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Chamber

Meeting of the Parliament (Hybrid) 01 October 2020

01 Oct 2020 · S5 · Meeting of the Parliament
Item of business
Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill: Stage 1

I, too, thank the clerks, the many groups and individuals who came to the committee in person or who provided written submissions and the organisations that have sent briefings for today’s debate.

I also want to thank in particular the women whom the Health and Sport Committee met in private to hear about their experiences, which Alex Cole-Hamilton summed up well. It was an emotional meeting, and I congratulate them on their courage in coming to speak to us. They were very brave and their tenacity was fantastic. I hope that, through this debate, and as we move through stages 1, 2 and 3, the bill, once passed, will do justice to all the victims who spoke to us and to all those who we have not heard from.

As the Law Society of Scotland’s briefing for the debate said,

“The Bill’s main policy objective is to improve the experience of people who have been affected by sexual crime.”

That is an important point. We must all remember that the bill will, I hope, achieve that.

The committee covered many aspects of the bill. There are too many to cover, but I have picked out a couple. One is the health-led approach that is taken in the bill. That is really important. We know that the reporting of sexual crimes falls between the two stools of the health and justice systems. The victims we spoke to—this was brought out in the recommendations that were sent to the committee, too—felt that they were badly let down by that. By ensuring that the approach is health service led, the bill gives an assurance to victims that they will be treated with compassion and empathy.

We covered that aspect in great detail with the women we met in private. I know that this has been mentioned, but it was appalling how some of those women were treated. They had to wait for hours, and sometimes for days before they were examined. Some of them sat in a cold police room. They were not given tea or coffee, they were not allowed to drink anything and they were not allowed to change their clothes.

We should be proud of moving to health-led forensic services once we pass the bill. All victims must get compassion and help. They must be given an assurance that they have done the right thing when they report an offence and they must be treated with compassion.

That brings me on to the issue of self-referral. That very important part of the bill has been mentioned. Other members have spoken about the age of referral. We heard evidence on both sides of the argument. Alex Cole-Hamilton and others are right. People younger than 13 have been victims of sexual abuse. Maybe, as the cabinet secretary said, the current provisions will be kept, but we will consider the issue and see where we can go with it, perhaps at stage 2, or further down the line in the bill process.

We have to remember, as I am sure that we do, that the victims of sexual abuse and crime are sometimes in shock and they do not always realise that they have been victims. There are a multitude of reasons why they might not report what has happened straight away. It is difficult for someone to recollect such a crime within 24 hours when they have to sit in a room in a police station—or even, as we heard about in the case of one lady, in the back of a police car. It is hard for them to recollect exactly what happened to them, so being able to access a self-referral system will be important.

As has been mentioned already, we must also ensure that, when such a crime is reported, health-led services are available. Advocacy and support have not been mentioned so far, but having someone there to support victims is very important. There is no point in introducing such a bill if we do not have the resources to cover those aspects. The Cabinet Secretary for Health and Sport has mentioned that resources will be made available, and I am sure that they will be. However, as the bill goes through its parliamentary stages, we will need to ensure that such aspects are not only considered but delivered. In delivering the self-referral system, we must also provide information, advocacy and support. We need to have provision on those aspects in place in the bill before we can make progress.

Another issue that has been mentioned by previous speakers is the need for victims to have access to female doctors. As Donald Cameron and others have mentioned, and as Rape Crisis Scotland has said, the single most pressing issue that requires to be addressed is the lack of access to female doctors. That also came across very clearly from the women to whom committee members spoke in private.

I welcome the cabinet secretary’s announcement of extra funding for 20 places on a dedicated course at Queen Margaret University. The fact that 61 per cent of sexual offence examiners in Scotland are now female is also fantastic. However, Rape Crisis Scotland went on to say:

“We note that this is not currently a single-sex role. Replacing the word ‘gender’ for ‘sex’ in the bill is not going to address the barriers to survivors being able to access female doctors.”

I ask the cabinet secretary to address that point either in her closing remarks or at stage 2, if the bill progresses. It was one of the most pressing aspects of the evidence that the committee heard. I do not decry the approach of most male doctors, but we heard that, in certain cases, empathy and compassion were not shown when they were treating female victims of sexual abuse. We must remember, although I think that we all know, that the vast majority of sexual crimes are perpetrated by men on women.

We must be absolutely certain that, when we promote the self-referral system, as it is important that we do, by telling people how they can access it, we ensure that we also offer them access to female doctors. We cannot deny them that. I know that achieving that might be difficult, but for me and others that lack of access was one of the main driving forces behind wanting the bill to progress. I feel that changing the name from “sex” to “gender” is not—[Interruption.]

I am sorry, Presiding Officer. Have I gone over my time?

In the same item of business

The Deputy Presiding Officer (Christine Grahame) SNP
I have completed the cleaning process up here, which is why there was a delay. Our next item of business is a debate on motion S5M-22884, in the name of Jea...
The Cabinet Secretary for Health and Sport (Jeane Freeman) SNP
I am pleased to open the stage 1 debate on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill. At the outset, I repeat my thanks to t...
David Stewart (Highlands and Islands) (Lab) Lab
The cabinet secretary will know that there was some debate in the committee about the age of consent. Will she undertake to keep under review the age at whic...
Jeane Freeman SNP
I undertake to keep that under review, and I am sure that we will return to that issue when we get to stage 2. I note that Rape Crisis Scotland and the Law S...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
Does the cabinet secretary recognise that, when children are sexually assaulted or even raped, that can often happen at the hands of somebody they know? Does...
Jeane Freeman SNP
I recognise the point that Mr Cole-Hamilton raises. As I said in response to Mr Stewart, I am open to further discussion at stage 2, with the committee and o...
The Deputy Presiding Officer SNP
Thank you very much, cabinet secretary. I can see from my screen that only one member has pressed their request-to-speak button—just as I say that, a few fac...
Lewis Macdonald (North East Scotland) (Lab) Lab
As the convener of the Health and Sport Committee, I am pleased to speak to our report on the Forensic Medical Services (Victims of Sexual Offences) (Scotlan...
The Deputy Presiding Officer SNP
We have some time in hand, so I will be light on timings—to an extent. I have made Mr Cameron smile. 15:20
Donald Cameron (Highlands and Islands) (Con) Con
I refer members to my entry in the register of interests as a member of the Faculty of Advocates. I welcome the opportunity to open for the Scottish Conserv...
David Stewart Lab
I agree with the member’s points. Does he share my view, which is based on my experience in social work going back many years, that there is a huge problem w...
Donald Cameron Con
I hope so. I fully agree with David Stewart that there has long been an issue around conviction rates in relation to sexual offences, particularly rape. That...
David Stewart (Highlands and Islands) (Lab) Lab
As a member of the Health and Sport Committee, I am pleased to contribute to this important debate. I am glad to say that Labour will support the general pri...
Alison Johnstone (Lothian) (Green) Green
As a non-member of the committee, I begin by thanking the committee, the clerks and in particular the witnesses who gave the evidence that has brought the bi...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
It gives me great pleasure to speak in favour of the bill. I pay tribute to the victims and witnesses who gave such compelling evidence during stage 1. Their...
Jeane Freeman SNP
I completely agree with the sentiment that Mr Cole-Hamilton and other members have expressed about the unacceptability of victims who live in our island boar...
Alex Cole-Hamilton LD
I accept that, and it is highly welcome, but we need to be sure that every aspect of the bill is island-proofed so that every citizen in our islands receives...
Sandra White (Glasgow Kelvin) (SNP) SNP
I, too, thank the clerks, the many groups and individuals who came to the committee in person or who provided written submissions and the organisations that ...
The Deputy Presiding Officer SNP
Can you see my face, Ms White?
Sandra White SNP
Yes.
The Deputy Presiding Officer SNP
The topic is a serious one, and I know that we have time in hand, but I wasnae giving it all to you. Laughter. Please conclude.
Sandra White SNP
I am very sorry about that, Presiding Officer. You should have said so. I thought that I had more time. I will conclude by saying that I very much support t...
The Deputy Presiding Officer SNP
Thank you very much, Ms White. You are a wonder. 15:59
Liam Kerr (North East Scotland) (Con) Con
For full transparency, I remind members that I am a practising solicitor and hold a practising certificate from the Law Society of Scotland. I have not had ...
David Stewart Lab
Apologies for not being in the chamber for the start of the member’s speech. In light of his background, what is the member’s view on the creation of an ano...
Liam Kerr Con
The member makes a good point. There is something to look at here. The member would not expect me to give a commitment one way or the other, because he is ri...
Jeane Freeman SNP
Will the member take an intervention?
Liam Kerr Con
I am over my time by a long way. All that having been said, I reiterate my support for the principles of the bill, and I look forward to voting for it at de...
Annabelle Ewing (Cowdenbeath) (SNP) SNP
I am pleased to speak in the stage 1 debate on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill, which is a vital piece of legislat...
Mary Fee (West Scotland) (Lab) Lab
I welcome the opportunity to take part in the stage 1 debate on what I know to be an important and essential bill. First, I thank the Health and Sport Commi...