Hansard

As a member of the Justice Committee, it gives me great pleasure to speak about the bill. As we have heard, the bill builds on the important legislation that came into force last year, which gives the police and prosecutors the powers to ensure that those who participate in coercive or controlling behaviour are held accountable for their actions. Make no mistake: such behaviour is domestic abuse, and it is now treated as such.

Case numbers are going up, but that should not be surprising. That may not necessarily represent higher prevalence; rather, people may feel more able to report such behaviour, and there is a clear message from the Government and society that it will not be tolerated. We should welcome that.

The bill will offer additional protection to those who are at risk of domestic abuse, especially in cases in which the person is living with the abuser. A person should feel safe in their own home. During these times of lockdown, when we cannot leave our homes, the bill could not be more timely. More money and restriction exemptions have been put in place to support those who are suffering, but the reality still remains that lockdown negatively impacts victims of domestic abuse. Options to move in with other family or friends may not be as readily available as they usually would be because of concerns about household mixing and virus transmission. People may be unclear about whether they can leave a situation, or they may even be told by an abuser that they cannot do so. Kids are not in school—we have already heard about that from Rona Mackay—and, of course, there is massive strain on our emergency services. All of that means that many victims are, even more than is usually the case, suffering in silence.

The bill will apply to all those who are at risk of domestic abuse. However, we know that women are disproportionately affected: they represent around 80 per cent of victims.

The Scottish Government is determined to protect everyone from domestic abuse and, at the same time, it will continue to implement the equally safe strategy, with a focus on supporting women and children who are at risk of abuse. With the bill, the police and the courts will gain powers to remove suspected abusers from victims’ homes and ban them from re-entering them.

If the bill passes, it will bring into force a domestic abuse protection order that allows courts to impose requirements on suspected perpetrators. It will allow for the removal of a suspected perpetrator where they share a home with someone at risk, and contact will no longer be allowed.

The bill also provides a power for the police to, where necessary, impose a very short-term domestic abuse protection notice ahead of applying to the court for a DAPO. The DAPN is intended to be very short term in its effect, lasting until the court reaches a decision about whether to impose a DAPO or an interim DAPO. The bill proposes that a DAPO could last for up to three months in total. In committee, we heard from witnesses who supported that, including Scottish Women’s Aid, the Scottish Women’s Rights Centre and Professor Mandy Burton of the University of Leicester, who all believe that there is a need for new powers, as, in their view, a gap exists in the protection afforded to women under existing powers.

Another groundbreaking aspect of the bill is that it will give social landlords the power to end or transfer the tenancy of a perpetrator of domestic abuse to prevent a victim from becoming homeless and enable victims to remain in the family home. Tenants who are affected by domestic abuse should not have to leave their family home—we all agree on that. However, it is often the case that children are also shared in such a situation, which makes it harder for someone to find suitable accommodation, and the upheaval can be deeply traumatic on top of what has already taken place. It is recognised that, by allowing for a transfer of tenancy, victims and their families will be able to stay in their home without having to seek temporary accommodation or declare themselves homeless. Many victims stay in a relationship with their abuser because they have nowhere to go and cannot fathom the ordeal of leaving their home and finding suitable accommodation. That part of the bill will help put a stop to that situation and help redress an imbalance that has been around for some time.

As we have already heard, however, there are issues to be discussed further at committee. It is fair to say that the bill as it stands is not the finished article; every speaker, including the cabinet secretary, has reflected on that today.

Concerns have been raised about the suggested evidential threshold that would enable a domestic abuse protection order or a domestic abuse protection notice to be made. As we heard, the justice secretary has confirmed that a Scottish Government-led board will be established to ensure the effective implementation of proposed new measures to protect victims of domestic abuse.

We have also heard concerns from several speakers about significant operational and resourcing challenges for Police Scotland. I am delighted that the cabinet secretary has indicated that there will be on-going engagement with Police Scotland on those issues, because, from the evidence that we heard—[Inaudible.]—would be required.

Shared Parenting Scotland, as well as the convener and others, have raised concerns about the bill’s compatibility with human rights, including the concern that an alleged perpetrator who is subjected to a DAPN or DAPO may not have actually committed an offence. Those who have those concerns can be reassured that they have been heard and considered by the committee, but they should also understand that we need to balance those concerns against the possibility of not doing more to protect victims and the devastating consequences that can occur when we do not act decisively. Much as with the previous domestic abuse legislation that the Justice Committee considered, it is important for people to know that the committee takes into account all those issues, but we have to have—[Inaudible.]—when doing that.

Scottish Women’s Aid has played an instrumental role in the development of the bill and has made recommendations to members to improve it further. Those include strengthening the definition in section 1 on the application of DAPNs and including in section 4 a more robust duty to actively seek the views of women and, where practicable, children, as well as adding appropriate wording around the test and the thresholds on imminent risk. In section 8, it recommends adding a more robust duty to actively seek the views of children and including the need for consent of women, and an amendment to the categories of applicant for a DAPO. In sections 9, 13 and 18, it recommends extending the duration of DAPOs to allow section 18 proceedings to conclude—we have heard concerns about that, as Liam McArthur pointed out. I welcome the cabinet secretary’s engagement with Scottish Women’s Aid on those issues. Given that group’s expertise in the area, I think that we need to consider all those suggestions very carefully as we move the bill through Parliament.

I am not sure of my time, because I am at home and have not set a clock—my apologies. I conclude by saying that I am confident that the bill will make much-needed changes to the lives of victims of domestic abuse, and I urge members to support its general principles at decision time.