. A person’s home becomes their prison, their actions are watched, they are cut off from their friends and family and they are at the mercy of their abuser—a person whom they used to love, or even still do. That is why we fully support the recognition of psychological abuse and coercive and controlling behaviour as a crime.

We very much support the general principles of the bill and there is much to welcome. I hope that the cabinet secretary will appreciate that I have only a brief seven minutes and I would like to use my time constructively to consider where we could possibly strengthen the bill. There are achievable ways in which we can make the bill stronger.

Domestic abuse has a devastating impact on the victim. We must also recognise that the impact can spread further than the intended victim and can often have a serious and long-term impact on children. Those children who witness domestic abuse are at increased risk of experiencing mental health problems, developing alcohol or substance abuse problems or entering into abusive relationships themselves. We do not want to be in the position in a few years’ time of considering the bill to have been a missed opportunity.

Scottish Women’s Aid and Children 1st argue that, at stage 2 or 3, we can ensure that the law recognises the damaging impact that domestic abuse can have on children. I appreciate the cabinet secretary’s response to Kezia Dugdale’s point this afternoon and his suggestion that the bill is not the appropriate vehicle for that, but I think that the issue will be tested at stage 2.

We need to appreciate the link between domestic abuse and the impact on any children the victims may have, especially but not exclusively younger children. It clearly has a significant impact on children if they witness physical abuse. If we consider the impact of controlling behaviour, where a mother’s movements are restricted and her finances and independence are constrained, we must not ignore the impact on her child, who will also suffer from those restrictions. As Scottish Women’s Aid highlighted in its briefing for today’s debate, women’s and children’s experiences of domestic abuse are “interwoven and inseparable”.

We must also consider the impact of domestic abuse when it comes to decisions about future contact. To inflict domestic abuse on another person is a choice. It is vital that that choice is strongly considered in any court decision to award or refuse contact to a parent who is guilty of abusing their partner or ex-partner. We must move away from the current situation in which evidence of domestic abuse does not play a significant part in contact decisions.

The move to insist that courts always consider the use of an NHO is welcome. I also look forward to the Scottish Government’s response on the use of emergency banning orders.

There was some evidence to the committee that incidents could be engineered or provoked to prevent child contact and that there might be a malicious element to that. However, there was very little substantive evidence about the extent of that. However, there were descriptions of contact orders being used to continue psychological abuse. I recognise that the Public Petitions Committee has recently discussed that issue and that the Government is reviewing relevant legislation. Although that issue is outwith the scope of this bill, it is important that the bill is consistent with other pieces of legislation and the on-going review.

Scrutiny of the bill’s detail will be important. We all want to see an effective bill, but context is also important, so our commitment is to roll out domestic abuse courts nationally. The domestic abuse court model works. It ensures that victims feel safe in coming forward and confident that their case will be taken seriously; it also helps in delivering convictions.

Sadly, in recent years, we have seen cases involving domestic abuse in which it was difficult to understand the judgment reached. Domestic abuse courts would ensure consistency and expertise. We should encourage models that can build specialism in this area.

The bill affords us an opportunity to put into statute a commitment to such a model. By doing so, we would not only show commitment to victims that we understand the fragile and complex nature of their cases but address some of the concerns that we have heard about the scope and the definition of the law.

Training for the judiciary is vital. I know that it is offered, but a degree of compulsion would be greatly beneficial.

Ultimately, we must have confidence that the bill and the subsequent law are clear and easily understood not just by lawyers and the judiciary but by those at risk of domestic abuse. The concerns that were expressed to the Justice Committee about the clarity of the new offence must continue to be addressed. Although there is much support for the bill, we should recognise that it will be tested and we must all be confident that it can achieve its objectives.

As the bill progresses, the Scottish Government must continue to work to put forward the case that the law is robust and clear in its objectives and that the new offence will deliver justice for victims.

Although stage 2 will test the bill, I have a level of confidence in the legislation in that sections 1 and 2 provide a series of thresholds and safeguards. Psychological damage cannot be trivialised. It must be, by its definition, serious or substantial. The bill must challenge, not normalise, actions that demean, humiliate, harm and control partners.

The bill can be only the latest stage in tackling domestic abuse. As the cabinet secretary said in his opening statement, the extent of the abuse is concerning. We must ensure that there is sufficient funding for advocacy services, refuge accommodation, counselling and one-to-one support, but many of those services are experiencing the strain of funding pressures, particularly at the local authority level. We know that there can be a postcode lottery when it comes to receiving support, especially in rural areas, so we must work to address that.

We will be fully supportive of the general principles of the bill in tonight’s vote, and we look forward to strengthening the bill as it progresses its way through Parliament.