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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 34 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Margaret McDougall (West Scotland) (Lab) Lab Chamber
28 Jan 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
The Abusive Behaviour and Sexual Harm (Scotland) Bill is vital legislation that has been introduced to improve how the justice system responds to abusive behaviour, including domestic abuse and sexual harm, following the publication of the “Equally Safe” report. The bill has ...
Margaret McDougall Lab Committee
01 Mar 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 2
The aim of these amendments is to expand the disclosure section in the bill. The bill only covers the disclosure of photographs and film. The amendments, which are supported by Scottish Women’s Aid, seek to broaden that to include a photograph or film of an intimate situation,...
Margaret McDougall (West Scotland) (Lab) Lab Chamber
22 Mar 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 3
Currently, the bill covers only the sharing of photographic images and film. Amendments 3 to 14, in my name, which are supported by Scottish Women’s Aid and others, seek to broaden the definition to include photographic images or film of an intimate situation; sound recordings...
Margaret McDougall Lab Committee
05 Jan 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
I welcome the fact that you are going to look at the matter again. Victim Support Scotland and Women’s Aid Scotland have argued that it should not matter what media are used, as the issue is the non-consensual sharing or the threat to share sensitive or intimate material that ...
Margaret McDougall Lab Chamber
22 Mar 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 3
I thank John Finnie for his support for my amendments. I know that the sending of abusive messages is a criminal offence, but the same does not always apply to the sharing of intimate material. My amendments would ensure that the sharing of all types of intimate material with...
Margaret McDougall (West Scotland) (Lab) Lab Chamber
22 Mar 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill
Thank you, Presiding Officer, for your kind words. I am disappointed that the Scottish Government rejected my amendments to the bill, and I will continue to push my case. As it stands, the section of the bill that deals with the illegal sharing of intimate images includes onl...
Margaret McDougall Lab Chamber
04 Jun 2013
Underemployment
I think that there are things that we can do in this Parliament to bring about change. The Scottish Government must use its substantial influence to ensure that the incidence of zero-hours contracts is minimised if it is serious about ensuring a fair labour market that protect...
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
What you have said has added to what we have in front of us. Is the offence of threatening to disclose an intimate photograph or film already covered by section 38 of the 2010 act? Will the legislation before us help in that respect?
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Detective Chief Superintendent Boal spoke about the difficulties in tracking down offenders and said that the bill would help in that regard. How difficult is it to track down people who have sent such images? We hear about IP addresses and other web terms with various connota...
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Is that number a huge increase from the previous year? We have heard that incidents are on the increase.
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Is there an argument that offences should be extended to include other forms of communications, such as text messages, letters, videos and so on?
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Should we include sexting—someone sending or receiving a sexually explicit text, image or video on their mobile phone?
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Yes. Professor McGlynn mentioned that she has concerns about the scope and drafting of the specific offences. In particular, should the offences be extended to include text messages and letters?
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Does that include sexting?
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
So, what we are talking about is the use of images on Facebook and Twitter.
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
You mentioned criminal law just now, and your submission mentions that civil law should be considered. Would you like to say more about that?
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
I have a final question. Is the offence of threatening to disclose an intimate photograph or film already covered by section 38 of the Criminal Justice and Licensing (Scotland) Act 2010?
Margaret McDougall Lab Committee
17 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
I want to ask another question about upskirting and downblousing. Are those things not an offence at the moment?
Margaret McDougall (West Scotland) (Lab) Lab Committee
24 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
What are the views of the panel on the section of the bill that deals with non-consensual posting of images? There is an argument that the offences should be extended to include other forms of communication, such as text messages and letters.
Margaret McDougall Lab Committee
24 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
With regard to texting, a screenshot can now be taken—I will explain that to you later, convener.
Margaret McDougall Lab Committee
24 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
A text could then become an image, although it is not a photograph—or perhaps it is, as it is certainly an image. We need to be clearer on that, and I thank the witnesses for their contributions. We heard evidence last week on upskirting and downblousing. Should those also be...
Margaret McDougall Lab Committee
24 Nov 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
My question is on what happens when a sexual offence happens elsewhere in the UK rather than in Scotland. Are you aware of any evidence that shows that those who seek to abuse children regularly move around the country?
Margaret McDougall Lab Committee
08 Dec 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
I have some questions about sexual risk orders. One of the features of the sexual risk order is that, according to the bill as introduced, the order may be imposed on a person who has not been convicted of any offence, but who has “done an act of a sexual nature”. However, ...
Margaret McDougall Lab Committee
08 Dec 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Okay. Maybe you will not wish to answer any of the questions on the issue, because it is not in your remit.
Margaret McDougall Lab Committee
08 Dec 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Okay. Are you concerned about the fact that sexual risk orders could be imposed on an individual who has not committed an offence?
Margaret McDougall Lab Committee
08 Dec 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
I was going to ask a question on another issue.
Margaret McDougall Lab Committee
08 Dec 2015
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Are the witnesses able to comment on the reasons for the very low numbers of risk of sexual harm orders that have been granted by the courts in Scotland to date?
Margaret McDougall Lab Committee
05 Jan 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
We heard from witnesses who gave evidence that the bill’s provisions on the non-consensual sharing or distribution of private, intimate images should be widened and that different kinds of communication should be included, such as text messages and letters. What are your views...
Margaret McDougall Lab Committee
05 Jan 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Technology now allows certain things to be done. For example, a text could be sent, and then a screenshot could be taken of that text, so that it becomes an image. How do we define that, and should it be included in the definition in the bill?
Margaret McDougall Lab Committee
05 Jan 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Yes. If we want to widen the measures to include text messages, we should take that into account. There is also the issue of sexting—the sending of sexually explicit images or videos—which lots of young people are involved in. There is concern that, if that were included, you...
Margaret McDougall Lab Committee
05 Jan 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
There must be education about taking responsibility, as well. We must instil that in our young people. Sometimes, these images end up on social media—Facebook and so on. It is the responsibility of those sites to take down photographs that are inappropriate. However, there is...
Margaret McDougall Lab Committee
05 Jan 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1
Are there any plans to look at the issue in the future or to raise it through the EU?
Margaret McDougall Lab Committee
01 Mar 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 2
I understand that amendment 70 might introduce unintended consequences, but you have to show criminal intent to break the law and be charged with a crime. As the amendment has been written, it will still be in line with the aims of the bill and it should be included. The cabi...
Margaret McDougall Lab Committee
01 Mar 2016
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 2
I note what the cabinet secretary says, but I will press amendment 70.
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Chamber

Meeting of the Parliament 28 January 2016

28 Jan 2016 · S4 · Meeting of the Parliament
Item of business
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1

The Abusive Behaviour and Sexual Harm (Scotland) Bill is vital legislation that has been introduced to improve how the justice system responds to abusive behaviour, including domestic abuse and sexual harm, following the publication of the “Equally Safe” report.

The bill has six parts and in the very short time that I have been allocated to speak I will concentrate on the part that deals with the non-consensual sharing of private consensual images, which is often referred to as revenge porn. As it stands, that aspect of the bill covers only disclosing or threatening to disclose without prior consent a photograph or film that shows or appears to show another person in an intimate situation. I support the creation of the new offence, as the law desperately needs to be updated to provide for the new digital age. However, it is far too narrow.

These days, everyone who owns a smartphone, tablet, or even a computer knows how to take a screenshot, and that presents a glaring loophole in the legislation, which is the sharing of text. Louise Johnson of Scottish Women’s Aid stated in evidence that specifying photographs and films

“excludes the sharing of private and intimate written and audio communications”.

The exposure or threat of sharing such communications has the same outcome: it is designed to humiliate and control the victim. Sometimes text and images are sent at the same time. Would we criminalise the image but not the abusive and threatening text? Those views were supported by many others, including Police Scotland, which believed that the offence

“should take cognisance of all forms of communication and distribution”.

I acknowledge that it was pointed out in evidence that the sending of abusive or threatening messages is already against the law. However, the sharing of intimate text is not. For example, the sharing of an intimate image on Facebook without consent would, under the bill, be a prosecutable offence. However, if someone shared an intimate conversation or a screenshot of an intimate conversation it would not be covered.

I argue that sharing that type of communication could have the same effect as sharing intimate images without consent. It could cause just as much fear, alarm or distress to the victim and, arguably, that would be the intention. To be clear, I am not advocating that we make the process of sexting between consenting adults illegal, nor am I suggesting that we criminalise those who are 16 or under who have engaged in the process consensually. In fact, in evidence the children’s commissioner Tam Baillie stated:

“I am not looking for any exemption for children or young people.”—[Official Report, Justice Committee, 24 November 2015; c 21.]

He emphasised the importance of education and said that it would be more effective in changing behaviours than criminalisation in non-malicious cases. He also said that the financial memorandum makes no provision for what could be a substantial education programme.

I am proposing that the sharing of sexts or any intimate communications non-consensually should be included in the definition of the offence in the bill, which would extend its present narrow definition. The bill does not go far enough to tackle the issue and I raised concerns about that during stage 1. I am considering submitting amendments at stage 2, so I would appreciate it if, when closing, the minister indicated his views on the points that I have raised.

16:29  

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
The next item of business is a debate on motion S4M-15441, in the name of Michael Matheson, on the Abusive Behaviour and Sexual Harm (Scotland) Bill. I invit...
The Cabinet Secretary for Justice (Michael Matheson) SNP
I thank the Justice Committee, the clerks to the committee and the people who gave evidence during stage 1 scrutiny of the Abusive Behaviour and Sexual Harm ...
Margaret Mitchell (Central Scotland) (Con) Con
Will the cabinet secretary confirm whether the research to which he refers includes actual jurors?
Michael Matheson SNP
The member may have misheard the point that I made. It was about research into how people react during a sexual offence or after such an offence has been com...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
The committee would very much welcome that change, as it was one of the committee’s recommendations. I think that there would have been issues with the Europ...
Michael Matheson SNP
The intention was always that the individual would have the right to make representations. To put the matter beyond any doubt, we are considering whether the...
The Deputy Presiding Officer Lab
Cabinet secretary, will you draw to a close?
Michael Matheson SNP
I welcome the committee’s support in its stage 1 report for the general principles of the bill. I move, That the Parliament agrees to the general principle...
The Deputy Presiding Officer Lab
Many thanks. I reiterate to members that there is no spare time in the debate. I call on Christine Grahame to speak on behalf of the Justice Committee. You ...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I am pleased to speak on behalf of the Justice Committee, which has scrutinised the Abusive Behaviour and Sexual Harm (Scotland) Bill. I thank our witnesses ...
Elaine Murray (Dumfriesshire) (Lab) Lab
I thank the clerks, as well as the witnesses who gave written and oral evidence at stage 1. Two parts of the bill were more contentious than the rest: judi...
Margaret Mitchell (Central Scotland) (Con) Con
The Abusive Behaviour and Sexual Harm (Scotland) Bill is an important piece of proposed legislation, which seeks to address hugely vexing, emotive and, in so...
The Deputy Presiding Officer (John Scott) Con
We now move to the open debate. I ask for four-minute speeches, as we are tight for time. 16:04
Gil Paterson (Clydebank and Milngavie) (SNP) SNP
I rise to speak to one of the most significant sections of the bill: that relating to statutory jury directions in relation to sexual offences. I declare an...
The Deputy Presiding Officer Con
Please draw to a close, Mr Paterson.
Gil Paterson SNP
I have been asked to wind up, so I will just say that we need to educate jurors. Juries must have an open mind and judges giving jury directions will help to...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
I welcome the bill. I will take each of its six main proposals in turn. I support the introduction of a domestic abuse aggravator, which will allow the rele...
The Deputy Presiding Officer Con
The member must draw to a close, please.
Malcolm Chisholm Lab
Time is running out. There is a great deal in the bill about the civil orders, and a little bit less about sexual offences committed elsewhere in the UK, but...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP) SNP
A person knows what sexual and domestic abuse are if they have been a victim of either, but refining a specific set of criminal offences that can bring about...
Alison McInnes (North East Scotland) (LD) LD
I am pleased to speak after Christina McKelvie, as I know that she has campaigned long and hard on the issue, as I have. I thank the Government for introduc...
The Deputy Presiding Officer Con
You should draw to a close, please.
Alison McInnes LD
There are worryingly prevalent views, and if that is the picture across Scotland, it will be in jurors’ minds in the courtroom as they hear evidence and will...
Christian Allard (North East Scotland) (SNP) SNP
I add my thanks to the Justice Committee team—the clerks and members of the committee—for putting together the stage 1 report, and I thank the Scottish Gover...
The Deputy Presiding Officer Con
You must close, please.
Christian Allard SNP
I remind members that organisations such as Zero Tolerance, Rape Crisis Scotland, the Women’s Support Project, Scottish Women’s Aid, White Ribbon Scotland, E...
Margaret McDougall (West Scotland) (Lab) Lab
The Abusive Behaviour and Sexual Harm (Scotland) Bill is vital legislation that has been introduced to improve how the justice system responds to abusive beh...
Roderick Campbell (North East Fife) (SNP) SNP
I refer members to my entry in the register of interests, which says that I am a member of the Faculty of Advocates. The bill contains six distinct elements...
Hanzala Malik (Glasgow) (Lab) Lab
It is with interest that I speak about the Abusive Behaviour and Sexual Harm (Scotland) Bill, which aims to bring Scottish law up to date with changes in soc...
John Finnie (Highlands and Islands) (Ind) Ind
I, too, thank the witnesses for their thought-provoking written and oral evidence. I hope that they are reassured by the stage 1 report that their comments w...