Chamber and committees

First, I have been told that it was Manchester City that won down south.

Yes, I can confirm that we will endeavour to work with all authorities to ensure that such events are showcased.

I thank the member for raising the issue. He will be aware that the vast majority of young people who travel by bus behave appropriately. The legislation that underpins the current schemes does not provide a clear mechanism for cards simply to be removed in cases of antisocial behaviour, and free bus travel is just one of several services that are provided through the card.

Transport Scotland is continuing to explore what deterrents and sanctions may be possible and appropriate in such cases. The member should note that the Antisocial Behaviour etc (Scotland) Act 2004 already provides a wide range of measures for dealing with all antisocial behaviour, including dispersal orders, which can be considered by the police, in consultation with the local authority, on an individual or temporary basis.

I make Mr Hoy aware that there has been on-going engagement with Police Scotland and bus companies in recent months involving both the Cabinet Secretary for Transport and me. As I said, Transport Scotland is looking at what to do with the card but not, at the moment, at such a clear mechanism as just taking the card away. We will continue to engage.

The legal aid system is a national one and it is flexible enough to allow services to be delivered by solicitors around the country to people all around the country. There are numerous ways in which access to solicitors can be facilitated remotely, and funding is available to allow solicitors to travel to rural and remote parts of the country to carry out work, meaning that individuals do not have to rely on local provision alone when seeking publicly funded legal assistance.

We will continue to hold discussions with the legal profession on the main areas of concern in relation to legal aid. Both the Law Society and the SSBA are aware that the offer to re-tender for research remains. Through successful engagement with the legal profession, the Scottish Government has delivered significant investment into the legal aid system over recent years. The most recent package of fee reforms and increases was delivered on 29 April last year and took the total additional funding for legal aid to £31 million since April 2021.

“The Vision for Justice in Scotland: Three Year Delivery Plan” contains an action to reform the legal aid system and to engage with key stakeholders to inform and shape future legislative proposals. Any future proposals will build on the Martyn Evans review recommendations and subsequent public consultation. Officials will engage in a series of stakeholder engagement sessions.

I jointly chair a working group with the Law Society of Scotland and the Faculty of Advocates that has been convened to consider the future of the legal profession in Scotland, and I regularly meet the Law Society and the Faculty of Advocates. I recently met the Scottish Solicitors Bar Association, and provision of legal aid was discussed.

Police Scotland and local authorities have a wide range of powers to tackle antisocial behaviour. We support them in using those powers appropriately and we are investing in prevention and early intervention. Our cashback for communities programme and violence prevention framework take preventative approaches to antisocial behaviour and violence. The current three-year phase of cashback for communities commits £20 million to early intervention work and positive opportunities for young people in communities across Scotland. Our independent expert working group on antisocial behaviour is examining our strategic approach to antisocial behaviour and is considering how we can improve it. The group will report in late 2024.

On a point of order, Presiding Officer. I am sorry, but my app was not working. I would have voted no.

Apologies, Presiding Officer. I would have voted no, but my app was not working.

I express my thanks to Collette Stevenson for lodging the motion for today’s debate on domestic abuse in LGBTQI+ relationships. I also give my thanks to Emma Roddick for all the work that she has done, and that I know she will champion from the back benches, for the LGBTQI+ community. I am proud to be closing the debate, and have found all members’ contributions to be powerful and thought-provoking.

Intimate partner violence in same-sex relationships is devastating and heartbreaking, and no one should ever have to endure it. I pay tribute to the brave victims who have shown real courage in recounting their stories and shining a light on this important issue. I also acknowledge the specific barriers that LGBTQI+ people can face when accessing services and support.

All domestic abuse and violence is abhorrent, irrespective of the sex, sexual orientation or gender identity of the victim or the perpetrator. That is why our ground-breaking domestic abuse legislation, which came into effect in 2019, applies to everyone and makes it absolutely clear that coercive and controlling behaviour is domestic abuse and a crime. It is also why the Scottish Government funds services that support LGBTQI+ survivors of domestic and sexual abuse.

It is vital that perpetrators are held to account and that victims have access to front-line services that deal with violence and domestic abuse. The Domestic Abuse (Scotland) Act 2018 created a specific offence of domestic abuse that covers not just physical abuse, but covers other forms of psychological abuse as well as coercive and controlling behaviour. We must treat domestic abuse survivors with compassion and we must make available services that acknowledge the significant trauma that they experience.

Research on the operation of our legislation on domestic abuse has found that it better reflects victims’ experiences. However, we must never be complacent but must instead recognise that we can always do more and do better.

It is also vital that specialist services are available for survivors. Our delivering equally safe fund has provided support to LGBTQI+ projects that are working to address domestic abuse. That includes Sacro’s FearFree service, which provides one-to-one support for male and LGBT victims of domestic abuse; the voices unheard focus group, which aimed to raise awareness among decision makers of LGBTQI+ experiences of domestic abuse and gender-based violence; and Scotland’s Domestic Abuse and Forced Marriage Helpline, which provides support to all survivors.

Additionally, we allocated £16.2 million between 2017-18 and 2023-24 to support the development of a sexual assault response co-ordination service in every health board in Scotland. SARCS offers a healthcare assessment and forensic medical examination for people who have recently experienced rape or sexual assault. Anyone who is aged 16 or over can, subject to professional judgement, access healthcare and request a forensic medical examination in the days following an assault without first having to make a report to the police. I acknowledge that that is a very sensitive issue.

We know, from listening to survivors, that access to self-referral is an important aspect of giving control back to people. The Scottish Government remains committed to continuous improvement of SARCS, with further funding planned for 2024-25, bringing our total investment to almost £18 million over seven years.

Although domestic abuse is most frequently perpetrated by males against their female partners, all domestic abuse and violence is unacceptable. We published our refreshed equally safe strategy last December. The strategy recognises LGBTQI+ people’s experiences of domestic abuse and other forms of gender-based violence. Key LGBTQI+ stakeholders were consulted as part of the engagement process, and helped to shape the strategy and its references to LGBTQI+ people’s experiences.

We know that the global evidence base shows that women and girls are disproportionately impacted by specific forms of violence such as domestic abuse. The equally safe strategy is based on the framing of the United Nations and World Health Organization, and has been acknowledged as a model of excellence.

However, our approach does not negate the experiences of male victims of crimes such as domestic and sexual violence. Gender norms that promote ideals of masculinity that are based on men’s power over women and children can also lead to men’s experiences of abuse during childhood and sexual violence during adulthood. That is why the Scottish Government understands LGBTQI+ people’s experiences of domestic abuse to be a form of gender-based violence. Key stakeholders also understand the issue in that way.

We are committed to advancing equality for LGBTQI+ people and to promoting, protecting and realising the rights of every LGBTQI+ person in Scotland. We will continue to fund third sector organisations to ensure that the voices of those with lived experience can help to improve outcomes for LGBTQI+ communities across Scotland.

I thank Dr Steven Maxwell, Professor Jamie Frankis and colleagues for their research on LGBTQ+ intimate partner violence and I thank the victims who bravely shared their stories. As was highlighted in the research and at the subsequent parliamentary round-table event in February, it is clear that significant challenges remain for LGBTQI+ victims of domestic abuse.

We do not want any victim of LGBTQI+ domestic abuse to be made to feel invisible and we encourage anyone who has experienced abuse to seek the support to which they are entitled. I have outlined some of that support today.

I am fully committed to tackling domestic abuse and am always willing to look at how we can improve our response to all forms of domestic abuse, including in same-sex relationships, by building on the provision that we already have. My door is always open to any MSP who wants to continue conversations on how we can improve things. In response to Emma Harper’s request, I say that I would be very happy to visit the organisation in the south of Scotland that she mentioned.

By working collaboratively and innovatively, we can build a Scotland that is free from all forms of domestic abuse, where no one is left behind.

Thank you, convener. I know that you have taken a great interest in the situation with McClure Solicitors, and you have discussed that with me and with the Law Society. The Law Society’s position on that is on the public record, because it was given to the committee in an evidence session in the past couple of weeks.

I am aware that the matter has been reported to Police Scotland, and I understand that Police Scotland has commented that an assessment of the information is on-going. Therefore, it would be inappropriate for me to comment much further on the individual circumstances of the case.

However, in general, a judicial factor appointed under the Solicitors (Scotland) Act 1980 does not carry out any legal work in the way that an incoming firm is able to. In many cases, it might be preferable for another firm to take over the business of a failing firm rather than for a judicial factor to be appointed, provided that there are no concerns as to any misdeeds.

Ultimately, the Law Society is the regulator and will be best placed to decide whether to seek the appointment of a judicial factor to a solicitor firm. However, I am also working closely with you and other MSPs in relation to the regulation of legal services.