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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
McKelvie, Christina SNP Hamilton, Larkhall and Stonehouse Watch on SPTV

On 11 September 2013, I led a members’ business debate on the sensitive subject of revenge porn. It was then the subject of a new campaign by Scottish Women’s Aid and not many people had heard about it. I thank colleagues across the chamber for supporting that debate because, until it came to the chamber, we had not spoken about revenge porn and, if we had not done so, we would not be where we are today.

I opened that debate by talking about the history of domestic abuse. It was not recognised or spoken about in decades gone by. In fact, while the women’s suffrage movement was active, it was promoted as a way to keep in line those upstart women who sought the vote. We have now moved on, but domestic violence is still very much a blight on our lives and the bill seeks to address that fact.

I commend the work of the Parliament over many years to tackle domestic violence. I offer Malcolm Chisholm my good wishes and thanks. He has worked for many years on the issue, as we have heard, and has co-chaired with me the cross-party group on domestic violence. I give him every best wish that I can and thank him for all that he has done and for everything that I have learned from him. I thank him especially for the support that he has given me during the campaign to ensure that the sharing of intimate images becomes a criminal offence. I say to him that we are realising that aim today. [Applause.]

I also thank Alison McInnes for her support because, without the cross-party support that we have had in the Parliament over many years, we would not be discussing this good bill.

As we all know, an image can go viral on social media within minutes. As I said in the debate that I held a few years ago, revenge porn is every bit as abusive as any other type of domestic violence. Freedom of speech and the freedom to protest cannot be translated into cyberabuse. Such actions are exploitative and very cruel. They ruin lives, cost people their jobs, take away self-respect and take away somebody’s dignity. In some cases, people have taken their own lives.

Many key aspects of the bill bring me great comfort. I hope that that applies to all the organisations with which we have worked over the years, such as Rape Crisis Scotland, Scottish Women’s Aid and Zero Tolerance—I make no apology for mentioning them all again. They expect us to do something about the issue, given the work that they have done to ensure that we are educated, understand the issues and can do something about it. That is why we are here.

It is very welcome to hear that there will be an aggravation of the offence if there is abuse of a partner or ex-partner. Non-harassment orders in criminal cases are also welcome. How many times have we sat in the cross-party group hearing of cases in which women were continuously harassed, whether that was from a prison cell, by text message, by phone message or through other people?

The provision for jury directions has caused a bit of controversy today. Given some of the evidence that we have seen and the views of the young people—and some older people—to whom we have spoken, it is clear that preconceived ideas can mar judgment in such cases, so I welcome directions to jurors who may have such preconceived ideas. In addition, the bill includes provisions to criminalise incitement to commit certain acts in other parts of the UK, not just in Scotland. That aspect has become important, especially given some of the issues surrounding revenge porn.

I turn to sexual harm prevention orders and sexual risk orders. Coming from a social work background, I know that we cannot overestimate the comfort and support that putting in place such orders to protect people can give to victims of domestic violence.

All the parts of the bill will send a clear and unambiguous message. For those who perpetrate domestic violence or sexual harm, for those who attempt to coerce and control and for those who use revenge porn and share intimate images to shame or blackmail, there will be zero tolerance.

The bill will support and protect the most vulnerable men, women, children and families, and it will make communities stronger. I commend for their work all my colleagues in the chamber, the Justice Committee, all the organisations that I just mentioned and especially the Scottish Government for having the courage to bring the bill to the chamber in the final week of the session. It is fitting that the final legislation is about people and protecting people who are victims of violence. I hope that everyone will support the bill at decision time.

15:57  

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-15994, in the name of Michael Matheson, on the Abusive Behaviour and Sexual Harm (Scotland) Bill. 15:09
The Cabinet Secretary for Justice (Michael Matheson) SNP
I begin the formal stage 3 debate by thanking the members and clerks of the Justice Committee, the Finance Committee and the Delegated Powers and Law Reform ...
Margaret Mitchell (Central Scotland) (Con) Con
Does the cabinet secretary agree that the use of expert witnesses would serve the purpose of dealing with those misconceptions in a very effective way—just a...
Michael Matheson SNP
That point was raised at stages 1 and 2, and I will come to it in my speech. The issue was identified by the Crown, and I recognise that Margaret Mitchell an...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
Would the cabinet secretary concede, however, that the Lord President and Sheriff Gordon Liddle, who is vice president of the Sheriff’s Association, had very...
Michael Matheson SNP
I recognise that they raised some concerns regarding the provisions, but I do not recall them saying that they would not take them forward if Parliament was ...
Elaine Murray (Dumfriesshire) (Lab) Lab
I am honoured to open the stage 3 debate for Scottish Labour on the last bill to be considered in the fourth session of the Scottish Parliament. I would like...
The Deputy Presiding Officer Con
Just take a moment. There is plenty of time.
Elaine Murray Lab
I have had this cough since 5 January. I wish it would go away. Opponents within the judiciary argue that similar directions will creep into other areas of ...
Margaret Mitchell (Central Scotland) (Con) Con
The Abusive Behaviour and Sexual Harm (Scotland) Bill is, as others have mentioned, the last bill that the Parliament will consider as session 4 draws to a c...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
It has been my privilege to convene the Justice Committee for five years. I thank all the committee members for their hard work and, not least, for their tol...
Roderick Campbell (North East Fife) (SNP) SNP
The member has talked about Lord Carloway’s comments. Will the member accept that he also said this? “What I am trying to say is that it could be done but i...
Christine Grahame SNP
Exactly—why do it this way if there is a better way of doing it? I think that the member has shot himself in the foot, no matter that he is a member of the F...
The Deputy Presiding Officer (Elaine Smith) Lab
Before I call Malcolm Chisholm, I advise members that this is his valedictory speech. Like me, he has been a member since 1999 and, prior to that, he was a w...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
Thank you for those very kind words, Presiding Officer. Today’s bill is another step in the significant progress on action against violence against women th...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP) SNP
On 11 September 2013, I led a members’ business debate on the sensitive subject of revenge porn. It was then the subject of a new campaign by Scottish Women’...
Alison McInnes (North East Scotland) (LD) LD
The bill addresses the need to tackle the damage that is done by abusive behaviour and sexual harm. The Government has acknowledged that the bill deals with ...
Roderick Campbell (North East Fife) (SNP) SNP
I refer to my entry in the register of members’ interests as a member of the Faculty of Advocates. I begin by acknowledging Alison McInnes’s immense contri...
Christine Grahame SNP
Will the member take an intervention?
Roderick Campbell SNP
I will—briefly.
Christine Grahame SNP
Does the member agree that juries may have preconceptions and prejudices in other types of case? For instance, if a young man with cropped hair and covered i...
Roderick Campbell SNP
I am not, for one minute, suggesting that this does not set a precedent, but we need to look at every case on its facts. We will see how the directions work ...
The Deputy Presiding Officer Lab
Before I call Margaret McDougall, the chamber will wish to note that this is her valedictory speech. Margaret McDougall became a member in this session of Pa...
Margaret McDougall (West Scotland) (Lab) Lab
Thank you, Presiding Officer, for your kind words. I am disappointed that the Scottish Government rejected my amendments to the bill, and I will continue to...
John Finnie (Highlands and Islands) (Ind) Ind
A lot of work takes place before we get to this point in any piece of legislation, and I thank all the contributors that got us here. I will allude to infor...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I pay tribute to Malcolm Chisholm. It is fitting that he has made his final speech in this debate, because his contribution to tackling violence against wome...
The Presiding Officer (Tricia Marwick) NPA
We now move to winding-up speeches. I call Annabel Goldie, who will give her final speech in Parliament. 16:29
Annabel Goldie (West Scotland) (Con) Con
I am delighted to participate in this afternoon’s proceedings on the Abusive Behaviour and Sexual Harm (Scotland) Bill, which is the final piece of legislati...
The Presiding Officer NPA
On behalf of the Parliament, I would like to thank you for your substantial contribution to the Parliament as an MSP, as a committee convener and as the lead...
Elaine Murray Lab
Thank you very much, Presiding Officer. I often wonder how much more can be said about a bill when we get to the final debate at stage 3. The cabinet secret...