Meeting of the Parliament (Hybrid) 15 June 2022
I take the member’s point. I have some statistics, if I have time to find them. It seems that the crime rate is very low. The information that I have received from the War Memorials Trust says that 0.04 per cent of war memorials are damaged in the way that Ms Gallacher has described. However, I also accept that it is a particularly distressing crime. I will go on to speak about the legislative approach in a moment.
I turn to the distressing subject of vandalism, including the incidents that have been referred to already. The recent petition that has been submitted on behalf of the friends of Dennistoun war memorial urges the Scottish Government to introduce stronger legislation that would recognise the desecration or vandalism of war memorials as a criminal offence.
I hear the heartfelt concerns of the group and, indeed, of some of the speakers this evening. I reassure members that the Scottish Government continues to recognise the importance of Scottish war memorials in ensuring that those who gave their lives in conflict are not forgotten.
Vandalism is a crime, regardless of the motivations for it, and the Scottish Government condemns all acts of malicious vandalism and graffiti. Such behaviour is unacceptable in modern Scotland and those indulging in it can expect to face criminal charges.
I will say a little more about the current legal provisions that relate to vandalism. Under the vandalism provisions that are contained in the Criminal Law (Consolidation) (Scotland) Act 1995,
“any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism”
and liable to a fine of up to £1,000. Furthermore, the Antisocial Behaviour etc (Scotland) Act 2004 enables the police to issue on-the-spot penalties to people who are suspected of lower-level offences such as graffiti.
Additionally, depending on the circumstances, a common law charge of breach of the peace could be used to deal with those who are involved in the desecration of statues and monuments. Such individuals may also fall foul of the Criminal Justice and Licensing (Scotland) Act 2010 if they are involved in threatening or abusive behaviour that causes fear or alarm, for which an individual can be fined or receive a prison term of up to five years.
The Scottish Government supports police and prosecutors in using the existing powers that are available to them in dealing with incidents of vandalism that affect war memorials. However, we are open to considering the matter further, including whether it would be appropriate to introduce additional legislation to protect war memorials.
I thank Meghan Gallacher for bringing the debate to the chamber, and I welcome the views that have been expressed from members of all parties, which have been helpful in raising the profile of an important issue. I will reflect on the points that have been made tonight, and on those made in the petition from the friends of Dennistoun war memorial.
Meeting closed at 18:57.