Chamber and committees

I agree that mental health issues can sometimes be the reason for that type of behaviour. If it is okay with Jamie Greene, I will speak to my colleague in health and will perhaps get back to him with a joint reply on how justice and health are working together on the issue.

We are committed to ensuring that the police and local authorities continue to have the powers and resources that are needed to reduce antisocial behaviour in our communities, including investing in prevention and early intervention. We fund the Scottish Community Safety Network, which has links to all of Scotland’s local authorities and community planning partnerships, to support community safety partnerships and other agencies, such as CrimeStoppers and Neighbourhood Watch Scotland, to achieve positive outcomes for individuals and communities.

I do, and I thank Eleanor Whitham for raising the matter with me. I am sorry to hear about her constituent’s experience. The Scottish Government is clear that no one should have to experience such abuse, especially where the abuse is being perpetrated by somebody who is already held in custody.

If she has not done this already, Eleanor Whitham’s constituent might wish to report that incident to the police. If the member wants to give me further information, I would be happy to raise the matter with the Scottish Prison Service. If a complaint is made to the Scottish Prison Service or Police Scotland, prison rules can be used to put further processes in place in respect of any prisoner who is involved in the misuse of a phone. The Scottish Prison Service could work with Police Scotland to assist in the investigation. If Eleanor Whitham wants to provide me with further information, I will look into the matter for her.

Experiences and perceptions of antisocial behaviour have reduced over the past 10 years. The Scottish crime and justice survey reported that fewer adults thought that it was common in their area for people to behave in an antisocial manner, with a drop from 46 per cent in 2008-09 to 33 per cent in 2019-20. More adults felt safe walking alone after dark in their local area, with that figure going up from 66 per cent in 2008-09 to 77 per cent by 2019-20. Although we would all agree that that is good news, we are not complacent, so our support for the Scottish Community Safety Network and partner organisations makes it harder for individuals to engage in antisocial behaviour. By working in that partnership way, we can continue that positive trend.

The Scottish Government funds Migrant Help, the Trafficking Awareness Raising Alliance and the Scottish guardianship service to provide specialised support to adults and unaccompanied children who are potential victims of trafficking. That support is key to mitigating the risks of retrafficking. It includes safe accommodation, legal and financial advice, supporting return to education and support in navigating the welfare and immigration systems.

The Human Trafficking and Exploitation (Scotland) Act was passed unanimously in 2015. It gives the police and prosecutors greater powers to detect and bring to justice those who are responsible for trafficking. Obviously, decisions in relation to prosecution are for the Crown Office and Procurator Fiscal Service, and are taken in line with its published “Prosecution Code”.

A number of convictions have been secured under the terms of the 2015 act. However, we also recognise that human trafficking is a complex crime in which control and coercion are often exerted by perpetrators over victims in sometimes subtle and often hidden ways. Crimes relating to human trafficking may also be prosecuted under other offences.

Supporting victim engagement is key in the area and is an element of the law enforcement approach that is being taken. Police Scotland has recently seconded a victim navigator from the charity Justice and Care to its national human trafficking unit, to enable early contact with potential victims and to support them through the criminal justice process, where the victims wish it.

I agree with Willie Rennie and I understand completely that although antisocial behaviour can seem to be quite minor in the scheme of things, it can have a devastating impact on individuals’ daily lives. We want people to feel safe in their communities, and we want the process for them to get help from the authorities in addressing issues to be as simple as possible. If the member contacts my office and provides examples of what he is talking about, I will look into the matter for him.

Gillian Martin raises an important point. I commend her work on the matter.

Around 80 to 85 per cent of High Court trials relate to sexual offending, so the backlogs in the criminal courts can have a disproportionate effect on access to justice for women. The Scottish Government has invested £50 million of funding to help the Crown Office and the Scottish Courts and Tribunals Service to address the impact of coronavirus on the courts. New court capacity was introduced in September this year, with four additional High Courts and two additional solemn sheriff courts sitting. That is a significant increase from the pre-pandemic trial court position and a direct response to the concerns about access to justice.

Efforts have also been made to prioritise domestic abuse cases, as raised by Gillian Martin. In the first quarter of 2021-22, such cases accounted for nearly half of sheriff court summary trials in which evidence was led. That helps to show how efforts have been made to prioritise domestic abuse cases.

The cabinet secretary and I spoke to Baroness Kennedy just last week and she confirmed that she is on track to meet the committee’s deadline of reporting to ministers by February next year.

Despite our best efforts to eliminate men’s violence against women and girls from society, it remains a daily occurrence. We must work relentlessly to challenge all the behaviours that facilitate and enable it. My vision is of a Scotland where women and girls are treated with respect, not one where we turn a blind eye to things such as abuse, violence and sex trafficking. I am determined to work across this Parliament and with our stakeholders to realise that vision.

I move,

That the Parliament welcomes the opportunity to highlight the 16 Days of Activism to End Gender-Based Violence and to reaffirm a strong commitment and programme of action to prevent and eradicate all forms of violence against women and girls; recognises the opportunity as Scotland emerges from the COVID-19 pandemic to transform its justice services, ensuring effective, efficient and resilient services that meet the needs of people and reflect the role for justice in a modern society; welcomes the Scottish Government's commitment to setting in place the right legislative environment to support, enable and protect women and girls, including the introduction of world-leading human rights legislation furthering Scotland's international obligations; welcomes the planned establishment of a Governance Group comprising key stakeholders to progress the detailed consideration of the recommendations in the Lord Justice Clerk’s Review Group report, Improving the management of sexual offence cases, including the potential introduction of specialist courts, and to identify and prioritise recommendations that can be taken forward without legislative change; recognises and reflects on the advancements made and key achievements to date, including the delivery of a pilot to pre-record rape complainers’ statements; notes the progress of the Misogyny and Criminal Justice in Scotland Working Group, chaired by Baroness Helena Kennedy; acknowledges a new work stream to take a strategic approach to women in justice in the system to address the unique needs of women not currently being met, either as offenders or victims; commends the work of frontline criminal justice advocacy support services, which have worked tirelessly to redesign services and ensure that women and children can still access support throughout the pandemic, and encourages continued collaboration to ensure that the interests of victims of gender-based violence and those who rely on the justice system remain at the heart of necessary reforms, and to deliver a modern justice system fit for the future.

Men’s violence against women and girls continues to be a plague on Scottish society. Women and girls remain the victims on a spectrum of violence ranging from misogynistic conduct to violent sexual crimes. It is one of the most widespread, persistent and devastating human rights violations in our world today. Today’s debate falls within the United Nations 16 days of action campaign and represents an opportunity to take stock of our progress and consider what more can be done both from the justice perspective and by everyone in society.

We approach today’s debate and year end reeling from a series of public and disturbing examples of extreme violence against women. In the context of the Covid-19 restrictions and the consequent increases in many forms of gendered violence, we find the spotlight firmly focused on those issues and our responses. Society is rightly asking questions on prevalence, the attitudes of men, cultures of organisations and the role that the justice system plays in addressing those issues.

The question of whether gender matters to the justice sector is relevant to the debate. Is justice blind, when women’s experiences of crime are gendered? Achieving gender equality includes an obligation to address the underlying causes and structures of gender inequality, including discriminatory norms, prejudices and stereotypes. The justice system has a prominent role in setting out the parameters of what is expected from a modern progressive society. Our vision is for Scotland to be a country where women and girls have equal rights and equal access to power and resources, and where they can live their lives free from gender-based violence. We believe that Scotland can demonstrate international leadership by its commitment to equality.

The murders of Esther Brown, Sarah Everard, Sabina Nessa, the sisters Bibaa Henry and Nicole Smallman and many more are painful examples that show that, despite our collective efforts, we are faced with the sobering reality that women are dying at the hands of men. The latest United Kingdom femicide census found that, on average, a woman is killed by a man every three days. It is not a surprise that generations of women are unconvinced by our efforts to tackle perpetrator behaviour nor that they do not feel safe. The recent outcry from women regarding spiking and the boycotting of nightclubs demonstrate that women will not accept that.

“Equally Safe: Scotland’s strategy for preventing and eradicating violence against women and girls” makes the causal link between gender inequality and violence against women and girls. It has been credited as the basis for the groundbreaking Domestic Abuse (Scotland) Act 2018, which came into force in April 2019. With recent figures showing that 84 per cent of court proceedings are leading to a conviction, the act is living up to its reputation for being a global gold standard.

Our programme for government includes several ambitious commitments that recognise the unique opportunity that this Parliament has to consider transforming the justice system in order to benefit victims of gender-based violence. We are pressing forward with the consideration of Lady Dorrian’s review, including the introduction of specialist courts and measures to enhance victims’ rights. The recommendations included a pilot—which is being supported by the Scottish Government, justice partners and Rape Crisis Scotland—to reduce the trauma that is associated with going to court through the pre-recording of police statements for later use at trial. That initiative, which represents a fundamental shift in how evidence is captured, puts victims at the centre. It has continued throughout the pandemic, and we are now scaling it up with operational partners so that more people can access its benefits.

Incremental changes are not enough, because the justice system has historically been designed around the needs of men and not women. I think that we all agree that women deserve better, and I am pleased to be leading new work to develop a strategic approach to women in the justice system. That work will invest in developing an evidence base to demonstrate how experience of the justice system differs depending on gender and intersectionality. It will improve outcomes for women and build a case for system change where women are being failed. It will align with efforts to tackle the systemic inequality and disadvantage that women experience, which have been made worse by the pandemic.

Poverty, social security and housing are issues that are layered throughout people’s access to services, and they impact on women’s abilities to move forward. Lived experience is central to understanding that, so, earlier this month, we put out the first national tender to gather qualitative evidence to inform service design in relation to those who are involved in prostitution—a marginalised group that has experienced multiple barriers to support during the pandemic.

We are also committed to setting in place the right legislative environment to support and protect women. Our aspirations as a global leader in human rights include a new human rights bill that will incorporate into Scots law four United Nations human rights treaties including the Convention on the Elimination of All Forms of Discrimination Against Women. CEDAW compels us to

“take all appropriate measures ... To modify the social and cultural patterns of conduct of men and women”

where they are

“based on the idea of the inferiority or the superiority of either of the sexes”.

It also obligates us to

“take all appropriate measures, including legislation, to suppress all forms of

trafficking and the exploitation of women through prostitution.

That is highly relevant as we move forward with plans to design a new model for Scotland to challenge men’s demand for prostitution—a behaviour that strengthens and emboldens male entitlement and misogynistic attitudes. We must do all that we can to root out misogynistic behaviours in society. They cannot be allowed to go unchecked or to exist in plain sight. Baroness Helena Kennedy QC is looking at that very issue and exploring whether a stand-alone offence is needed to tackle misogynistic conduct. That work is vital and we stand ready to consider her recommendations and act swiftly.