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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 1 July 2025
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Displaying 2046 contributions

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Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

I will be very brief.

I am sorry if I have this wrong, but I think that Cindy Morrice suggested that discretion was applied for and granted on only five occasions in the past year. I am sorry if I have that number wrong—it would be helpful if she could restate the number.

What work has been done to estimate how many times discretion could have been applied for and might have been granted, when that has not happened? I know that there is no exact science to this, but I would like to hear an estimate or a ballpark figure or to get a feeling for how far there is a lack of applications, even though those could be successful. Is there any more data that you could put on the record so that we can see the extent of the challenge under the current criteria?

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

The committee will, of course, reach out to the Government on when that part might eventually come into force. Does any witness have any insight into when implementation might happen? Since no one does, I will say thank you.

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

Thank you. What I really want to ask about is also for you, Sophie, because I think that it was mentioned in the Govan Law Centre’s written evidence. Does part 1 of the Domestic Abuse (Protection) (Scotland) Act 2021, with its key role for the police in enforcement, represent a viable alternative to the old system of civil protection orders? Part 1 of that act has not yet been enacted. The Parliament’s Equalities, Human Rights and Civil Justice Committee is looking at why that is the case, but my understanding is that the key aspect is that it is not the victim/survivor who would apply for such an order and that they would not bear the cost but that Police Scotland could take that forward. Could you say more about the importance of that and about the barriers to fully implementing part 1 of the 2021 act?

10:30  

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

For clarity, I will go back to my verbatim notes. I was trying to set the context. My notes on what we have established from the committee’s call for evidence say that, when a victim has to apply for a civil protection order, drawbacks include the potential cost to the victim of doing so and the limitations of the legal aid system in alleviating those costs. I want to ensure that all the witnesses agree with that as a matter of fact and to check whether you want to add to that before I move to my final question.

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

That is helpful for my clarity. Sophie, what do you think that the issues are in relation to applying for legal aid for civil protection orders?

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

Do those same flexibilities exist for civil protection orders?

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

My question is in two parts. The first part has probably just been answered by Colin Lancaster and Sophie Berry but I will check that. There seems to be consensus on the importance of civil protection orders, but there are issues with regard to the cost for victims and the limitations of the legal aid system to show flexibility in relation to that. Can I check that that is the general consensus among all the witnesses?

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

I will clarify and you can supply more information in writing, because I have sprung this on you today. Everyone seems to agree that there is a reluctance to apply for discretion, which may be because of a lack of awareness or because of a lack of consciousness that it can be applied for, but do we know the extent of the problem? Have solicitors been surveyed? Does the Scottish Legal Aid Board have a feeling for how many times discretion should be being applied for? At the moment, no one is quantifying the extent of the problem. If you do not have that information today, please let the committee know, because that is important.

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

That is helpful; you have put on record that resource for the police is a key issue in the delivery of that provision and that that should be a priority. That is what we want to establish and put on record.

Do other witnesses have anything to add in relation to the importance of part 1 of the Domestic Abuse (Protection) (Scotland) Act 2021 being brought into force?

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 8 May 2025

Bob Doris

We have spoken about civil protection orders, but there are drawbacks to applying for those. There is potentially a cost to victims and the legal aid system is limited in its ability to alleviate those costs. I think that I heard you mention aspects of that, Colin, and Sophie certainly did. Is there consensus among the witnesses that that has to be looked at again? Rather than asking a specific question about what the issues are, I am checking whether we have established that that is a fact—that that is the view.