Dr Lennon, you think that the code of ethics should be put into disciplinary procedures.

Thank you.

You talked about trust, openness and transparency. Why would somebody not be told straight away why they have been put on restricted duties?

Will the introduction of body-worn cameras take away a lot of the complaints, because you will have the video evidence?

I return to the financial memorandum. Russell Findlay has already commented that the costs have gone from £1.4 million to £5.8 million, which is a huge cost. We have heard comments about whether legislation is required. Earlier on, David Kennedy said that officers are investigated at top level instead of at bottom level. From some evidence that we have heard, it sounds as though, if investigations took place at bottom level first, cases could perhaps be dealt with through misconduct or a disciplinary procedure without becoming criminal cases. We have also heard about officers going through a criminal case, being acquitted and then coming back to misconduct proceedings.

Do we need to go back and look at the current policies, procedures and processes in Police Scotland, perhaps update them and implement them properly? David Kennedy also said that current regulations are not used in the way that they should be. Do we need legislation, or do we need to go back and look at the processes and procedures that are already there, implement them properly and possibly update them?

To ask the Scottish Government what steps it is taking to tackle homelessness in Ayrshire. (S6O-03410)

There is widespread concern about the Scottish Government’s £200 million cut to housing. I recently visited Barnardo’s Scotland’s South Ayrshire services. During the visit, Shine, its women’s mentoring service, highlighted concerns about housing provisions for women, which mean that women may leave prison and custody without knowing where they are to sleep that night. That can lead to barriers to accessing further support, as many social security applications require a home address. What action is the Scottish Government taking to tackle that on-going issue? Is the minister willing to meet me and this group to discuss the issue further?

Domestic abuse is a despicable and evil crime. It is particularly abhorrent when it also results in harm to a child. I cannot imagine how harrowing it is for a mother-to-be to go through the cruelty of domestic abuse, only for the attack to be made more harrowing because it results in miscarriage or stillbirth or forces the termination of a pregnancy against her will. I say to anyone in such a situation that the thoughts of the whole Parliament are with them. We all want to do all that we can for women who suffer in such dreadful situations. It is our duty to give them whatever help we can so that they receive at least some measure of justice.

I pay tribute to the petitioner who has lodged the proposal, who is in the public gallery this afternoon. Nicola Murray has lost three babies as a result of domestic violence. The summary of her petition to the Citizen Participation and Public Petitions Committee said:

“I was absolutely devastated and grief stricken. I felt incredibly let down because in my experience, the law as it currently stands offered no protection or redress. I believe that the current law cannot adequately prosecute perpetrators who cause such loss through their violent actions or coercive control.”

I am sure that we are all touched by the power of Ms Murray’s words and what she has been through. For even one person to have been in such a position is a tragedy. The change to the law that she seeks seems right. It is reasonable and fair, and it identifies and fixes an apparent loophole in current legislation.

I note that the committee heard evidence that similar offences to the one that Ms Murray seeks are already in operation elsewhere. For example, in England and Wales, and also in Northern Ireland, if someone deliberately causes the death of a fetus through violence they can be charged with that. There are a number of examples of that being used in recent cases. There are also examples from further afield, such as in the New York penal code, where the definition of homicide includes causing the death of an unborn child.

I note that much of the evidence that the committee heard established that it is not easy to seek prosecutions in this scenario by using other laws. Although some other laws appear to be possible options, in practice they cannot guarantee appropriate punishment. That leaves the need to create a specific offence that enables courts to hand down longer sentences for perpetrators of domestic violence that causes miscarriage. The Domestic Abuse (Scotland) Act 2018 includes a new statutory aggravation where the offence involves a child, but it does not appear to cover an unborn child. I can see no reason why such a legal change should not be made.

I was not convinced by evidence from the Crown Office, which suggested that existing practices are appropriate to cover the death of an unborn child. The Crown Office said that prosecutors exercise professional judgment when deciding a charge and that miscarriage would reflect that charge. The Crown Office also highlighted the creation of the offence of engaging

“in a course of behaviour which is abusive of the person’s partner or ex-partner”

under the Domestic Abuse (Scotland) Act 2018.

Although I recognise the Crown’s position that the result of a forced termination in the context of domestic abuse could fall into the parameters of that offence, I am not sure that it is suitable in practice. As such, I welcome the proposal from Dr Mary Neal, a reader in law at the University of Strathclyde, who suggested a reform to the existing legislation to include a new offence. She said that that offence should cover

“Behaviour contributing to the ending of a partner’s or ex-partner’s pregnancy”.

In her proposal,

“A person commits an offence if ... the person ... contributes, or attempts to contribute ... to the ending of a partner’s or ex-partner’s pregnancy”

and intends for that behaviour

“to contribute to the end of the pregnancy, or ... is reckless”,

and such behaviour leads to the end of the pregnancy. Such an amendment would give women in that terrible situation some small measure of justice.

Given how harrowing such a situation must be, that is only right. As for how to proceed, I briefly highlight something that was raised by the Citizen Participation and Public Petitions Committee, which is that there are already too many members’ bills to pass during the current legislative session. I hope that, as a result of that, the Government will look to step in and expedite the process, as only the Government can. It should be consensual and a unanimous change to the law, and I believe that the proposal should be fast-tracked by the Government as quickly as possible.

Before I conclude, I remind the Parliament of the case of Lisa Donaldson. She was stabbed, punched and throttled, all while she was 32 weeks pregnant. Her partner caused her a spinal cord injury, brain damage, extensive bruising and numerous other injuries. Her unborn twins died as a result. He received just five years in prison.

The women who suffer the horrific crime of domestic abuse and the harrowing distress of miscarriage deserve to be heard. They deserve a change to the law. They should not be made to wait many years before they receive justice. The Government and every party in the Parliament should act urgently now.

I find that quite hard to believe. I do not know whether that could be dealt with through a provision in the bill. I am not sure whether the committee is sighted on the police procedures or can be sighted on them. It seems to be a bit bizarre that you can go for nine months without knowing why you are on restricted duties.

Does the bill address that issue?