Hansard

As is customary, I open the debate by thanking all those who worked hard to get us to this place and to get the bill into shape for stage 3. First, I thank my own bill team, who have not had their challenges to seek in having to deal with legislation in a very truncated timetable. They have worked extraordinarily hard with members across the chamber on the amendments lodged at stage 3. I also thank the members of the Justice Committee, and its clerks, for their scrutiny and diligence and, again, for working constructively with the Government on a number of amendments at stage 3.

I thank, too, those who, crucially, took the time to share their knowledge and experiences during the scrutiny process. Scottish Women’s Aid has already been referenced. However, I know that many other organisations, such as the advocacy, support, safety, information services together—ASSIST—service, and survivors and victims, who are predominantly women, have come forward to speak about their experiences of domestic abuse. I am sure that I speak for all members when I say that we applaud their bravery.

These are not normal times, and the pressures that many of us have faced as a result of the coronavirus pandemic have meant that we have struggled to dedicate time to help the Parliament to develop new laws, because there have been other competing priorities. I really thank members for the time that they have given to this bill, because it is absolutely crucial. In a week in which the Parliament has already united to incorporate the United Nations Convention on the Rights of the Child into domestic law, here is another opportunity for us to unite around transformational legislation.

Of course, the pandemic has meant that we have all been spending more time in our homes, which for many people will have been welcome. I have certainly enjoyed the time that I have spent at home with my family. However, sadly, we know that that is not true for everyone. The scourge of domestic abuse remains a blight on Scotland. Earlier in this parliamentary session, in taking evidence on what is now the Domestic Abuse (Scotland) Act 2018, we heard harrowing examples of the kinds of behaviour in which perpetrators of domestic abuse might engage. We now understand better the totality of what it is like to experience such abuse. Of course it can be physical—we have known that for a long time—but it can also consist of behaviour that is intended to humiliate or denigrate a partner or to exert control over every aspect of that individual’s life. It is corrosive, coercive and controlling behaviour.

Although the new domestic abuse offence has improved the criminal justice system’s ability to take action against perpetrators of such abuse, we know that we cannot rely solely on that system to deal with it. Inevitably, there are cases in which there will not be the evidence that is required to proceed with a criminal prosecution and so unlock the powers of the criminal court to protect those who are at risk.

When someone is being abused by a partner or an ex-partner with whom they live and it is not possible for criminal action to be taken against their abuser, they may lack the freedom to pursue, for example, civil court action, and they can find that they have very few options. We know that domestic abuse is the leading cause of homelessness for women, and it is easy to see why that is the case. I suspect that I am not the only member of the Scottish Parliament who has had to deal with such cases on a far-too-regular basis.

If the bill is passed by Parliament today, it will provide new powers that can be used to protect people, predominantly women.