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Chamber

Meeting of the Parliament 28 September 2017

28 Sep 2017 · S5 · Meeting of the Parliament
Item of business
Domestic Abuse (Scotland) Bill: Stage 1
Gougeon, Mairi SNP Angus North and Mearns Watch on SPTV

It is a privilege to speak in this debate on the Domestic Abuse (Scotland) Bill, because it is a vital piece of legislation to come before Parliament.

The bill makes domestic abuse a specific offence and creates a new offence of

“Engaging ... in a course of abusive behaviour”

towards a partner or ex-partner. It recognises, for the first time, the patterns of abusive behaviour and the truly traumatic and lasting impact that that has on the victims of abuse.

The Justice Committee heard a considerable amount of powerful evidence on the bill. Today, I will focus my contribution on non-harassment orders. A non-harassment order is a court order that can be used against a partner, ex-partner or any third party behaving in a way that frightens or causes distress. Currently, it is up to the prosecution to request a non-harassment order, but the prosecution is under no obligation to engage with the victim on whether an application should be made.

Under the current system, only a small percentage of successfully prosecuted cases result in non-harassment orders being issued. Research that was done in one region found that there were convictions in 502 out of 644 cases with a domestic abuse aggravator, yet only 33 non-harassment orders were issued—that is, in only 6 per cent of successfully prosecuted cases. Under changes that the bill proposes, consideration of non-harassment orders would be mandatory in such cases.

Non-harassment orders are particularly important for two reasons. First, as was mentioned repeatedly in the evidence submitted by the Crown Office and Procurator Fiscal Service, Zero Tolerance and others, there is a significantly high risk of reoffending. Zero Tolerance cited evidence of that risk being a

“near certainty in domestic violence cases.”

The second reason is the high financial cost of pursuing a non-harassment order through the civil courts. We read about the experiences of one survivor of domestic abuse in written evidence. She wrote:

“On the day of sentencing I did not know if my abuser, who was my husband would be given a Non Harassment Order. He was not. In effect the law would allow him to leave court, get in his car and drive straight back to the marital home where I was still living. Having had the benefit of 17 months of police bail conditions while he was ‘innocent’, the law waits until he is actually convicted of a violent crime, then lifts the protection I had. It just doesn’t make sense.”

She went on to highlight what that means financially for those who are then forced to try and pursue a non-harassment order through the civil courts:

“A civil interdict is a very expensive route and I would argue beyond the reach of most victims ... When considering this I rang a solicitor and was quoted £2,000. When I expressed my shock and asked what if I can’t afford it, he replied that some women just wait to be assaulted again and use bail conditions!”

The costs, which can spiral to as high as £10,000 if the interdict is defended, can be considered as acting in effect as a barrier to justice.

The evidence went on to say:

“I can honestly say I would rather be assaulted again than go through the system as it stands”.

What frustrates and hurts me about that statement is that we heard exactly the same from another victim of domestic abuse when the Justice Committee took evidence as part of our inquiry into the Crown Office and Procurator Fiscal Service. We simply cannot have a situation that makes people who have suffered such horrendous abuse prefer to suffer that abuse than go through the justice system.

Another important element that we touched on during our evidence sessions is the potential for introducing emergency barring orders—an immediate action that could be taken that would, essentially, ban perpetrators of abuse from the home of the victim for as long as was considered necessary. Unfortunately, we felt as a committee that we had not taken enough evidence on that to make a recommendation, but I am glad that we will take more evidence on it at stage 2.

The bill that we are discussing today is such an important piece of legislation. It has the capacity to make a huge difference to those who have suffered physical and psychological abuse, as well as sending out a message loud and clear that the insidious crime of domestic abuse will not be tolerated in our society and in our country.

In the same item of business

The Presiding Officer (Ken Macintosh) NPA
We are perhaps slightly ahead of where people would expect us to be. I am glad that virtually all the members whom we expected are here for the next debate. ...
The Cabinet Secretary for Justice (Michael Matheson) SNP
Everyone in the chamber is aware that domestic abuse blights the lives of too many people in Scotland. Domestic abuse might not be obvious, because it is lar...
Liam McArthur (Orkney Islands) (LD) LD
I am grateful to the cabinet secretary for the way in which he has set out the proposition that is under scrutiny. He will be aware that the Justice Committe...
Michael Matheson SNP
I will seek to do so. As we said in our response to the committee’s report, we believe that we have set the bar at the right level. Our response reinforces t...
Kezia Dugdale (Lothian) (Lab) Lab
I welcome the cabinet secretary’s thanking of all the groups that have contributed to the bill. Scottish Women’s Aid and Children 1st have both called for th...
The Presiding Officer NPA
I ask the cabinet secretary to address that and to draw his remarks to a conclusion.
Michael Matheson SNP
We have responded to the committee by setting out that the approach that we will take will be to reform child welfare legislation, which will allow us to con...
Margaret Mitchell (Central Scotland) (Con) Con
I am pleased to speak on behalf of the Justice Committee in this important debate. The committee took evidence on the bill over six meetings, earlier this y...
Liam Kerr (North East Scotland) (Con) Con
I echo the cabinet secretary and the convener of the Justice Committee in thanking everyone who gave evidence to the committee as well as the clerks and the ...
Claire Baker (Mid Scotland and Fife) (Lab) Lab
Last year, Scottish Women’s Aid reached its 40th year. Its work, from local groups providing support and refuge for women and children who are facing domesti...
Mairi Gougeon (Angus North and Mearns) (SNP) SNP
It is a privilege to speak in this debate on the Domestic Abuse (Scotland) Bill, because it is a vital piece of legislation to come before Parliament. The b...
The Deputy Presiding Officer (Christine Grahame) SNP
Before I call Maurice Corry, I remind everybody that speeches should be of four minutes but there is a reasonable time in hand for members to take interventi...
Maurice Corry (West Scotland) (Con) Con
I am glad to have the opportunity to take part in this very important debate on the Domestic Abuse (Scotland) Bill. I, too, acknowledge and thank the organis...
Sandra White (Glasgow Kelvin) (SNP) SNP
I agree with Maurice Corry about training, but what we really need is training for cultural change. For many years, domestic violence—I do not like that titl...
The Deputy Presiding Officer SNP
I have some time in hand, so I can give members a little leeway—30 seconds. I know that that does not sound like much but, as nobody is intervening, I have t...
Kezia Dugdale (Lothian) (Lab) Lab
I would be delighted to assist you in that effort, Presiding Officer. Thank you for the opportunity to speak. The bill is about improving the justice syste...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
Today is a historic day, because the Domestic Abuse (Scotland) Bill will, for the first time, introduce provisions on psychological abuse into the repugnant ...
The Deputy Presiding Officer SNP
As I said, there is some time in hand, so members can say a little more. 16:10
John Finnie (Highlands and Islands) (Green) Green
A number of speakers have talked about filling a gap. Indeed, Scottish Women’s Aid mentioned that in its briefing. I thank it and other organisations for the...
The Deputy Presiding Officer SNP
I gave you an extra minute, Mr Finnie, so you should conclude now, please.
John Finnie Green
Many thanks. I lend the bill my full support. 16:15
Ben Macpherson (Edinburgh Northern and Leith) (SNP) SNP
As others have said, psychological abuse within a relationship or by an ex-partner can cause immense and enduring trauma and harm. As a member of the Justice...
Liam McArthur (Orkney Islands) (LD) LD
I will start by confirming that the Scottish Liberal Democrats unequivocally support this bill to tackle controlling and coercive domestic abuse, although I ...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
I am pleased to be speaking in the debate and am immensely proud that the Justice Committee unanimously agreed to the principles of the bill. How often do we...
Gordon Lindhurst (Lothian) (Con) Con
Close and intimate personal relationships are an integral part of our lives. Sharing life with a husband or wife, for example, learning more about each other...
John Finnie Green
Does Gordon Lindhurst accept that we must take cognisance of the judgment of the individual who chooses to pick up the phone and say “I require the police’s ...
Gordon Lindhurst Con
Yes, of course. It is always the judgment of the individual whether to pick up the phone and call the police. I do not demur from that, at all.
Fulton MacGregor SNP
Will the member take an intervention?
Gordon Lindhurst Con
No. We can contrast this Scottish bill’s classification of behaviour as being coercive or controlling even when it has happened on only two occasions with t...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP) SNP
The poet and domestic abuse survivor Christy Ann Martine wrote this: “You can’t keep her in a cage, clip her wings, tell her lies, say that fragile birds ...