Meeting of the Parliament 08 January 2026 [Draft]
I thank Claire Baker for bringing this important debate to the chamber, and I thank all those who have contributed so far. I associate myself with the remarks that everybody has made about the importance of cross-party working, particularly in this area, and of the quality of the research in this area. That research might be limited, but its quality is so important.
Today’s motion asks the Parliament to recognise and consider the benefits of creating a stand-alone offence for non-fatal strangulation, which, in my view, could see significant improvements to public awareness, data collection, and victim safety and support.
Non-fatal strangulation is a severe form of domestic abuse that is predominantly carried out by men against women. As we have heard, it can have serious and long-term side effects, including brain damage, organ failure and mental health issues. It has potentially life-threatening consequences and can cause extreme trauma for victims.
In her speech, Tess White showed the shocking reality and why we have to highlight it. As the motion highlights, non-fatal strangulation often leaves no visible injuries, but it is a strong predictor of future lethal violence and is becoming increasingly more common, particularly, as we have heard from other contributors, among younger people, who might not fully understand the consequences.
Although non-fatal strangulation is prosecuted as a criminal offence in Scotland under the common law of assault, as we have heard, that common-law route does not always work and can fall short of fully capturing the offence. I believe that exploring how and where improvements can be made might significantly improve outcomes for victims. If we cannot fully capture the offence, we cannot get improvements.
I want to recognise the bold and world-leading action that the Parliament is taking to tackle violence against women and girls. That has been done, because we work on a cross-party basis and listen to each other. I think that that should be put on the record.
As non-fatal strangulation is currently recorded under a range of offences, there is an issue with the recording of—and, indeed, the lack of—data. That is an important element; I do not need to explain just how important data is. It is important not only because it allows us to understand the scale of the problem and to increase awareness, as I have said. Capturing and recording that data is important in a medical sense; it is important for research, which will allow us to change the impacts; and it is important at an individual level, too, at the point at which a victim presents at a hospital. Therefore, it is very important that we get the data right, because doing so will help us increase public awareness of the dangers.
A strong case can be made that a stand-alone law would improve education and awareness of the effects of strangulation and could help improve the long-term safety and wellbeing of the victims. Underreporting is such an issue, and a stand-alone law might help if people really understood what we were trying to record.
I recognise the arguments that Claire Baker highlighted—I, too, was at that round table—from people who have cautioned against introducing a stand-alone offence, given the potential unintended consequences. We could look for a quicker alternative approach, but it might not be as effective and might fall short in addressing the core problems.
Tackling violence against women and girls must and should always be a priority for the Parliament. In my view, it is absolutely worth exploring the creation of a stand-alone offence, as it could send a message. It is important for Scotland that we see this as our absolute priority.
I thank Claire Baker and other members for their contributions.
13:09