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Chamber

Meeting of the Parliament 15 September 2016

15 Sep 2016 · S5 · Meeting of the Parliament
Item of business
Domestic Abuse Law

There is no doubt that everybody deserves protection from an abusive partner, and I welcome the Scottish Government’s commitment to enacting and enforcing a law that aims to ensure physical and psychological security in the home.

The Scottish Conservative Party is sympathetic to the Government’s intention to create a new domestic abuse law, but is determined to be vigilant in looking for possible complications, which I will talk about later.

As Douglas Ross pointed out in his speech, we need to be inclusive of all victims of domestic abuse, and that includes victims from the lesbian, gay, bisexual and transgender community as well as male victims. It is estimated that as many as one in four LGBT people in Scotland may experience domestic abuse, and I specifically want to raise awareness of that today.

I am pleased that LGBT Youth Scotland has a specific LGBT domestic abuse project, which has identified that the issue is rarely spoken about in the community. Its website identifies LGBT-specific warning signs, which might include the threat of outing to family, friends and work colleagues and isolating the victim from the LGBT community by not allowing them to become integrated with the scene. I was concerned to see from research by the project that 79 per cent of young people believed that someone who had witnessed domestic abuse in their family or home would feel less confident about coming out as a result.

I welcome the fact that the motion covers ex-partners as well as current partners. In the modern world, where we are bound to social media at all hours of the day, we now see cases of abusive and threatening behaviour online even after a relationship has ended. That is why I congratulate Scottish Women’s Aid on its research and action on domestic abuse. Worryingly, the research highlights that a third of those who experience online domestic abuse from a partner or ex-partner experienced the use of global positioning system locators or spyware on their phones or computers, and that a third of those who experienced that abuse said that the threats were actually carried out. The charity subsequently produced information on how to identify such behaviour and how people can protect themselves online.

In my home town of Glasgow, the community has made great strides in contesting domestic violence and providing aid to victims. Other members have spoken about Women’s Aid, which has been supporting women and children who suffer from domestic abuse for 35 years. It provides a number of services to support victims including advice on housing issues and letters of support to housing associations. Last year, 12 per cent of the 4,000 housing applications in Glasgow were from people who had suffered domestic abuse or violence in the home. Women’s Aid also offers financial advice, which is very welcome when people are facing other difficulties.

I have also been pleased to see the work of Hemat Gryffe Women’s Aid—a charity based in Glasgow that was founded to provide for the specific needs of Asian, black and minority ethnic women who may experience domestic abuse that is influenced by culture and tradition, such as so-called honour-based abuse or forced marriage. The charity has been providing safe refuge accommodation in the city for more than 30 years and it assists women with emotional and practical support.

Organisations and charities in Glasgow are making a concerted effort to combat the effects of domestic abuse, but I also want to make a point about prevention. As Douglas Ross highlights in his amendment, the Scottish Government should continue to raise awareness of Clare’s law, which allows people to identify those who have been convicted of domestic abuse before they form a relationship.

It is also important to look more broadly at societal issues such as the mainstreaming of pornography and the ease with which it can be accessed online. Charities such as Women’s Aid have pointed out that the representation of women in the media can influence the way that young boys and girls think not only of themselves but of others and can create problems further down the line.

I return to the potential complications in implementing the proposed law. First, I highlight the issue of corroboration and the requirement for two pieces of evidence in criminal justice cases. I would like further discussion of that in the Parliament so that the law can achieve what it sets out to do.

Secondly, we need to provide more education on what we deem to be domestic abuse, particularly when it comes to identifying coercive and controlling behaviour—something that the Home Office raised before the introduction of the controlling or coercive behaviour offence in the UK Government’s legislation last December.

I welcome the Scottish Government’s commitment today to making domestic abuse a specific statutory offence and its broadening of what we deem to be domestic abuse to include coercive and controlling behaviour. As I mentioned, however, I would like further debate about how we can best implement such a law.

16:04  

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
The next item of business is a debate on motion S5M-01434, in the name of Michael Matheson, on domestic abuse law. From the outset, I inform members that—wa...
The Cabinet Secretary for Justice (Michael Matheson) SNP
Domestic abuse blights the lives of too many people in Scotland. It might not be obvious because, in contrast with many other forms of crime, it is largely h...
The Deputy Presiding Officer SNP
I call Douglas Ross to speak to and move amendment S5M-01434.1. Mr Ross, nine minutes please. 14:44
Douglas Ross (Highlands and Islands) (Con) Con
I am pleased to open for the Scottish Conservatives in the debate on the Scottish Government’s proposal to introduce a criminal offence of domestic abuse. Si...
The Minister for Community Safety and Legal Affairs (Annabelle Ewing) SNP
Will the member take an intervention on that point?
Douglas Ross Con
I am sorry, I have two and a half minutes.
The Deputy Presiding Officer SNP
I can give you the time back if you want to take the intervention.
Douglas Ross Con
I will come back to it if I have time, but I have quite a bit to get through. Interruption. I was asking about the Crown Agent, if that helps the minister. ...
The Deputy Presiding Officer SNP
Thank you—you moved your amendment just before I asked you to do so. I call Claire Baker to speak to amendment S5M-01434.2—you have seven minutes, Ms Baker. ...
Claire Baker (Mid Scotland and Fife) (Lab) Lab
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. Loc...
The Deputy Presiding Officer SNP
My apologies to Ms Baker: I was giving my signals and she was due seven minutes. I will need to get my glasses on more often. We move to the open debate. 15:00
Kate Forbes (Skye, Lochaber and Badenoch) (SNP) SNP
I address every individual in Scotland today whose home is a torture chamber, who conceals physical and psychological scars and who lives in fear of a tyrant...
Margaret Mitchell (Central Scotland) (Con) Con
When I was first elected to the Parliament, in 2003, one of the first debates in which I spoke was on domestic abuse. I referred to a song by Charlie Rich th...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
I welcome the proposed legislation and believe that it is a huge step on the way to tackling the true nature of domestic abuse. As many other members have sa...
Rhoda Grant (Highlands and Islands) (Lab) Lab
I am grateful for the opportunity to debate domestic abuse and how we improve the legislation to better protect victims. It was disappointing that the Scotti...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP) SNP
I think that the phrase “domestic abuse” has become a bit of a fig leaf. Society has pulled a veil over the reality so that it does not upset us too much or ...
Gordon Lindhurst (Lothian) (Con) Con
We no doubt all agree that domestic abuse that is carried out against anyone for any reason is wrong. People who carry out domestic abuse give love a bad nam...
The Deputy Presiding Officer (Linda Fabiani) SNP
Please, Mr Lindhurst.
Gordon Lindhurst Con
I have made my point. We need to remember that, when it comes to statute, it is not enough to say “a rose By any other name would smell as sweet”. Languag...
The Deputy Presiding Officer SNP
Please close now, Mr Lindhurst.
Gordon Lindhurst Con
If we fail to get it right, the Parliament will give law a bad name. 15:35
Gil Paterson (Clydebank and Milngavie) (SNP) SNP
This Parliament—and indeed Scotland—can be proud that in nearly every session since the Parliament was reconvened, domestic abuse in its different forms has ...
Monica Lennon (Central Scotland) (Lab) Lab
I welcome the motion in Michael Matheson’s name and I am encouraged that the Scottish Government is committed to tackling domestic abuse as part of a wider s...
John Finnie (Highlands and Islands) (Green) Green
The Scottish Green Party welcomes the proposed bill. Tackling domestic abuse is, rightly, a priority for the criminal justice system, for society and for tho...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
This is a debate that I sincerely wish that we were not having. Domestic abuse is repugnant on every level, which is why I am pleased that the Scottish Gover...
Annie Wells (Glasgow) (Con) Con
There is no doubt that everybody deserves protection from an abusive partner, and I welcome the Scottish Government’s commitment to enacting and enforcing a ...
Ruth Maguire (Cunninghame South) (SNP) SNP
I welcome the opportunity to speak in this debate and I commend the Scottish Government and Parliament for their commitment to improving how the justice syst...
Kezia Dugdale (Lothian) (Lab) Lab
When I speak to journalists outwith Scotland, the first question they often ask is about what it is like to be in a Parliament in which three of the parties ...
The Deputy Presiding Officer (Christine Grahame) SNP
It is refreshing to hear somebody speaking who does not normally get a turn in debates. 16:16
Richard Lyle (Uddingston and Bellshill) (SNP) SNP
What is domestic abuse? For many, the initial thought is that it is physical abuse or even sexual abuse; yet, for many abuse victims, it can be emotional, me...