Meeting of the Parliament 01 February 2018
I am coming to that very point, which includes the emergency barring orders that members have mentioned. We will have a consultation fairly soon on how we can roll out emergency barring orders in Scotland and how they will operate. It will look at whether the victim should apply for an order, or a third party on their behalf, and the impact of the orders in other jurisdictions.
We have given a commitment through my education colleagues, who are about to undertake a consultation exercise, to look at modernising the existing child neglect offence that is contained in section 12 of the Children and Young Persons (Scotland) Act 1937, looking specifically at abuse aspects and how they impact on children. Annabelle Ewing, Minister for Community Safety and Legal Affairs, will consult on potential changes to the Children (Scotland) Act 1995 relating to contact, residency, parental responsibilities and rights. We hope to publish that consultation in spring to allow us to make further progress on the issue.
Today is a momentous day. It is a day that many campaigners who have dealt day in, day out with the corrosive effects of domestic abuse may have thought would never arrive. Our modern understanding of the nature of domestic abuse is being reflected in how our criminal law in Scotland now operates. I pay tribute to Marsha Scott and Louise Johnson at Scottish Women’s Aid for their assistance and expertise in developing this new offence. I pay tribute also to people like Mhairi McGowan, who has tirelessly led the ASSIST service for many years to provide advocacy for those who have been affected by domestic abuse. I pay tribute to Children 1st, Barnardo’s and other children’s organisations for emphasising the importance of acknowledging the risks and harms that are caused to children by domestic abuse.
I am particularly proud of this piece of legislation. I mentioned my visit to Scottish Women’s Aid. At the heart of the bill are the voices of the women who have experienced domestic abuse. I will draw the debate to a close by finishing with them. Nicola Borthwick said:
“Life as an abused woman was dangerous, terrifying and exhausting. I had no freedom, no escape and no voice. After fleeing I lived in hiding and forwent my right to vote to remain hidden. So, to have spoken and been heard at our nation’s parliament, giving personal evidence to support this Domestic Abuse Bill, is a precious memory that will stay with me for the rest of my life, long after the last of the old wounds have healed. It’s very difficult to experience a sense of justice. All of the past, good and bad, is real and affecting. However, to transform the legacy of those abusive deeds from merely damaging into something positive that contributes to establishing safety from domestic abuse for others, is incredibly rewarding and fulfilling.”
Dorothy Aidulis, another survivor of domestic abuse, said:
“For years I had to keep silent, watching my every word and facial expression, second-guessing everything I ever said or wrote, having my words twisted and used against me. It was exhausting and disorientating. I remember once while being shouted at, actually wanting him to hit me; so that I would be ‘allowed’ to leave. This is why we need this Bill. Speaking to the Justice Committee was scary, and brought a lot of memories back. But I was treated so kindly, and with such respect. And they listened. This may sound ordinary; but it wasn’t. As a survivor, this was official acknowledgement of the abuse I had suffered, and validation that I was right to speak up. Simply being believed was such a release and I felt a huge pressure being unwrapped like an invisible grip from around me. Being unexpectedly handed the opportunity to contribute to the making of this historic Bill will stay with me forever, and I cannot think of a more fitting outcome for some of the darkest days of my life. From myself, and from other survivors who cannot tell their story; thank you.”
Today, we as a Parliament stand with Dorothy, Nicola and the many others who have spoken up on domestic abuse. Without their courage and determination, we would not be here. [Applause.]