Committee
Justice and Home Affairs Committee, 08 Sep 1999
08 Sep 1999 · S1 · Justice and Home Affairs Committee
Item of business
Family Law
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 better to have a thorough review. Piecemeal amendments of legislation, rather than a good, solid act, can be difficult for solicitors. I suspect that, urgent though much of this is, there should be a thorough review. Occupancy rates in cases where the sheriff has made an exclusion order have been mentioned. I would like there to be a power of arrest in such cases. I have never seen a sheriff giving a power of arrest when people are living together, because they ask, "Who would police it?" I would like there to be an order for counselling. Sometimes the husband—it is usually the husband—needs more than a court order. He may never have behaved in that manner before, but he may be in the emotional turmoil of a divorce or separation and feel that the children are being taken from him, the wife is getting the house and his pals in the pub are telling him that she is doing this, that and the other. That makes him do things that he will probably never do again. I have known persistent bullies of husbands, but I have also known cases where it is clear that a year or two down the road they will never behave like that again. I would like the sheriff to have the power to make an additional order for counselling so that the whole problem can be addressed and it does not seem that only the father is being punished and the children see only the father being excluded. I said at our first meeting that we could do something simple with matrimonial interdicts, particularly after divorce, but I now feel that a really good family law bill is needed. We should see what the Family Law Association has to say about that.Many solicitors have difficulty with legal aid in interdict cases as they have to drop everything on their desk to deal with them. I would like a change to the legal aid system that addresses really urgent cases in which there is no time to fax forms.
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.