Equalities, Human Rights and Civil Justice Committee 24 June 2025
Okay. Thank you very much for the opportunity to provide an update on part 1 of the Domestic Abuse Protection (Scotland) Act 2021 and the work that has been progressed to ensure that a domestic abuse protection order scheme can be successfully introduced.
As I outlined in my letter to the committee last week, and as promised following the committee’s earlier evidence session on unimplemented legislation, my officials held a workshop with stakeholders and justice partners in March. The focus of the workshop was to consider a range of options and to seek some level of consensus on the next steps that are required to commence part 1 of the 2021 act.
That workshop was convened in response to repeated efforts to look at how to operationalise the existing legislation into a sustainable, deliverable and affordable framework. There were no preconceived conclusions as to what it might deliver. It is important to reiterate the continued commitment of all our stakeholders to make the legislation work for the protection of those who are at risk.
The feedback from that process was stark but clear. The overwhelming consensus from those who participated was that fundamental changes are needed to the legislation in order to ensure that the aims of the domestic abuse protection order can be realised.
There were serious concerns about implementing the legislation without those changes being made. Many of those concerns also extended to any attempt to pilot the legislation as it currently stands, which is an option that was discussed.
I note at this point that the Scottish Government has not been alone in its efforts to introduce such measures, which were first conceived during the Covid-19 period. Although the United Kingdom Government has piloted similar proposals, that has not been without its challenges, and those proposals do not include provisions around the taking of evidence from children.
Colleagues in Northern Ireland have also followed our approach and held a detailed workshop, and they await the outcome of our considerations with interest.
In response to the workshop conclusions, we have been considering how best to make progress towards reaching a workable solution on the introduction of such orders and how to ensure that stakeholders are central to that process so that it works for people.
Our first step is to establish a short-life working group, which we hope will meet for the first time in September. Membership will comprise representatives from the organisations that attended the workshop, in order to deliver a collaborative approach. The group will be tasked with navigating possible legislative changes to deliver a workable and sustainable model. That will also provide an opportunity to explore further the relationship between civil and criminal law in relation to domestic abuse incidents.
We will use the group’s findings to inform a consultation on possible changes to the legislation in early 2026, and it will be for a new Government and members in the new parliamentary session to take forward any legislation that might be required, including providing the ability to pilot the legislation, if that is thought to be necessary.
Although the further delay is regrettable, it is important that we listen to the feedback of those who supported and campaigned for the policy and those who would be asked to bring it into practice, so that the law works for people as intended.
I hope that that is helpful on the domestic abuse aspects, and I am happy to answer any questions.
I do not know whether you want me to go on to the housing aspects at this stage, convener.