JUSTICE COMMITTEE PROPOSES BILL TO COMBAT DOMESTIC ABUSE

Parliament’s first ever bill by a subject committee

Proposals to extend the laws protecting victims of domestic abuse were today set out in a report published by the Parliament’s influential Justice and Home Affairs Committee.

If the report gets the green light from the full Parliament, the committee’s proposals are expected to form the basis of a new Protection from Abuse Bill – this will make it the first ever ‘committee bill’ proposed by a subject committee.

Committee convener Alasdair Morgan said:

"The ability of Scottish Parliament committees to initiate legislation is an important part of what makes our system innovative and fundamentally different from Westminster. Today’s report sets out our committee’s proposals to put these powers of the Parliament into practice for the first time.

"Our proposals are intended to pave the way to legislation which will genuinely improve the quality of people’s lives in Scotland. Our Bill would extend legal protection to many people who are vulnerable to domestic abuse, but whose rights are not currently recognised by existing legislation."

The full Parliament is likely to debate the committee’s report early in the new year.

BACKGROUND NOTES

Definition of Committee Bill

Under the Parliament’s Standing Orders (Rule 9.15), a committee may make a proposal for a Bill in relation to matters within that committee’s remit. This enables committees as well as the Scottish Executive to introduce Bills to the Parliament. Committees at Westminster have no equivalent power.

The following are extracts from the committee’s report:

Introduction

On 31 August 1999, the Committee decided to consider the issue of possible legislation to provide greater protection from abuse. The original idea, suggested by committee member Maureen Macmillan, was to extend the scope of matrimonial interdicts under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (the 1981 Act). Since then, the idea has developed and evolved into a proposal for a Committee Bill with the provisional short title Protection from Abuse (Scotland) Bill.

Current law

At present, the principal statutory protection afforded to victims of domestic abuse is under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (the 1981 Act). This Act was introduced mainly to protect women against the loss of their homes through arbitrary evictions by their partners or through violence and intimidation. This was seen as a significant breakthrough at the time, since the law had not previously offered protection from abuse expressly to women within the matrimonial home.

The 1981 Act is not the only legal remedy available. In statute law, the Protection from Harassment Act 1997 provides protection in certain cases, and in common law, some instances of abuse may be dealt with as breaches of the peace. Also under common law, any person suffering abuse or the threat of abuse may apply for an interdict against the alleged abuser. An interim interdict may be granted very rapidly, but its effectiveness is limited by the fact that the police have no power to arrest someone who breaches its terms.

The case for a change in the law

The protection afforded under the 1981 Act does not extend beyond spouses and cohabitants with occupancy rights. This means that many people who are vulnerable to domestic abuse, including divorcees, are excluded from the scope of the Act. Many witnesses identified this as a problem.

The Committee therefore decided to examine the possibility of introducing a Bill with a general application that would allow a power of arrest to be attached to a common law interdict on application by any victim of abuse, whatever their relationship with their abuser. Such a Bill would complement the 1981 Act and would offer protection to those excluded from that Act, but would not include a power to deprive a person of his or her occupancy rights to their home.

Recommendation

The provisions contained within this Bill would be simple, but would have an immediate and positive effect on the lives of many victims of abuse. Having taken evidence from a wide range of witnesses, the Committee is in no doubt of the need for this Bill. The Committee recommends that the Parliament agree to this proposal.

The report is the Committee’s 9th Report 2000 (SP Paper 221).

The full text of the report is available free on the Parliament’s website or for purchase from outlets of the Stationery Office.