23 July 2010

Domestic abuse is on the rise.

This is something that saddens me, having lodged a Parliamentary Bill to protect victims of this awful crime.

Recent statistics have shown that cases of domestic abuse have risen by eight per cent in the past year and there has been a steady increase in incidents reported since 1999-2000.

Some of this can be put down to increased reporting, which is good.

However the large rise would indicate that there is also an increase in violence.

This is very disappointing given the greater awareness of domestic abuse and how over the years society no longer tolerates such violence.

Domestic abuse covers a wide range of behaviours, including physical, sexual, mental and emotional abuse. Although most of the victims are women, men can also be affected.

If my Members' Bill goes through it would make it easier for victims of domestic abuse to get help in three ways.

Firstly, it would make it a criminal offence to breach an interdict with a power of arrest, and secondly it would make legal aid free to all who are victims of domestic abuse and need to apply to the courts for an interdict with a power of arrest or a non-harassment order.

Thirdly, it would also remove the requirement to show a course of conduct before a non-harassment order could be granted by the civil court, requiring only one incident of abusive behaviour.

This change has already been made for criminal cases.

These changes will give better protection to victims of domestic abuse - they are not a solution, merely a step in the right direction.

The Scottish Parliament has made great progress in dealing with domestic abuse, but we have some way to go before women, children and others who suffer abuse will be able to sleep safely in their beds without the fear of attack or intimidation.

The cost of obtaining an interdict can be a huge barrier to protecting women and children from abuse.

We owe it to victims to ensure that we do everything we can to make the law work to protect them.

I am hopeful of getting cross-party support when the Bill is voted on in Parliament as I believe most of my colleagues are supportive of action to tackle what has become a shameful blight on our society.

This is why I was so disappointed that the SNP Government decided to scrap short term sentences for domestic abuse.

The new presumption against sentences of less than three months, agreed by SNP and Liberal Democrat MSPs, could result in the majority of domestic abuse perpetrators escaping jail.

This decision has been taken in spite of the advice of Scottish Women's Aid, whose members say that any violent crime should be dealt with by a custodial sentence, to send a message out to those involved that violence is never acceptable.

They have also said that the courts should be treating the crime more seriously and a sentence of a year or over should be mandatory.

At the moment 68 per cent of those sent to prison for domestic violence get a sentence of less than three months.

In my view these sentences are too short, although they should serve their sentences in prison even if they are three months or less.

This would give respite to their victims, as they would know that the person they are terrified of cannot attack them verbally or physically.

They would get a breathing space to move on and take steps to make themselves safe.

People who perpetrate domestic abuse should feel the full force of the law, and that means spending time behind bars.

Why should they get away with the crime without doing the time?

Like Labour's Shadow Justice Secretary, Richard Baker MSP, I believe that there can be no room for complacency on domestic abuse, otherwise we are failing the victims.

As a society we have a duty to protect people from harm and that is what I am seeking to do through my Bill.

I hope every member of the Scottish Parliament will get behind my Bill and ensure that these protections for women and children can become law.

I also call upon the SNP Government to reverse the dropping of sentences of less than three months and make sure the perpetrators of domestic abuse have to spend time in jail.

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