Hansard

The year 2016 marks 40 years since the establishment of Scottish Women’s Aid, which brought together a network of local organisations across the country. Local women’s aid groups were providing support and refuge for women and children who were fleeing domestic abuse and their communities, and the national organisation gave a focus for pushing for political and social change and worked to challenge and prevent domestic abuse. A significant part of that change has been how the legal system—the courts and the police—have changed their response to domestic abuse. The change was so significant that it also had to happen in families, communities and workplaces. No longer could there be an acceptance that domestic abuse was a private matter or that it was women’s fault, or that women could leave if they really wanted to. It is in those areas that the work of Scottish Women’s Aid and other campaign groups has been instrumental in shifting societal attitudes.

It can be easy to forget that turning a private problem into a public and political one was a struggle—indeed, it is still a struggle. Campaigners fought tirelessly to put domestic abuse on the agenda and bring perpetrators to justice. The establishment of the Scottish Parliament in 1999 gave a political focus to tackling domestic abuse in Scotland and it has played its part in changing attitudes in Scotland and modernising our legal system to respond to the challenge. The Government’s intention to introduce a criminal offence of domestic abuse is to be welcomed and we look for the new offence to improve the ability of the police and prosecutors to tackle domestic abuse.

The consultation and responses raise questions for debate, such as the extent of the bill and the definition of the term “reckless”. We will scrutinise and look for opportunities to improve the bill as we get into the legislative process. However, we are supportive, in principle, of introducing the new offence and of the intention to include those who commit psychological abuse and engage in coercive and controlling behaviour. While the Government motion highlights that the majority of cases involve a male perpetrator and a female victim, the law will provide protection for all adults who are in an intimate relationship. A similar law has already been introduced in England and Wales and we should look to learn any lessons from that process.

While the legislation is important, it also gives us the opportunity to reflect on what more can be done to end domestic abuse in Scotland. Labour’s amendment highlights the progressive work of the domestic abuse courts and asks how we can extend the service. If we are to introduce a specific offence, it seems to me that an extension of specialist courts could be a logical conclusion.

Concerns have been raised about recent court decisions. I am aware of cases in which the alleged victim has been sentenced to prison for their reluctance to answer questions in court. During the summer, Scottish Women’s Aid expressed anger about the recent case of a surgeon who, after spending four nights in custody and facing six domestic abuse-related charges over a period of three years, was granted an absolute discharge when he changed his plea before trial and admitted one charge of threatening and abusive behaviour towards his wife. There was no criminal conviction. In response to that case, Scottish Women’s Aid chief executive Dr Marsha Scott said:

“we need to end the post code lottery of justice that women and children experience in Scotland, depending on where they live and how justice is performed in their community.”

It could be judged that, if such cases had gone through a specialist domestic abuse court, the outcomes might have been different. The extension of specialist domestic abuse courts would also look to better reflect the new offence and I urge the Government to work with relevant agencies to make progress on the issue.

The legal process is only one part of the process for victims of domestic abuse. Advocacy, refuge accommodation, counselling, vital one-to-one support and critical emergency out-of-hours services are all crucial for supporting victims. The cabinet secretary will emphasise the resources that the Government has put into such services but he must also recognise the pressure that the services are under. I have received reports of victims being turned away from support and that is a situation that none of us wants to see. However, it is a consequence of a squeeze on local authority funding and I make a plea to the Government to enable local authorities to protect those vital services.

It was good news today that the United Kingdom Government has agreed to defer the application of local housing allowance rates to supported housing until 2019-20, with the intention of introducing a new funding model. The impact of that on refuges will be to develop further options to protect short-term accommodation, providing the same protection as supported housing in general. I recognise the work of all the campaigners in achieving such a positive result.

We also know that domestic abuse can have serious and long-term consequences for children. Children who witness domestic abuse are at increased risk of experiencing mental health problems, of developing alcohol and substance abuse problems and of entering into abusive relationships. As we progress the legislation, we need to consider the issues that are raised by Barnardo’s, Children 1st and the National Society for the Prevention of Cruelty to Children, and the potential for the bill to address some of those concerns.

Crime is at a 40-year low but the trend in domestic abuse is upwards. The most recent figure for incidents recorded by the police show a 2.5 per cent increase and, while the figures on request for information through Clare’s law show that the law is effective, they are worrying. I accept that the improvements in police response, increased awareness and confidence in reporting, and the presumption in favour of prosecution all provide some explanation for that, but when other crimes are on a downward trajectory, we all want to see domestic abuse going the same way.

We need to see more investment and commitment to preventative work. I recently met the violence reduction unit, which was established at a time when gang culture and knife crime were increasing. The unit’s focus is changing and its work on challenging notions of masculinity and working with young men and families is important in addressing some of the root causes of behaviour that is complex and cultural. I want to see perpetrators being brought to justice and the proposed law aims to increase confidence in convictions. I also want to see fewer perpetrators and we must do more to root out the deep causes of domestic abuse that remain in our society.

I move amendment S5M-01434.2, to insert at end:

“; recognises the important role of domestic abuse courts in dealing with the offence, and looks to extend the provision of these as part of proposals for tackling domestic abuse in Scotland.”