Meeting of the Parliament 01 February 2017
Thank you, Presiding Officer.
“But we have no slaves in Scotland, and mothers cannot sell their bairns.”
So decided the Court of Session in Edinburgh almost exactly 330 years ago, on 13 January 1687, in the case of Reid v Scot of Harden and his Lady. For those interested in references, the quote is found in the case report in Morrison’s dictionary, page 14545. The case was about a lassie who was used by a travelling showman as a performing gymnast, until she fled and was given refuge by a couple. He raised an action in the court claiming that he had bought the girl from her mother and she must be returned. The court refused to countenance that argument.
Of what relevance is something from hundreds of years ago today? Sadly, that and other problems such as the one that we are talking about are still with us. A few days ago, I attended the Tumbling Lassie seminar, hosted by the Faculty of Advocates, which had a number of eminent speakers, including Alison Di Rollo, the Solicitor General for Scotland. The seminar was held to raise awareness of modern-day slavery and human trafficking, which, sadly, some think is entirely behind us. The issue is a real one, as we know from recent police investigations in Scotland. The price of liberty is eternal vigilance, and the price of freedom the constant review of the current state of affairs—otherwise we might have no need for politicians.
As has already been said, the practice of female genital mutilation has been illegal in Scotland since 1985, but we still know little about the numbers of people here who have been affected by it or who may be at risk. Such crimes, as well as other so-called honour-based violence, are often culturally based, devoid of any religious basis and shut off from mainstream society.
It has been reported this week that Scottish Government research shows that, between 2011 and 2014, 191 girls and women were forced into marriages in Scotland and that 10 per cent of them were aged between 14 and 16. That is another issue that, sadly, is still with us today.
As has also been said, because of the underground nature of these crimes, research into the issue is difficult, but it is imperative that we know more about it. Scotland’s national action plan to tackle FGM recognises the lack of available data about which communities in Scotland might be likely to be directly affected by the issue. The first annual statistical information for England was published in July 2016. We need corresponding data for Scotland to understand what resources need to be allocated to dealing with the issue and stopping the practice here. The question that I pose in the context of today’s debate is: will the Scottish Government follow the actions of the UK Government in that regard?
The issue might be more important in Scotland, going forward, than we have been aware of it being, given changes in ethnic diversity in the past decade. We need to know more about the potential for FGM and other acts of so-called honour-based violence to take place here in Scotland, what we can do to prevent them and how we can seek to help the victims and deal with the consequences.
The amendment from my colleague Annie Wells recognises the work that the UK Government has been undertaking internationally to reduce the occurrence of FGM. As has been commented on, it has allocated £35 million for action to tackle FGM on the African continent. Note should also be taken of the legislation in England and Wales in the Serious Crime Act 2015, which might be relevant and could inform the Scottish situation. For example, there is a mandatory duty on professionals to report to the police cases in which they believe that FGM has occurred, for which they are given statutory guidance to assist them. I have a further question, which is: will the Scottish Government consider taking similar steps or does it have plans to do so in future, and what is the timescale for hearing about such action being taken?
These are horrendous crimes that inflict physical and psychological pain on victims, and perpetrators need to know that the practice is unacceptable in Scotland, the wider UK and indeed around the world. On that basis, I am happy to support the motion and the amendments.
15:47