Hansard

I congratulate Pauline McNeill, who must feel quite feted tonight. I want to add to what has been a significant debate. As Gil Paterson—who is to be congratulated on his work on related issues—said, the Parliament, from its inception, has taken the issue seriously. We are doing our bit to raise public awareness, and all members who have contributed to today's debate are to be congratulated.

As Pauline McNeill and others have said, the debate was prompted by last year's Home Office-sponsored research report, "Drug Assisted Sexual Assault", which was written by the Metropolitan police. The report focused on English procedures and laws, but it was a valuable contribution to the sum of knowledge on the matter. We all welcome any material that helps to highlight the issues.

The report makes wide-ranging recommendations covering prevention, criminal process, the victim and society's attitudes. A number of the report's recommendations, such as those on basic procedures for treating victims, already apply in some form in Scotland. Not everything in the report is relevant to Scotland, but it is nonetheless important for us to keep those issues within our framework to ensure that we are pursuing that agenda.

I hope that it goes without saying that Scottish ministers condemn all types of sexual assault, no matter how it is perpetrated. I share Gil Paterson's analysis of the problem and his view that we should not get so fixated on how such crimes are committed that we forget about their inherent criminality. It is right that they should be treated seriously. The law does so by making drug-assisted crimes liable to the same heavy penalties as other forms of sexual assault.

The licensing and control of medicines is a reserved matter. Responsibility for that lies with the Medicines Control Agency. As with all drugs, the so-called date-rape drugs that are referred to in the report are subject to strict controls. I agree with Pauline McNeill's firm view that we must be careful about the language that we use and what is implied by terms such as date rape. Possession of Rohypnol without authority is an offence, and gamma hydroxybutyrate can be made available only by doctor's prescription. Any other method of sale or supply is a criminal offence. The Medicines Control Agency has issued public guidance warning of the dangers of those drugs, and I am sure that we all welcome that sensible move.

It is important to get across the right messages about being alert to potential dangers. That is particularly relevant when it comes to drugs, both in this context and generally. Scottish ministers approved the setting up of the drug misuse communications group, in accordance with our drugs strategy commitment to provide

"local … publicity campaigns and drug education materials."

That commitment is reaffirmed in the Scottish Executive's drugs action plan. The group met for the first time in January to agree its remit and membership and is in the process of carrying out an audit of current and planned drugs communication material, campaigns and activity. That will provide a base on which the group can plan its work to ensure that the issues that we are discussing today can be flagged up.

The group is currently looking at improving information targeted at young people and clubbers, which will include serious issues such as drug-assisted assaults of that nature. Of the new £100 million drugs expenditure package, £6.3 million has been earmarked for public awareness initiatives and we are consulting on the best way to spend that money.

There is a wide range of sexual offences both at common law and in statute. Rape and sexual assault are common-law offences; rape is always tried in the High Court. Both crimes can attract sentences of up to life imprisonment. Many members have referred to recent concerns about the law on rape, and Scottish ministers are aware of those concerns. Although it is not the purpose of today's debate to make specific reference to the case in question, let me make it clear that the Scottish Executive is determined that there should be confidence in the criminal justice system. As members know, the matter is currently with the Lord Advocate. Our sympathy lies with victims and we have solidarity with them. We want to ensure that they get fair hearings and that the law affords sufficient protection for all.

Work is in hand on the commitment to make proposals to change aspects of the law on evidence in cases of rape and other sexual offences to further protect the complainer. As members will know, a consultation exercise on proposals dealing with the cross-examination of a complainer by an accused person and the admissibility of certain aspects of evidence has recently been completed, and we have a commitment to legislate. Responses from and informal meetings with representatives of victim support groups and other interests will help to inform the development of any new policy and we shall continue to conduct such consultation. Further consultation on vulnerable witnesses will be produced later this year.

We also plan to announce shortly the new proposals for dealing with serious violent and sexual offenders, following on from the recommendations in the report of the MacLean committee, which was published in June 2000. We are also considering whether there are adequate protections from sexual assault for vulnerable people in the light of the Millan committee's review of the Mental Health (Scotland) Act 1984, which was produced in January 2001.

Members will be aware of continuing work by the Home Office on the review of sex offences in England and Wales. We will consider closely the outcome of the consultation for the review to see if there are any lessons to be learned for Scotland. Members will appreciate the differences between the legal systems; I am sure that everyone will understand that we will make appropriate laws for Scotland.

There is a need to ensure that the system cares for those who are the victims of the most appalling crimes. I mentioned the work that is in hand on proposals to change the law of evidence in sex assault cases. We have also said that some of the report's recommendations are already reflected in our strategy for victims.

We want to stress that the Scottish Executive is committed to action to support all victims of crime. The Scottish Executive granted over £2.2 million to Victim Support Scotland this year, specifically to help victims of sexual assaults. The aim is to promote a shared understanding of the needs of victims and a shared vision for the future provision of victims services. That is why we launched the Scottish strategy for victims on 16 January. I am sure that members will be aware of the continuing work on that. As has been mentioned, the police are usually the first point of contact in the criminal justice system for victims. It is important that victims are treated properly from the earliest encounter.

We emphasise the importance of tact and sensitivity in dealing with all victims of sex offences—that has long been recognised by the Scottish Executive and the police. In her excellent speech, Elaine Smith referred to the progress that has been made on that. I will not read out all the notes that I have about the guidance that has been issued to police and what the Scottish Police College has been doing on the matter. If any members want the details on that, I will be happy to provide them.

Pauline McNeill's speech, in demonstrating her commitment, asked the Executive to pursue a number of issues. I take her point that we must share this agenda. We are working on agencies sharing information—technology is assisting in that. We put the complainer's rights at the centre of the policy that we are moving forward. My understanding is that police have interview suites on sites and there are dedicated facilities in hospitals. Agencies are already working together.

Scottish ministers recognise public concern about drug-assisted sexual assault. We condemn all types of sexual assault. The in-depth report by DCI Sturman is a welcome addition to the body of knowledge. We take this seriously.

I thank Pauline McNeill for bringing this important issue to the attention of Parliament. It is at the heart of our equality drive to ensure that progress is made on issues such as this.

The Parliament and the Executive can work in partnership to ensure that we deliver for all people in Scotland, including victims of sexual assault.