Chamber
Meeting of the Parliament 22 March 2016
22 Mar 2016 · S4 · Meeting of the Parliament
Item of business
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 3
I, too, pay tribute to Margaret Mitchell’s persistence in this matter—she has been rewarded at last.
The recent judicial review vindicated the position that Margaret Mitchell and I took on the issue of representation at the stage of recovery of documents. I am pleased that the cabinet secretary set out clearly—at the committee and in written answers to me—the Government’s acceptance that it had been wrong in law by refusing legal aid in such circumstances. An injustice has been addressed.
Margaret Mitchell’s amendment 30 rightly addresses the need to raise awareness of the change of approach. It is a very modest amendment: its provisions are not onerous on the Government but could make a dramatic difference to the protection of victims of sexual offences. Sadly, we know that, too often, attempts by the defence to discredit witnesses by accessing their medical records have devastating results. I hope that the cabinet secretary will be able to support the amendment.
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is stage 3 proceedings on the Abusive Behaviour and Sexual Harm (Scotland) Bill. In dealing with the amendments, members should hav...
The Deputy Presiding Officer
Con
Amendment 3, in the name of Margaret McDougall, is grouped with amendments 4 to 14.
Margaret McDougall (West Scotland) (Lab)
Lab
Currently, the bill covers only the sharing of photographic images and film. Amendments 3 to 14, in my name, which are supported by Scottish Women’s Aid and ...
John Finnie (Highlands and Islands) (Ind)
Ind
I support the amendments in the name of my colleague Margaret McDougall. There is a gap in the bill that needs to be plugged. Margaret McDougall narrated ...
Alison McInnes (North East Scotland) (LD)
LD
I do not support Margaret McDougall’s amendments; I did not support them at stage 2 and I do not believe that she has made her case. There is a danger of dra...
Roderick Campbell (North East Fife) (SNP)
SNP
As far as future proofing is concerned, I like to think that the impact of the legislation will be kept under review and, if necessary, consideration will be...
The Cabinet Secretary for Justice (Michael Matheson)
SNP
Amendments 3 to 14 would expand the scope of the intimate images offence at section 2 to cover intimate sound recordings and intimate written communications....
John Finnie
Ind
The cabinet secretary must have more faith in the Crown Office and Procurator Fiscal Service and, indeed, in the reporter system. It is a question of proport...
Michael Matheson
SNP
That is precisely the point that I am making and that is the danger with the amendments in the group and how they could be interpreted. That is why we do not...
Margaret McDougall
Lab
I thank John Finnie for his support for my amendments. I know that the sending of abusive messages is a criminal offence, but the same does not always apply...
The Deputy Presiding Officer
Con
The question is, that amendment 3 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
Con
There will be a division. This is the first division of the afternoon, so there will be a five-minute suspension. 14:30 Meeting suspended. 14:35 On resuming—
The Deputy Presiding Officer
Con
The question is, that amendment 3 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
Con
There will be a division. For Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Baxter, Jayne (Mid Scotland and Fife) (Lab)...
The Deputy Presiding Officer
Con
The result of the division is: For 34, Against 71, Abstentions 0. Amendment 3 disagreed to. Amendment 4 moved—Margaret McDougall.
The Deputy Presiding Officer
Con
The question is, that amendment 4 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
Con
There will be a division. For Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Baxter, Jayne (Mid Scotland and Fife) (Lab)...
The Deputy Presiding Officer
Con
The result of the division is: For 34, Against 68, Abstentions 0. Amendment 4 disagreed to. Amendment 5 moved—Margaret McDougall.
The Deputy Presiding Officer
Con
The question is, that amendment 5 be agreed to. Are we agreed? Members: No.
The Deputy Presiding Officer
Con
There will be a division. For Baillie, Jackie (Dumbarton) (Lab) Baker, Claire (Mid Scotland and Fife) (Lab) Baxter, Jayne (Mid Scotland and Fife) (Lab)...
The Deputy Presiding Officer
Con
The result of the division is: For 34, Against 69, Abstentions 0. Amendment 5 disagreed to. Amendments 6 to 12 not moved.
The Deputy Presiding Officer
Con
That takes us to group 2. Amendment 29, in the name of Dr Elaine Murray, is the only amendment in the group.
Elaine Murray (Dumfriesshire) (Lab)
Lab
Amendment 29 is similar to my stage 2 amendment 4, which I lodged but did not press after agreement to discuss its intention further with the Cabinet Secreta...
Margaret Mitchell (Central Scotland) (Con)
Con
I have some sympathy with the intention behind amendment 29, but I have real concerns about the definition of “public place”, and about how distribution, wit...
Michael Matheson
SNP
Amendment 29, in the name of Elaine Murray, seeks to close a potential loophole in the operation of one of the defences to the intimate images offence. We ar...
Elaine Murray
Lab
To answer Margaret Mitchell’s point, the cabinet secretary made it clear that a public place is where “members of the public were present”. Unless it was a...
The Deputy Presiding Officer
Con
The question is, that amendment 29 be agreed to. Are we all agreed? Members: No.
The Deputy Presiding Officer
Con
There will be a division. For Adam, George (Paisley) (SNP) Adamson, Clare (Central Scotland) (SNP) Allan, Dr Alasdair (Na h-Eileanan an Iar) (SNP) Al...
The Deputy Presiding Officer
Con
The result of the division is: For 96, Against 0, Abstentions 12. Amendment 29 agreed to. Amendments 13 and 14 not moved. After section 6
The Deputy Presiding Officer
Con
We come to group 3. Amendment 30, in the name of Margaret Mitchell, is the only amendment in the group.