Hansard

The importance of the bill that we are debating to the victims of domestic abuse cannot be overstated, and I am more than happy to agree to its general principles at stage 1 today. I thank the bill team and the clerks for their exceptional work to prepare the stage 1 report within an extremely tight timeframe. There is much ground to cover on the detail of the bill, but I know that colleagues will pick up on the areas that I will be unable to cover. Indeed, many have already done so.

The Domestic Abuse (Protection) (Scotland) Bill is indeed a milestone. The orders that will be issued will provide emergency safety measures to victims, 80 per cent of whom are women and children, by removing the alleged perpetrator from the home and barring contact with the person at risk. That will be a safety net for people who desperately need it. The bill will also improve outcomes for victims by giving social landlords the power to end the tenancy of a perpetrator. Domestic abuse is the main cause of women’s homelessness in Scotland.

Crucially, the bill will give the police the power to issue a domestic abuse protection notice before applying to the civil court for a domestic abuse protection order. The significance of that is huge. It means that the victim, when she is at her most vulnerable, will not have to go through the court process herself and will not incur legal costs. The orders are not intended to replace existing criminal measures, but they will protect victims in cases where it is not possible to apply those measures but there is an imminent risk to safety.

Evidence that the committee received questioned whether there is a legislative gap to fill, given that we have non-harassment orders, civil protection orders and emergency barring orders. My view is that there is most definitely a gap and that the orders will fill it, providing immediate safety to victims by removing the perpetrator and barring further contact.

Traditionally, until now, it has been women and children who are forced to leave the family home in cases of domestic abuse. That is unfair and inhumane for both the victim and the children, who may be uprooted from their home, school and familiar surroundings through no fault of their own. They are guilty of nothing, yet they pay the price. That is why the orders are so important and necessary, particularly now, with levels of domestic abuse soaring during the pandemic. Dr Marsha Scott, chief executive of Scottish Women’s Aid, said:

“The publication of this Bill is a milestone moment for women, children and young people experiencing domestic abuse who for years have asked us why it should be them, rather than their abusers, who have to leave their homes, pets and belongings to seek safety.”

In its stage 1 report, the committee spoke of operational concerns in respect of Police Scotland. The convener and others articulated many of those well, so I will not repeat them. However, I am extremely pleased that the cabinet secretary has said that he will continue to engage with Police Scotland and key stakeholders to discuss their concerns. For legislation to be good, it must be workable. To that end, the cabinet secretary has confirmed that, if the bill is passed, he will set up an implementation board that is chaired by the Scottish Government to examine operational matters.

The timing and length of DAPNs and DAPOs featured heavily in our evidence taking. In order to be ECHR compliant, there is a short timescale for the senior constable who proposes the DAPN to apply for a court order, and the committee accepts that. The maximum duration of a DAPO will be three months, with some flexibility for extension in certain circumstances. Again, we believe that that is reasonable given that it is an emergency order, although there may be issues to do with eviction and rehousing. Those could be addressed at stage 2.

I am passionate about the bill and I am particularly delighted that the breach of an order will be a criminal offence. An example of a breach would be stalking by a partner or ex-partner where an order has been issued. More than half of stalking offences are committed by an ex-partner.

In 2019, I proposed a member’s bill to introduce stalking protection orders, which the police could apply for on behalf of the victim. The proposal was paused in order to evaluate the effects of the newly introduced Domestic Abuse (Scotland) Act 2018. If the bill that we are debating today is passed, another legislative gap will be filled, and I could not be happier about that. However, we know that stalking usually takes place over a period of time and it may last longer than three months if no arrest has been made. I will therefore consider lodging an amendment at stage 2 to propose that the order be eligible for extension in cases of stalking breaches.

Section 4 relates to the police paying attention to the victim only when they are aware of the woman’s views. I believe that the views of women and children should be actively sought, as should the woman’s consent to an order. To issue an order without consent would be to further disempower the victim. Where coercion is suspected, which is often the case, an interim order could be issued without consent in order to allow time for further investigation with a view to criminal action.

In relation to the evidential threshold for issuing orders, as the cabinet secretary has outlined, women’s organisations have expressed concern over the wording of “significant harm” in the Government’s response to the committee. I am sure that that is something else that can be addressed at stage 2.

There is so much to welcome in the bill. At last, abused women and children will have emergency protection that has so far been lacking—a safety net for them and any children involved. There are issues to be resolved, as we have heard, but I know that the Government will work with stakeholders to make this vital piece of legislation work for everyone. We owe it to so many silent victims who are living in fear. The legislation is the beginning of the end for perpetrators of abuse, and I urge members to vote to agree to the general principles of the bill at decision time.