Chamber
Meeting of the Parliament 28 January 2016
28 Jan 2016 · S4 · Meeting of the Parliament
Item of business
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
I misspoke or Christine Grahame misheard. I do not imagine that a judge would tell the jury how to weigh the evidence but that they would at least explain the context so that the jurors could make that appraisal for themselves.
It is to be welcomed that sexual offences that are committed in England will be able to be prosecuted in Scotland. That removes the legislative barriers in relation to that.
I also welcome the reform of the system of civil orders that are available to protect communities from people who may commit sexual offences. I look forward to the committee examining the implications that arise from that.
The Scottish Government consultation “Equally Safe: Reforming the criminal law to address domestic abuse and sexual offences” said much about the levels of support for each of the elements that are proposed in the bill. Although I am not a great one for supporting an “X Factor” approach to percentage support for various proposals, there is no doubt that there is a general acceptance among the public that legislation is necessary and should have an impact.
Over the years that I was a police officer, nothing was more soul destroying than seeing families suffer from domestic abuse and the impacts of sexual assault. I am glad that the Government is taking the approach in the bill.
16:51In the same item of business
The Deputy Presiding Officer (Elaine Smith)
Lab
The next item of business is a debate on motion S4M-15441, in the name of Michael Matheson, on the Abusive Behaviour and Sexual Harm (Scotland) Bill. I invit...
The Cabinet Secretary for Justice (Michael Matheson)
SNP
I thank the Justice Committee, the clerks to the committee and the people who gave evidence during stage 1 scrutiny of the Abusive Behaviour and Sexual Harm ...
Margaret Mitchell (Central Scotland) (Con)
Con
Will the cabinet secretary confirm whether the research to which he refers includes actual jurors?
Michael Matheson
SNP
The member may have misheard the point that I made. It was about research into how people react during a sexual offence or after such an offence has been com...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
The committee would very much welcome that change, as it was one of the committee’s recommendations. I think that there would have been issues with the Europ...
Michael Matheson
SNP
The intention was always that the individual would have the right to make representations. To put the matter beyond any doubt, we are considering whether the...
The Deputy Presiding Officer
Lab
Cabinet secretary, will you draw to a close?
Michael Matheson
SNP
I welcome the committee’s support in its stage 1 report for the general principles of the bill. I move, That the Parliament agrees to the general principle...
The Deputy Presiding Officer
Lab
Many thanks. I reiterate to members that there is no spare time in the debate. I call on Christine Grahame to speak on behalf of the Justice Committee. You ...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
I am pleased to speak on behalf of the Justice Committee, which has scrutinised the Abusive Behaviour and Sexual Harm (Scotland) Bill. I thank our witnesses ...
Elaine Murray (Dumfriesshire) (Lab)
Lab
I thank the clerks, as well as the witnesses who gave written and oral evidence at stage 1. Two parts of the bill were more contentious than the rest: judi...
Margaret Mitchell (Central Scotland) (Con)
Con
The Abusive Behaviour and Sexual Harm (Scotland) Bill is an important piece of proposed legislation, which seeks to address hugely vexing, emotive and, in so...
The Deputy Presiding Officer (John Scott)
Con
We now move to the open debate. I ask for four-minute speeches, as we are tight for time. 16:04
Gil Paterson (Clydebank and Milngavie) (SNP)
SNP
I rise to speak to one of the most significant sections of the bill: that relating to statutory jury directions in relation to sexual offences. I declare an...
The Deputy Presiding Officer
Con
Please draw to a close, Mr Paterson.
Gil Paterson
SNP
I have been asked to wind up, so I will just say that we need to educate jurors. Juries must have an open mind and judges giving jury directions will help to...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
I welcome the bill. I will take each of its six main proposals in turn. I support the introduction of a domestic abuse aggravator, which will allow the rele...
The Deputy Presiding Officer
Con
The member must draw to a close, please.
Malcolm Chisholm
Lab
Time is running out. There is a great deal in the bill about the civil orders, and a little bit less about sexual offences committed elsewhere in the UK, but...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP)
SNP
A person knows what sexual and domestic abuse are if they have been a victim of either, but refining a specific set of criminal offences that can bring about...
Alison McInnes (North East Scotland) (LD)
LD
I am pleased to speak after Christina McKelvie, as I know that she has campaigned long and hard on the issue, as I have. I thank the Government for introduc...
The Deputy Presiding Officer
Con
You should draw to a close, please.
Alison McInnes
LD
There are worryingly prevalent views, and if that is the picture across Scotland, it will be in jurors’ minds in the courtroom as they hear evidence and will...
Christian Allard (North East Scotland) (SNP)
SNP
I add my thanks to the Justice Committee team—the clerks and members of the committee—for putting together the stage 1 report, and I thank the Scottish Gover...
The Deputy Presiding Officer
Con
You must close, please.
Christian Allard
SNP
I remind members that organisations such as Zero Tolerance, Rape Crisis Scotland, the Women’s Support Project, Scottish Women’s Aid, White Ribbon Scotland, E...
Margaret McDougall (West Scotland) (Lab)
Lab
The Abusive Behaviour and Sexual Harm (Scotland) Bill is vital legislation that has been introduced to improve how the justice system responds to abusive beh...
Roderick Campbell (North East Fife) (SNP)
SNP
I refer members to my entry in the register of interests, which says that I am a member of the Faculty of Advocates. The bill contains six distinct elements...
Hanzala Malik (Glasgow) (Lab)
Lab
It is with interest that I speak about the Abusive Behaviour and Sexual Harm (Scotland) Bill, which aims to bring Scottish law up to date with changes in soc...
John Finnie (Highlands and Islands) (Ind)
Ind
I, too, thank the witnesses for their thought-provoking written and oral evidence. I hope that they are reassured by the stage 1 report that their comments w...