Chamber and committees

Mental health nurses went above and beyond during the pandemic. However, many nurses, across all psychiatric services, have found themselves in dangerous situations as they have had to restrain patients without the support of a psychiatric doctor, security team or police presence, because of the strain on our NHS during the Covid-19 pandemic. Many of those nurses have only recently graduated from university. What additional measures can the Scottish Government put in place to help to protect mental health nurses who are on the front line?

Reports from the Scottish Qualifications Authority show that, in 2020, young women made up only 28 per cent of higher physics students and 24 per cent of advanced higher physics students. Those statistics are the same as they were when the Scottish National Party came to power, in 2007. Does the cabinet secretary agree that it is vital to encourage young women to study STEM subjects in schools? Will she commit to ensuring that the next generation of women feel empowered to pursue STEM careers and continue to close the gender gap?

Three weeks ago, the chamber stood united to condemn violence against women. We remembered women who had had their lives cut tragically short and we promised to improve the safety and wellbeing of women in Scotland.

During that debate, I mentioned that we needed to legislate better to eliminate violence against women. One way of doing that would be to end the not proven verdict, as it is commonly used in sexual crime, particularly in rape cases. Several women’s rights organisations, including Rape Crisis Scotland, have supported the ending of the not proven verdict; their position is clear that that court ruling must go.

During the Scottish National Party’s time in government, the number of sexual crimes has more than doubled. The conviction rate for rape currently stands at 46.1 per cent, which is lower than that for other crimes. In 2019-20, the not proven verdict was used as an equal acquittal verdict 74 times in rape and attempted rape cases. That figure makes up 44 per cent of the acquittal verdicts that were issued in the 300 cases that proceeded to court in Scotland. Those statistics prove that the not proven verdict disproportionately impacts women, which is why the Scottish Conservatives are committed to ending it through our victims law.

The Scottish Conservatives first called for the abolition of the not proven verdict more than a year ago. In 2019, “Equally Safe: Scotland’s strategy to eradicate violence against women” was published. It contained a commitment to

“undertake research into jury decision making to improve understanding of the factors that influence juries’ decisions in solemn criminal cases.”

The strategy was published almost three years ago, but the Scottish Government announced that consultation was finally under way only a few days ago. Similarly, the Scottish Greens called for the not proven verdict to be scrapped in their 2020-21 manifesto. Why the delay?

Should the Scottish Government continue to dither over the scrapping of the not proven verdict, the justice system could continue to fail more women.

I have only four minutes and I would like to make some progress—I am sorry.

We cannot continue to ignore a justice system that favours the perpetrator over the victim. If we do, the words that we all spoke three weeks ago were for nothing and will have achieved nothing.

Today, women and girls are more confident in reporting incidents. Sadly, low conviction rates and incidents of a not proven verdict jeopardise that confidence, which could lead to fewer attacks being reported to begin with. The conviction must be aligned to support women and girls.

We need to go further than ending the not proven verdict. We need other laws, such as Michelle’s law and Suzanne’s law, to be fully implemented to support victims and their families. The Scottish Conservatives have pushed for better legislation to support victims, and the Scottish Government must realise that the current justice system is not fit for purpose.

When we look at the amendments, it is clear that political parties are not worlds apart in looking at ending the not proven verdict, but progress has been at a snail’s pace. I understand that the justice system is complex and interrelated and I realise the Scottish Government’s desire for a consultation. However, we need to realise too that many are frustrated by the time that it has taken for the Scottish Government to take the matter seriously. I can understand why a woman who has been subjected to a heinous crime such as rape might feel at present that the justice system will not allow for them to have closure, free of stigma, should the verdict be viewed as not proven.

I look forward to the day when women and girls feel that the justice system works for and not against them. Ending the not proven verdict is the right thing to do. It is an important step towards stronger legislation that protects women and girls, and I am sure that MSPs of all parties will support that objective.

The cabinet secretary set out the Scottish Government’s intention to reduce teachers’ class-contact time by 90 minutes per week. School closures are still taking place due to the on-going pandemic, so that approach could impact the ability of young people to catch up on lost schooling. Given that 90 per cent of teachers think that pupils did not fully engage with home schooling at the height of the pandemic, does the cabinet secretary share my concern that this is not the appropriate time to cut teachers’ class time with young people?

To ask the First Minister whether the Scottish Government will withdraw the health and wellbeing census 2021, given reported concerns over school pupils being asked questions relating to sex and relationships. (S6F-00556)

Students have contacted me and my colleagues because they are concerned about the explicit nature of the questions. One of the questions asks:

“People have varying degrees of sexual experience. How much, if any, sexual experience have you had?

• None

• Small amount (e.g. kissing, some intimate touching on top of clothes)

• Some experiences but no sexual intercourse (e.g. touching intimately underneath clothes or without clothes on)

• More experiences, including oral sex

• Vaginal or anal sex”

There have been reports that the supposedly anonymous questionnaire can be traced back to individual pupils, as they must twice enter their student candidate number, which is directly linked to their name. Would the First Minister feel comfortable answering those questions? Can she reassure Parliament that, should a young person complete the forms, they will not be able to be identified?

In response to the Deputy First Minister’s previous update on the scheme in June, it was noted that 25 per cent of applications to the advance payment scheme had been rejected. How will the Government continue to support survivors who struggle to access the appropriate records? Does the Deputy First Minister expect that that rate of rejection of applications will continue?

I refer members to my entry in the register of members’ interests. I am a serving councillor on North Lanarkshire Council.

The debate has highlighted the need to deliver urgent improvements to ventilation facilities in our schools. Members have repeatedly raised concerns about the inadequacy of ventilation systems in public buildings, but despite those warnings, little action has been taken by the SNP Government.

The pandemic has changed how young people are educated, including how school buildings are used. Teachers and pupils need proper ventilation to help suppress the spread of the Covid-19 virus. Although the Government distributed £10 million to local authorities to improve ventilation, which is of course welcome, we have yet to see exactly what adjustments councils have made. That is despite the First Minister, Nicola Sturgeon, stating on 13 July that

“Ventilation and the implications of airborne transmission are, increasingly, key parts of our decision making.”

She also stated that she would

“keep Parliament updated on our work on ventilation.”—[Official Report, 13 July 2021; c 36.]

The minimal updates that Parliament has received from the Government outlined a delay in funding to local authorities, and the cabinet secretary even admitted that the action that Scottish councils have taken to improve ventilation in schools has been small, in the main. Such statements do not fill teachers, parents or pupils with any comfort or give them the knowledge that their schools are properly ventilated. As Oliver Mundell rightly said, the Scottish Government has failed to understand the magnitude of the issue and has shifted the responsibility on to councils, leaving them to go it alone.

I want to touch on some of the contributions to the debate. Michael Marra reminded the chamber of the risk that our young people face by not having good ventilation. The exchange between Mr Marra and the cabinet secretary regarding the adaptations that councils have made was interesting, as it suggested that the Scottish Government does not have further ideas beyond windows and CO₂ monitors. Willie Rennie outlined that the UK Government and others are looking beyond the basics for solutions, and he was right to say that we must do the same.

Pam Gosal mentioned the importance of mental health and of ensuring that our buildings are fit for purpose. Ross Greer said that better guidance would allow councils to prepare and that measures could be outlined more effectively—the Scottish Government should look into that.

Fulton MacGregor mentioned the measures that North Lanarkshire Council has taken. I welcome his willingness to look at other measures to improve educational experiences for young people and I agree that the Scottish Government must be bolder when it considers adapting school buildings.

The SNP has had every opportunity to provide members with an update on the ventilation fund roll-out to reassure parents and pupils that the issue of pupils’ safety is at the forefront of the pandemic response, which would have allowed discussions to take place before today’s debate.

Given the recent news of the new omicron variant, the Scottish Government must get a grip on this on-going issue. It is not good enough for the Government to tell the Parliament that it has tried to improve ventilation by giving councils funding when it did not follow that up by providing members of the public with confidence that a young person who attends school is learning in a safe environment.

The SNP’s failure to understand the importance of ventilation in our schools has meant delays and no real understanding of the progress that local authorities have made. Teachers, pupils and school staff deserve to be able to work and learn in a well-ventilated environment, safe in the knowledge that the Government has acted to introduce measures that will help to prevent the spread of the virus.

I urge the cabinet secretary to get a grip of the issue and to provide much-needed reassurance that our schools will be properly ventilated as we continue to navigate through the pandemic.

Today marks the 30th international day for the elimination of violence against women. Society has come some way to recognising the need to protect the rights of women. However, much more needs to be done to end gender-based violence forever.

We have heard from the cabinet secretary that violence against women and girls is an abhorrent human rights violation and that we must redouble our efforts to prevent that abuse from recurring and to support those who fall victim to violence. The Scottish Conservatives fully support the efforts by the Scottish and UK Governments as they continue to eradicate violence against women and girls in this country and in others around the world. I am pleased that members can unite today, and it is to the credit of the Scottish Parliament that it marks this day each year. It is also right that, although we work collegiately on the issue, Opposition groups continue to effectively scrutinise the work of the Government to ensure the best possible outcomes for women and girls.

I put on record my thanks for the wonderful work that is undertaken by organisations such as Scottish Women’s Aid and Rape Crisis Scotland. Having liaised with them to assist constituents, as a councillor and as an MSP, I know the incredible care and support that they give to women and children.

Today, we must remember those who have tragically died as a result of gender-based violence: Esther Brown, Michelle Stewart, Sabina Nessa, Bibaa Henry, Nicole Smallman and Sarah Everard. The cabinet secretary rightly pointed out that many names have not been mentioned today; we must reflect on that and remember those women, too. Those women should never be forgotten and should be a driver for parliamentarians to do—and to legislate—better.

We also recognise that gender-based violence is a worldwide issue and that we must continue to educate and learn from each other, if we are serious about ending gender-based violence against women. Around the world, every day, 137 women are killed by a member of their family. Haunting statistics by UN Women estimate that, globally, more than half of the 87,000 women who were intentionally killed in 2017 were killed by intimate partners or family members. More than a third of the same group of women were killed by their current or former partner. If anything, those statistics show just how fragile women’s safety can be, especially when they are in the company of someone they trust.

Unfortunately, it is not just domestic abuse that women and girls suffer. We know that at least 200 million women and girls who are alive today have undergone female genital mutilation. FGM is a huge and widespread issue. I know that the Parliament is committed to ending the practice here in the UK. I and my colleagues fully support that.

Although violence against women is a worldwide issue, we cannot ignore what happens at home, here in Scotland. The latest domestic abuse statistics show that the number of incidents recorded by Police Scotland has been rising for more than four years. Scottish Government figures show that, between 2015-16 and 2019-20, there was a rise of 4,803 cases. That is a stark increase.

Domestic abuse cases in North Lanarkshire, an area that I represent as an MSP and as a councillor—I refer members to my entry in the register of members’ interests—are also a cause for concern. For 2019-20, North Lanarkshire was the area of Scotland that had the third-highest level of recorded domestic abuse cases.

That simply cannot go on. Behind each number is a mother, a daughter, a sister, an aunt, a niece or a friend; we must not forget that when we are looking at statistics on gender-based violence.

Aside from domestic abuse, sexual crimes are also at near-record levels. We have all noticed the recent reports of spiking by injection. That has been raised in the Parliament and it must be tackled, in order to protect women when they are trying to enjoy an evening out at a bar or nightclub. I appeal to businesses that have kits that test for spiking: please make those available to women, free of charge. I know that some are already doing so, and I commend them for putting in place measures to protect women from violence and abuse.

The Scottish Government and COSLA have worked together to produce the equally safe strategy to tackle gender-based violence. I fully support its intentions to eliminate the systemic gender inequality that lies at the root of violence against women and girls, through a relentless focus on prevention.

Combined with the Domestic Abuse Protection (Scotland) Act 2021 and the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020, that work strengthens the law to protect women and girls from abuse. However, much more can be done, and it is important to outline the measures that the Scottish Government can take to further strengthen legislation in order to eliminate gender-based violence.

For example, the latest domestic abuse legislation does not include provision for all victims to register to find out when their abuser will be released from prison. At present, the victim is able to sign up for the victim notification scheme only if the offender is sentenced to 18 months or more behind bars, so fewer than 1 per cent of victims have been given advance warning. A strong argument could be made for those who have suffered domestic abuse to be made aware of when their abuser will be released. That would allow them to mentally prepare for it, because it can be daunting, and many victims feel that they are constantly looking over their shoulder.

Michelle’s law is linked to that and would prevent convicted killers from returning to the same community as those who are affected by their crime. During First Minister’s question time today, Douglas Ross raised the implementation of Michelle’s law. A promise was made to the Stewart family members, but they are still waiting for the implementation of that very important law, which will help protect victims of crime. I understand that the First Minister will formally respond to my party leader’s questions and will make that document public, but families who are still seeking justice need those additional protections now. Therefore, I ask the cabinet secretary to implement the law on time and fulfil the Scottish Government’s promise to bring it in, in order to strengthen the protection for families who have, tragically, lost a loved one to violence.

Another way to strengthen legislation to favour the victim—and not the perpetrator—of violence against women would be to allow the courts to issue a whole-life order. As we know, Sarah Everard’s killer was, rightly, issued with a whole-life order and, although it will be of small comfort to her family and friends, significant punishment was passed for the horrific crime that was committed. The Conservatives believe that that punishment should exist in Scotland, in order to give proper sentences to those who commit the most heinous of crimes.

Similarly, the not proven verdict should be abolished. That has been backed by organisations such as Rape Crisis Scotland, which has also called on the Scottish Government to make that important change to judicial law.

Those are just some of the changes that the Scottish Government could make to strengthen the rights and protections of women and girls across Scotland.

Before I close, I will mention the impact that domestic abuse has on children and young people. Children are often the forgotten voice in domestic abuse cases, because they are usually very young, so might not be at a stage of maturity where they are able to describe the level of violence that they and their mother have endured.

The court and legal processes can be stressful for young people, and the experience can detrimentally impact their mental health and ability to communicate with and trust others as they grow up. I believe that there needs to be a wider discussion on the specific impacts on children and young people who are involved in domestic abuse cases and what the Government can do to support them, especially as they need to live with the outcomes of the cases.

Today is a day of remembrance, but it is also a time for parliamentarians to refocus our efforts and work together to eliminate violence against women. Behind every gender-based murder, domestic abuse incident, recorded FGM case or sexual assault is a loved one, who has fallen victim to or is living with the consequences of violence.

We must continue to bring in legislation to strengthen the rights of women and children—all MSPs of all political parties can unite behind that.