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Chamber and committees

Justice and Home Affairs Committee, 26 Oct 1999

Meeting date: Tuesday, October 26, 1999


Contents


Domestic Violence

The Convener:

Item one on the agenda is a progress report on the committee's investigation of domestic violence and the issue of interdicts. Committee members will recall that, at the last meeting, we designated Maureen Macmillan to be the reporter on the issue. We now have a brief opportunity to hear from Maureen about who she has spoken to since then and what further action she intends to take.

Maureen Macmillan (Highlands and Islands) (Lab):

On 14 October, I visited the Scottish Legal Aid Board, with Richard Walsh, the senior assistant clerk. We met Lindsay Montgomery, the chief executive, and Catriona Whyte, the solicitor to the Scottish Legal Aid Board. They were aware of the committee's discussions on the possibility of extending interdicts and powers of arrest. They were disappointed that they had not been asked to come and speak to us and they raised some issues, mostly of a technical nature. I do not think that it is appropriate to go into that at the moment.

I wanted to ask them about the possibility of the extension of the interdict being treated in the same way as criminal legal aid, so that women could access it freely, without paying contributions. If that were not possible, I wondered whether the contributions could be mitigated in some way and we discussed that. We discussed the difference between civil legal aid and criminal legal aid. The Scottish Legal Aid Board was of the opinion that there would be human rights implications for people seeking remedies through civil legal aid if that distinction were to be changed in one context. That is a matter that we could investigate further.

The Scottish Legal Aid Board thought that part of the problem is that family credit is included when calculations are made to determine eligibility for civil legal aid. That can be examined.

We also discussed the length of the repayment period. At the moment, the repayment period is 10 months. A pilot scheme that allows a longer repayment period is due to be assessed at the beginning of next month. If the repayment period is extended, that will have financial implications for the Scottish Legal Aid Board's funds.

Those are the areas that we can pursue in connection with women affording protection, if protection can be extended to a greater number of women. That was everything of substance that we discussed. Perhaps Richard has something to add?

Richard Walsh (Senior Assistant Committee Clerk):

No.

Do members have any questions on the issues that Maureen has raised?

Christine Grahame (South of Scotland) (SNP):

It might be helpful if staff who are not asked to make representations to us are thanked for all they have done and are asked to provide us with a note on the issue. I know that Maureen has given those thanks, but she mentioned further technicalities. Perhaps they could provide those of us who are curious with a note.

Yes.

It might be possible for Maureen, in collaboration with the clerk, to write up the notes of the meeting.

We have notes of the meeting, but I did not think that it was appropriate to present them today.

They would be very useful.

Are there any other questions?

I would like to talk to the Crown Agent about the implications for the fiscal service. I would also like to revisit the Family Law Association with our new proposals; we have moved on since our previous meeting.

So your next step is to go and see the Crown Agent and the Family Law Association.

Has Maureen had the opportunity to consider the final work plan prepared by the Scottish Partnership on Domestic Abuse?

I have not yet had a copy of the final work plan. If I have received a copy it will be under the pile of papers here, but I do not think that I have.

We may be asked to debate the matter later this week and it would be helpful to see the plan before that.

The Convener:

There is a debate on Wednesday afternoon on an Executive motion that refers to the final work plan. I do not think that the final work plan has been published yet. A draft work plan was published in March 1999. That will give people an indication of the way in which the partnership is progressing. Everybody should have a copy of that. I hope that as many members of the Justice and Home Affairs Committee as possible will request to speak on Wednesday afternoon. Because of the work that we have been doing, we have much to add to the debate.

I do not think that the final work plan has been published yet; I suspect that it will be published tomorrow morning.

Are there any other questions for Maureen?

Members:

No.