Meeting of the Parliament (Hybrid) 28 January 2021
Like others, I begin by thanking the Justice Committee clerks for all their hard work on the bill so far, and the witnesses who provided extremely valuable evidence to the committee.
The Covid-19 pandemic has highlighted the importance of protecting women and girls who find themselves isolated and vulnerable due to the actions of an abusive partner. The “Stay at home” message has been particularly difficult for many women who are victims of domestic abuse because their home is not a safe place for them to be. In the year 2018-19, reported incidents rose by around 2 per cent, but in the early part of 2020, particularly during the first lockdown period due to the pandemic, the number of incidents was 9 per cent higher than it was for the equivalent period in 2019.
The bill will apply to all who are at risk of domestic abuse, but we know that women are disproportionately affected and represent 80 per cent of victims. The bill builds on legislation that came into force last year, which gave police and prosecutors greater powers to target people who engage in coercive or controlling behaviour. A person’s home should be a place of safety; the new orders that will be introduced will give victims of domestic abuse the space and time that are needed in order to address their longer-term safety and their housing situation.
The bill creates additional protection for people who are at risk of domestic abuse, particularly people who live with their abuser. The police and courts will, under the new legislation, gain powers to remove suspected abusers from victims’ homes, and to ban them from re-entering.
The bill will also allow social landlords to end or transfer the tenancy of a perpetrator of domestic abuse in order to prevent a victim from becoming homeless by enabling them to remain in the family home. That was welcomed by Dr Marsha Scott from Scottish Women’s Aid, who said:
“Domestic abuse is the leading cause of women’s homelessness in Scotland, with women often facing the impossible choice between living with an abuser and making themselves and their children homeless.”
The bill creates additional protection for people who are at risk of domestic abuse through trying to fill a gap by allowing immediate protection for a short time for a person who is experiencing domestic abuse in order to keep them safe while they work out their next steps.
Police and courts will gain powers to remove suspected abusers from victims’ homes by providing courts with a new power to make a domestic abuse protection order, which can impose requirements and prohibitions on a suspected perpetrator of domestic abuse. As I said earlier, that includes removing them from a home that they share with a person who is at risk, and prohibiting them from contacting or otherwise abusing that person while the order is in effect.