Committee
Justice and Home Affairs Committee, 08 Sep 1999
08 Sep 1999 · S1 · Justice and Home Affairs Committee
Item of business
Family Law
Ms Sharp:
Watch on SPTV
We were not seeking a complete overhaul of the Matrimonial Homes (Family Protection) (Scotland) Act 1981. We are asking that the protective element be removed from the matrimonial framework and taken out of the marital sphere altogether. That would recognise the fact that relationships other than marriages exist, and the fact that women in such relationships need protection also.The Protection from Harassment Act 1997 is relatively short and straightforward. I understood that there could be no amendment to the matrimonial homes act and that there would have to be a new bill. That is why we proposed a protection from domestic abuse act. There would be relatively few sections. All we are talking about is relating orders to the class of people who would be covered by them. We are not talking about regulating the other matters—property rights, for example—that are regulated by the matrimonial homes act.
In the same item of business
The Convener:
SNP
The first item on the agenda is the Matrimonial Homes (Family Protection) (Scotland) Act 1981. We are taking evidence from Scottish Women's Aid and the Famil...
Ms Louise Sharp (Scottish Women's Aid):
I will give a brief outline of the organisation. The Scottish Women's Aid network comprises 38 affiliated local women's aid groups. The local women's aid gro...
The Convener:
SNP
Perhaps you will now speak directly to the main issue.
Ms Sharp:
Members have already been briefed on the technical aspects of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and its impact on abused women. T...
The Convener:
SNP
Thank you. Your last point presented quite a wide-ranging set of proposals, and I notice that you outlined in your briefing your desire for a protection from...
Ms Sharp:
We were not seeking a complete overhaul of the Matrimonial Homes (Family Protection) (Scotland) Act 1981. We are asking that the protective element be remove...
The Convener:
SNP
Are you involved in the Scottish Partnership on Domestic Violence?
Ms Sharp:
Yes, we are.
The Convener:
SNP
How would our proceedings in respect of what you are suggesting impact on the partnership's work?
Ms Sharp:
I take your point. The timing of this discussion is perhaps a bit odd given that the partnership has reviewed family law. At the end of this month, the partn...
The Convener:
SNP
At the first meeting of the committee, five or six members spontaneously raised this as an area in which they wanted to achieve something. Because of that in...
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
I understand what has been said about the need for a thorough overhaul, but I feel that we might wait for quite a long time to get everything we want. What I...
Ms Sharp:
I have to say that I have been misinformed. I will not mention any names, but I was told clearly that we could not have an amending bill and would need a new...
Maureen Macmillan:
Lab
It would be a new bill that amends the act.
Ms Sharp:
Okay, that is fine.
The Convener:
SNP
Maybe we will have to introduce a matrimonial homes interdict amendment bill.
Ms Sharp:
Sometimes acts are amended by way of a miscellaneous provisions bill—
The Convener:
SNP
There has to be a bill that contains the amendment.
Ms Sharp:
Under the new set-up, we have to have a bill that contains the amendments and nothing else. We would support that and it would be a perfect way to get this c...
Christine Grahame (South of Scotland) (SNP):
SNP
Initially I was in favour of a quick, simple solution. I was a practising family lawyer for many years. I recognise much of what has been said. I represented...
Ms Sharp:
That is the best available figure for women who have contacted an agency of some sort. A lot of women never do.
Christine Grahame:
SNP
I now suspect that swift, simple legislation would not be a good idea. We have touched on cohabiting couples and a number of other circumstances. It would be...
Ms Sharp:
We would not disagree with that, but I do not think that we should doubt for one moment that a simple, urgent amendment is needed. Three women have been murd...
Phil Gallie (South of Scotland) (Con):
Con
Sorry, would you say that again.
Ms Sharp:
During the past 12 months, three women in Scotland have been murdered by their former partners. They had no effective protection. Do we keep waiting? Do we w...
Gordon Jackson (Glasgow Govan) (Lab):
Lab
I have practical reservations about whether we can undertake the comprehensive review that Christine wants. I am trying to understand what is wanted and the ...
Ms Sharp:
Sometimes.
Gordon Jackson:
Lab
If that is the situation, I do not have a problem with the idea that the woman should have the right to occupy the family home—and the phrase is "family home...
Ms Sharp:
That is a fair and relevant point that has been considered by the Scottish Law Commission. Different options have been proposed, such as a cohabitation perio...
Gordon Jackson:
Lab
Do you have a view on how we should tackle that problem? We would need to include that definition in legislation.