Chamber
Meeting of the Parliament 16 March 2011
16 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Domestic Abuse (Scotland) Bill: Stage 3
These are important amendments. Following stage 2, two main issues were outstanding: the labelling of interdicts and interdicts protecting a girlfriend or boyfriend. Amendments 2 to 4 deal with both of those issues.
Amendment 2 amends the current section 3(1)(za), so that it refers to the determination by the courts being introduced by amendment 4. Amendment 4 then provides that someone who is obtaining an interdict or who has obtained an interdict may apply to the court for a determination that the interdict is a domestic abuse interdict. The court may make such a determination if the interdict protects the applicant against a person who is or was the applicant’s spouse, civil partner or cohabitant or who is or was in “an intimate personal relationship” with the applicant. The latter category is designed to protect girlfriends and boyfriends of the interdicted person.
As Rhoda Grant has said—and as we will all remember from stage 2, when she alluded to this—table 10 of the “Statistical Bulletin: Crime and Justice Series: Domestic Abuse Recorded by the Police in Scotland, 2009-10” shows that 11,379 incidents related to violence between partners. Some of those incidents may have occurred between civil partners, but it is likely that the majority of the people involved were not in a formal relationship. Therefore, after considering the matter carefully, the Government concluded that we agreed with Rhoda Grant that interdicts covering boyfriends and girlfriends should be covered by the bill. Scottish Women’s Aid overwhelmingly supports that position and has stated that it is vital that all those who are at risk of domestic abuse from their partner or former partner should be protected.
Amendment 4 attempts to deal with at least one of the issues that were identified by Bill Aitken and Robert Brown. We consider that “intimate” means that there is a close relationship, but it does not necessarily have to be of a sexual nature—it could be a close emotional relationship in much the same way that a relationship between spouses, civil partners or cohabitants does not have to be sexual.
Amendment 2 amends the current section 3(1)(za), so that it refers to the determination by the courts being introduced by amendment 4. Amendment 4 then provides that someone who is obtaining an interdict or who has obtained an interdict may apply to the court for a determination that the interdict is a domestic abuse interdict. The court may make such a determination if the interdict protects the applicant against a person who is or was the applicant’s spouse, civil partner or cohabitant or who is or was in “an intimate personal relationship” with the applicant. The latter category is designed to protect girlfriends and boyfriends of the interdicted person.
As Rhoda Grant has said—and as we will all remember from stage 2, when she alluded to this—table 10 of the “Statistical Bulletin: Crime and Justice Series: Domestic Abuse Recorded by the Police in Scotland, 2009-10” shows that 11,379 incidents related to violence between partners. Some of those incidents may have occurred between civil partners, but it is likely that the majority of the people involved were not in a formal relationship. Therefore, after considering the matter carefully, the Government concluded that we agreed with Rhoda Grant that interdicts covering boyfriends and girlfriends should be covered by the bill. Scottish Women’s Aid overwhelmingly supports that position and has stated that it is vital that all those who are at risk of domestic abuse from their partner or former partner should be protected.
Amendment 4 attempts to deal with at least one of the issues that were identified by Bill Aitken and Robert Brown. We consider that “intimate” means that there is a close relationship, but it does not necessarily have to be of a sexual nature—it could be a close emotional relationship in much the same way that a relationship between spouses, civil partners or cohabitants does not have to be sexual.
In the same item of business
The Presiding Officer (Alex Fergusson)
NPA
We move to the next item of business. While members are changing places, I inform them that they should have before them the Domestic Abuse (Scotland) Bill a...
The Presiding Officer
NPA
Amendment 1, in the name of Rhoda Grant, is in a group on its own.
Rhoda Grant (Highlands and Islands) (Lab)
Lab
Before I speak to amendment 1, I thank the minister and his civil servants for their help in lodging the amendments. It was very much appreciated and I hope ...
The Minister for Community Safety (Fergus Ewing)
SNP
I express my gratitude for the way in which Rhoda Grant has approached the necessary amendments to the bill from stage 2. We appreciate that, and our officia...
The Presiding Officer
NPA
Amendment 2, in the name of Rhoda Grant, is grouped with amendments 3 and 4.
Rhoda Grant
Lab
Amendment 2 will amend section 3(1)(za), so that it refers to the determination being granted under the new section that will be inserted by amendment 4. The...
Bill Aitken (Glasgow) (Con)
Con
There were always going to be definitional difficulties. There is no doubt that when we sat down to establish whether a route forward was ascertainable, it w...
Robert Brown (Glasgow) (LD)
LD
I agree with much of what Bill Aitken said. It seems to me that proposed new subsection (2)(d) in particular has distinct difficulties. First, despite Rhoda ...
Fergus Ewing
SNP
These are important amendments. Following stage 2, two main issues were outstanding: the labelling of interdicts and interdicts protecting a girlfriend or bo...
Robert Brown
LD
Would the amendment, therefore, cover relationships between brother and sister or parent and child as well as the other categories that the committee was car...
Fergus Ewing
SNP
That is not our intention in respect of amendment 4. We have framed the wording carefully to cover boyfriends and girlfriends.
Stewart Maxwell (West of Scotland) (SNP)
SNP
The committee was concerned about the problem that could be associated with extending the definition to boyfriends and girlfriends, which Robert Brown has ju...
Fergus Ewing
SNP
As I said, that is not our intention. As members will appreciate, the drafting has been framed carefully by the Scottish Government legal department, with ad...
Robert Brown
LD
The minister said earlier that the wording covered not necessarily sexual relationships but perhaps emotional relationships. I am at somewhat of a loss to un...
Fergus Ewing
SNP
We believe that it covers boyfriend and girlfriend situations. We accept that the wording that we have come up with covers a wide variety of relationships. U...
Rhoda Grant
Lab
I concur with what the minister said. The only thing that I would add concerns what Robert Brown said about latitude in the amendment. We have not defined do...
The Presiding Officer
NPA
That ends consideration of amendments.