Hansard

Like the cabinet secretary, I wish to thank all the people and organisations who have contributed to the bill. The shocking and brutal death of Sarah Everard has reminded us all of how vulnerable women are to violence and abuse from men. As tragic and sad as that horrific murder is, it should not blind us to the fact that the vast majority of attacks on women who are abused are carried out by perpetrators who are known to, and often related to, the victim. I recognise that not all victims of domestic abuse are female, but the harsh reality is that the vast majority are. Therefore, this short but welcome bill is not about women; it is overwhelmingly about men and men’s behaviour towards women.

Scottish Labour is clear that we need a criminal justice system that protects women and all victims, and this bill is another small step in correcting the power imbalance and unfairness that has always existed. It is another small step in giving greater protection, security and support to all victims of domestic abuse. It is another small step in declaring to perpetrators of domestic abuse that this behaviour will not be tolerated. Scottish Labour supports the bill, and we agree that there is a need to enhance protections for those at risk of domestic abuse, especially when the risk is from a perpetrator who is living in the same home.

During the scrutiny of the Domestic Abuse (Scotland) Bill, the Justice Committee became aware that the law and court processes in Scotland did not provide adequate protections for victims in emergency situations, and this bill aims to close those gaps. Scottish Labour believed that there were issues with the bill as originally drafted, but I appreciate the positive way in which everyone has worked to make the bill a reality, and I thank the cabinet secretary for his willingness to listen to suggestions. It remains to be seen whether the bill will be effective. The proof will be whether it is able to change the experience of those who are at risk of abuse.

Scottish Labour believes that there should be more protection for children who witness abuse in their homes, and we welcome the changes that emphasise the need to consider children’s views. That is why my colleague Rhoda Grant has pursued the matter. Improvements have been made in that regard, but the issue must be closely monitored. However, legislation on domestic abuse will never achieve its aims unless it is enforced, which we have discussed already today. Wider society needs to change, and Police Scotland must use all available powers to protect victims.

Domestic abuse protection notices and domestic abuse protection orders are not insignificant measures, and I appreciate the pressures that they could place on Police Scotland. However, it is right that urgent and effective action is taken to give immediate respite to victims, and forcing a perpetrator to leave the home of the abused partner and to stay away for two or more months is the right thing to do. I understand the sensitivities about whether a full protection order should require the consent of the victim, but it is also important that protection notices and orders are effective and that they are used to protect victims, some of whom might be under the coercive control of their abusers.

Earlier, my colleague Rhoda Grant made important points about training. She also sought amendments to clarify that other court orders, such as those on child contact, cannot be used as a defence for a breach of protection orders or notices. I welcome the fact that those amendments were agreed to and the assurances that they will provide. I hope that the Scottish Government will come back to the Parliament if the evidence shows that the time limits for protection orders are not sufficient.

The cabinet secretary emphasised the importance of implementation, and, like Liam Kerr, I am clear that the age-old problem of resources also needs to be confronted. The legislation will place an additional burden on Police Scotland, the court service, the legal aid system and housing providers. I would not want the effectiveness of the legislation to be diminished through a lack of proper investment, and I hope that the cabinet secretary will give Parliament comfort on that.

Scottish Labour commends the bill. We hope that, although it is short, it will be effective. I look forward to its making a positive difference to the victims of domestic abuse.