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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
Macpherson, Ben SNP Edinburgh Northern and Leith Watch on SPTV

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 Committee, I had that underlined to me most powerfully and movingly by the survivors who we met and the many remarkable agencies that support survivors across Scotland.

It is clear that domestic abuse is a multidimensional scourge on our society and on us all, which affects a range of relationships but particularly unequal relationships between men and women. It affects people across class, wealth, ethnicity and age. That is why I strongly support the principles of the bill, which will create a new offence of engaging in an abusive course of conduct, because that is the lived reality of such abuse on the ground and the lived experience of victims as we speak. The bill takes account of the context and impact of domestic abuse.

The proposed offence addresses a gap in the existing law by recognising—that is an important word—that domestic abuse might not only damage or violate a victim’s physical integrity but undermine their character and restrict their autonomy, freedom and ability to live their life in the manner that they choose.

I said that the word “recognising” is important. That is because the bill, if passed, will not only empower our courts to deal more effectively with this scourge on our society but help to clarify that such coercive, controlling behaviour is unacceptable. Some of the survivors from whom we heard said movingly that, at the beginning, they were not quite clear whether they were being abused. Passing the bill will provide absolute clarity across society, particularly to victims who are suffering. They will be able to tell more easily whether they are being abused and the ability of the criminal law to take judicial action on their behalf, in the interests of justice, will be clear, too.

I support the gendered approach taken by the bill, because that is the right approach. As other members have said, the bill is set within a wider context of gender equality and addressing violence against women. That is why we have to get the bill right and make sure that the criminal justice system is ready and resourced appropriately to use the new powers and abilities that the bill will give it in order to ensure greater justice.

Others have mentioned a publicity campaign. They were absolutely right to say that it is important that there is a Government-led publicity campaign and that there is training to make sure that people in the criminal justice system and the third sector can support and give effect to the bill’s intention. That work to raise awareness has already started with the introduction of the bill and the stage 1 process.

I draw to the Parliament’s attention Scottish Women’s Aid’s one thousand words photo project. It is putting forward 15 new images of what domestic abuse looks like in order to get away from the perception that domestic abuse is only about physical harm and to illuminate the fact that it is deeper than that—it is multifaceted, and that whole range of abuse is what we should tackle. The bill will make a remarkable difference on that journey and I fully support it.

16:20  

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 ...