Hansard

It gives me great pleasure to speak in the debate as a member of the Justice Committee, which has been involved in the bill process at all stages. The bill is an important piece of legislation that builds on previous bills that this Government has introduced in seeking to protect women from domestic abuse, such as the Domestic Abuse (Scotland) Act 2018. There were people in the public gallery when that bill went through—those were certainly different days.

When I was working as a social worker, one thing that always struck me and my colleagues in dealing with a domestic abuse situation was the inherent unfairness in that it was the victim—the victims were primarily women and children—who had to choose whether to leave or flee the situation. Often, pressure was put on them to get out of the situation, and sometimes even child protection procedures and the like were directed to that end. How unfair is that? It has always been unfair—it is the victim’s home too, and the bill seeks to address that unfairness.

Through DAPNs and DAPOs, the bill provides for the removal of the alleged offender, to protect the person who is at risk. Orders will allow immediate protection while the person works out what to do next. As Liam McArthur said, under part 2 of the bill, social landlords will be able to end or transfer the tenancy of a perpetrator of domestic abuse, to prevent a victim from becoming homeless and enable them to remain in the family home.

As members said, the bill as introduced was not perfect. Its progress through the stages is another good example of this Parliament working well to develop good legislation. We heard concerns about, for example, compliance with human rights and how the police might enforce orders. Amendments at stages 2 and 3 sought to address those concerns.

As other members have done, I note the concerns that Scottish Women’s Aid expressed about the amendments that removed the requirement for person B to consent to a DAPO. However, overall, Scottish Women’s Aid and many other organisations, including Barnardo’s, have supported the bill. I thank them for their briefings and input throughout the process. In its briefing for members in advance of stage 3, Scottish Women’s Aid said:

“The Bill marks a critical shift in preventing women’s homelessness by removing and barring the perpetrator from the home and gives social landlords greater control to transfer tenancies to a victim/survivor, upholding women’s rights to remain in her home and we strongly urge all MSPs to support it.”

I will continue to talk about women’s aid services for a wee bit. Members will be aware that, a couple of weeks back, I raised with the First Minster the defunding—in effect—of some women’s aid services in North Lanarkshire. The move has been condemned by MSPs and MPs across all political parties in the area, and Scottish Women’s Aid is seeking further meetings with North Lanarkshire Council. I understand that there was a tendering process, but there was broad trust in the services, and in the midst of a global pandemic, with domestic abuse on the rise, there is real concern that women and children will be left without much-needed support.

The council has not deliberately created that situation—of course it has not done; nobody would suggest that. The situation is likely the result of processes and procedures that are in place. However, it demonstrates the difference between policies and legislation that are made in the Scottish Parliament and the reality of what is happening on the ground. A reduction in women’s aid services is not in line with the aims of the bill or other legislation.

I am aware that Scottish Government funding continues for some services, but given that we are on the verge of passing a groundbreaking bill at decision time, I ask the cabinet secretary to look into the circumstances in North Lanarkshire and consider whether additional support can be given to the women’s aid services in the area, to ensure that they can continue all their services.

I am running out of time, Presiding Officer. I welcome the bill and am grateful to have been involved in taking it through all its stages. I urge members to support it at decision time.