Hansard

I, too, thank the clerks, SPICe researchers and witnesses who assisted the committee in arriving at its report on the Domestic Abuse (Protection) (Scotland) Bill at stage 1.

The Scottish Labour Party supports the general principles of the bill. Women and families who face domestic abuse need protection. Yet, too often, it is left to them to flee their homes and find their own protection through the courts, at their own cost, and often with very little knowledge of the justice system. They are often afraid to do so in case it triggers more violence. The point at which a relationship is over is often the most dangerous for victims of domestic abuse, and it is frequently the time at which such abuse can result in murder. It is wrong that victims of domestic abuse should have to organise their own protection. Our criminal justice system should be there to protect people, and that should mean everyone. It is a sad reflection on our society that that currently does not happen for victims of domestic abuse.

Proving such abuse is difficult, because it is hard to identify. By its very nature, it is an offence that is carried out in private, within the family home. It is seldom witnessed and can take many forms. Sadly, despite the work of the Parliament and subsequent Governments, we have still not seen an end to such abuse, and the bill provides the opportunity to put in place another form of protection. It is not a new concept; such orders are used the world over to provide additional protection. It is therefore disappointing that the bill is a bit of a dog’s dinner. It feels as though whoever designed it did not really understand the systems that exist or the very nature of domestic abuse. I sincerely hope that the Parliament will be able to make the bill workable as it makes its way through stages 2 and 3.

Domestic abuse has a detrimental effect on a child’s life: their resilience and self-esteem are damaged, as are their life chances. They do not even need to witness or experience it themselves—the tension and fear that surround them create fear and insecurity within them. Although children are offered protection under the bill, it is attached to their parent. I truly believe that children must have access to such protection in their own right. The NSPCC in Scotland has reported a 30 per cent increase since last April in referrals made to agencies regarding children in abusive households. That comes at a time when children are more isolated—they are trapped in abusive households, without the respite and support that going out to school brings.

The incidence of domestic abuse has increased, therefore its impact on children has increased. If children are contacting agencies for support when they witness such abuse at home, surely they themselves should be entitled to protection and to have the abusive parent removed, as happens in other countries such as Australia and New Zealand. Such a measure is not often used, but it can be another protection for children.

The nature of domestic abuse is such that the victim often covers up the crime, either because they fear retribution or because of their total lack of self-esteem, which has been systematically removed by their abuser. Therefore it is important that all victims have a right to such protection.

The issue of how domestic abuse protection notices interact with other measures, such as home detention orders or child custody orders, needs to be clarified in the bill. Such notices are an emergency intervention: they require no judicial oversight and can be put in place by senior police officers. The legislation therefore needs to be very clear about how and when notices will take precedence over other orders, especially those handed down by courts. It is right that notices have precedence in an emergency, but that needs to be made clear in the bill. If a domestic abuse protection order is subsequently sought, there will be oversight by a sheriff and during the court process steps can be taken to resolve any conflicts with other orders that might occur.

For instance, if the subject of a domestic abuse protection notice is also the subject of a home detention order, there will need to be a mechanism for their home base to be changed for the purposes of implementing that order. Some witnesses said that the imposition of a notice might indicate a breach of a home detention order, which might then necessitate the perpetrator’s return to prison. However, given that a notice is issued only where there is no proof of a crime to enable the subject of the notice to be arrested, charged and held in custody, I am unclear about how that could be considered a breach of a home detention order.

There are also child custody arrangements which may have been imposed through a court. We need to clarify how they interact with notices. We often hear of terrible cases where child custody and access rights are imposed by the court which leave the victims of domestic abuse in life-threatening situations.

Access arrangements are often used to continue the abuse and children are used as weapons, which damages not only the victim but the children. That is yet another reason for a child to have those protections in their own right.

That all needs to be very clear on the face of the bill. It needs to be clear that those notices and orders take precedence over any contact or custody rights of the person who is subject to them.

Notices and orders also bar someone from entering their own home. There is a reason for that. Too often, we see the victim of domestic abuse and their children having to flee their home and become homeless. The bill will help to ensure that they can remain in their own home. However, the bill is unclear on what steps will be taken to ensure that the subject of the notice has access to housing immediately if they have nowhere else to go. That is important, especially if they are subject to a home detention order that keeps them at that home; it is also important to avoid homelessness. It is also right that the abuser is forced to leave their home because that allows the person who is being abused to remain at home with their family.

The bill is necessary, but the framing has not been well thought out. I hope that the committee, working with the cabinet secretary, can put that right at stage 2 because, if it is in good order, the bill will provide a lifeline to victims of domestic abuse.