Hansard

Several months ago, I stood in this chamber and spoke of my sense of sadness that this debate was ever necessary. I still feel that way today. Domestic abuse has no place in our society, but it is—regrettably—all too prevalent, and reports suggest that most cases still go unreported. Physical abuse is often easier to identify because it leaves visible evidence. Coercion and control, on the other hand, are pernicious; they eat away at an individual’s self-esteem, leaving them subservient to the perpetrator and often unwilling and unable to report the abuse. I accept the argument that abuse of that kind can be difficult to prove, but the bill makes it clear that it is a crime and one that we, as a society, will not tolerate.

By acknowledging that psychological violence is as harmful as its physical counterpart, by realising that it affects not just one partner but the whole family and by recognising that the court system is simply not fit for purpose to deal with it, we are taking meaningful, necessary steps towards a society that is free from abusive behaviour. In that vein, I feel that Mairi Gougeon’s amendment, expanding the scope of non-harassment orders to cover children, bolsters the legislation. If a child resides with an adult who has been abused by their partner or ex-partner, the protection that a non-harassment order affords the adult should be expanded to cover the child as well. Anything else would be an abrogation of the state’s duty to protect children from harm.

When the Scottish Government consults on the issue later this year, I urge the cabinet secretary to consider Liam Kerr’s proposal to introduce emergency barring orders in Scotland. The orders would provide a reprieve for those who are being abused, offering a short-term solution before a non-harassment order can be put in place. Without emergency barring orders, those who have been brave enough to speak up against abuse are still at risk in the short term, when they are at their most vulnerable and require the most support. For any children involved, the prospect of having to flee their home, on top of the stress of having their family life disrupted, would surely have an adverse effect on their mental health. Introducing emergency barring orders would protect those children, helping to keep them in a safe and familiar setting without risk of displacement. That protection is already available in England and Wales, and I see no reason why it should not be introduced in Scotland as well.

In the previous debate on the legislation, my colleague Maurice Corry highlighted the need for a widespread publicity campaign around the new offence. Although his proposed amendment fell, I was heartened by the cabinet secretary’s reassurance that the legislation will be effectively publicised. It is clear that if the legislation is to deliver the result that we want, awareness is key. That is why I would like to see the publicity aspect of the legislation expanded into personal and social education classrooms. In this era of gaslighting and revenge porn, it is necessary to ensure that our young people have the tools required to deal with such issues and know when an offence has been committed. Further, by reinforcing at a young age the idea that domestic abuse can happen to men, not just women, and in same-sex relationships, we can change the culture around the issue within a generation.

There is a good deal to welcome in this new bill. That said, it is not perfect. I still believe that my colleague Liam Kerr was right to call for a one family, one judge system and, as I mentioned previously, I look forward to seeing the results of the Government’s consultation on emergency barring orders. However, the Scottish Conservatives absolutely support the principles of the bill. I hope that the passing of the bill will be a watershed moment for all those who have suffered at the hands of abusers. The bill will benefit the people of Scotland and, for that reason, I will—with, I hope, the whole chamber—support it this evening at decision time.