Hansard

I have spoken in the chamber before on this issue and I am proud to be speaking about it again in the stage 3 debate. This bill is world leading and it will go some way towards addressing the true nature of domestic abuse, which, as others have said, is often a pervasive, controlling and demeaning behaviour over a long period of time that destroys the identity of the victim, who is usually—although not exclusively—a woman.

The bill sends out a strong message that we do not tolerate that behaviour. It demonstrates that the laws that we make in this chamber can send out such messages and be part of a strategy to effect change over the longer term. I am a member of the Justice Committee, and, like the other committee members who have spoken today, I thank those who provided evidence, particularly the victims of abuse, who provided the starkest evidence.

I declare an interest as a registered social worker with the Scottish Social Services Council. Domestic violence was one of the issues that I came across most frequently in both child protection and criminal justice roles, as I mentioned when speaking in Gail Ross’s members’ business debate on adverse childhood experiences last week.

There are currently gaps in criminal law that make it hard for prosecutors and agencies to tackle psychological abuse. With the bill in place, convictions will be sought for domestic abuse with the inclusion of psychological abuse. Current law focuses on incidents of physical violence or on threatening behaviour that causes fear or alarm, but, as we know and have heard, domestic abuse is not as simple as physical violence. Emotional abuse and controlling and coercive behaviour contribute to domestic abuse and can have a deeply damaging impact on families.

It is important that the bill takes into account the fact that third parties are often involved in cases and used as a means of control or abuse. Domestic abuse often takes place in family homes where children are present, which is why it is vital that the bill takes into account protection for children who are affected by domestic abuse. That is the area that has been discussed the most today. I welcomed the widening of the child aggravation provisions at stage 2 and I welcome the amendments lodged by Claire Baker that we passed today.

When domestic abuse takes place in a family home, children always experience something. That can range from having little access to support networks due to restrictions placed on a parent’s freedoms to witnessing the abuse taking place. If a child grows up in a home where coercive and controlling behaviour is commonplace, that can have a deeply damaging and lasting impact on that child’s attitudes towards what is acceptable behaviour.

I mentioned the recent debate on adverse childhood experiences, in which we heard how such experiences, which include witnessing domestic abuse in the home, can impact on individuals. Reducing the impact of ACEs is a very complex issue, but I believe that this bill will play a part in it.

I would like to talk about the non-harassment order, as others have done. I pay tribute to Mairi Gougeon’s stage 2 amendment and to Linda Fabiani’s amendment, which we passed today. The amendments make an important change that will help to protect victims and children. It should be the case that the court has to explain why an order will not be put in place, as opposed to the other way about.

Liam McArthur mentioned that the issue of specialist courts was raised at committee, and it was raised again during consideration of amendments today. Although I have sympathy with the view that has been expressed, I am of the belief that all courts should be specialist in domestic abuse. I said that at committee, because domestic abuse is a widespread issue. It does not take into account class, geography or anything like that, so all courts should be specialist in the area.

How will the bill work on the ground? What does it mean to ordinary people? Parliament can be very proud if we pass the bill tonight, because it will have a very positive effect. In recent times, my office has dealt with a complicated case of a young woman and her children. Obviously, I cannot go into the details, but we were able to put her in touch with the local women’s aid service, where she got help and refuge. This bill could help her.

What about implementation, which John Finnie mentioned? We must make sure that everyone plays their part to make it work. A couple of weeks ago I was at a meeting with other local politicians and Monklands Women’s Aid—the local service—and I was bitterly disappointed to hear that it is running into real funding difficulties with the local authority. Those funding difficulties are hampering its ability to provide even simple things for the women who need refuge, such as clean carpets and bedding—that sort of stuff. I am calling on all politicians in my local authority area—SNP, Labour and Tory politicians—to do the right thing and prioritise those services, and to help the bill to be implemented, because more and more referrals are likely to be made.

I am proud to vote for the bill today, and I commend the chamber to do likewise and make history.