Seòmar agus comataidhean

I thank the committee for allowing me to speak. It is important that I support this very important petition. Unwanted sexual choking and non-fatal strangulation in cases of domestic abuse is pervasive among women, particularly women under the age of 40. I would like the committee to note the incredible work that Fiona and Germain Drouet are doing, through their charity EmilyTest, to stop violence against women in educational institutions. Fiona Drouet is here today, at the committee, to stress the importance of this. The committee knows how important the matter is and that she is tracking the petition very closely.

Non-fatal strangulation must be a stand-alone offence. Historically, aggravators have not been applied consistently, and, without the creation of that offence, nothing is likely to change despite any attempts that might be made to educate. Having a legislative add-on would actually minimise the severity and the seriousness of this particular crime, not only for victims and survivors, but for perpetrators. The cabinet secretary references the Criminal Justice Modernisation and Abusive Behaviour Reviews (Scotland) Bill as a potential legislative vehicle. However, thus far, the Scottish Government has made no commitment to amend the bill in accordance with the petition.

I am sure that I speak on behalf of Fiona Drouet in thanking the committee for taking the matter seriously, for having this discussion a month after the last discussion of the petition and for recommending—as you have just said, convener—that the petition be referred to the Criminal Justice Committee, which I think is the right place for it.

It is absolutely clear to the committee that we must tackle this pernicious problem before more lives are irreparably damaged and lost. The lives and safety of young women and girls depend on it, so I thank the committee for recommending that the Criminal Justice Committee take evidence and progress the petition.

It is agreed unanimously. Thank you.

I have a final question on this area. During the committee’s evidence session on the proposed but delayed learning disabilities, autism and neurodivergence bill, we heard the alarming figures that 90 per cent of women with learning disabilities have been subjected to sexual abuse and that just under 70 per cent of them experienced sexual abuse before they turned 18. Did the SHRC’s research for this report encounter safeguarding concerns in institutional settings?

You have, Cathy. The buck stops with the Scottish Government and Scottish ministers.

My final question is, what communication have you had with Audit Scotland on that? Are you aware of whether it intends to undertake work on this area following your report? As you say, questions need to be asked.

The Scottish Government has not changed direction and it seems to be focusing on centralisation. Do you think that you have been heard by the Scottish Government?

Do you believe that the onus is on you to speak a bit more loudly, rather than the onus being on the Scottish Government to say, “We have heard you, and we are now going to take action”?

I have a quick follow-up question. If part of the issue is that there are not enough—or there is a high turnover of—social workers, so they are spread too thinly, who will do the action plans?

My next question is about resources. The SHRC’s findings on the community living change fund, which you referred to earlier, are startling. Significant sums have been left unspent and there has been a lack of transparency and accountability relating to the fund overall. Furthermore, money has been used to renovate institutional settings, which the SHRC says is

“in direct contravention of the requirements of the right to independent living.”

That is alarming. It is absolutely shocking.

How should funding be allocated and monitored to ensure that that will not happen again? Have you raised your concerns directly with the Scottish Government? If so, what was its response?

In relation to the 55 people who have been incarcerated for longer than 18 years and the 10 people who have been incarcerated for more than 25 years, we had a powerful witness statement, a few months ago, from an organisation called People First (Scotland). Gregor Hardie gave us each a chart that basically said “Countdown to the Scottish Government’s coming home deadline”. He said that

“the deadline has been and gone without the commitment being met.”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 26 November 2024; c 11.]

I have had that up on my wall as a reminder. One could say to People First (Scotland) and those families that there is a dereliction of duty by the Scottish ministers and that the issue lies at the door of the Scottish ministers.

I have a follow-up question. I was struck by the case of Linda, who appeared in the BBC documentary “Jailed: Women in Prison”. Linda has been diagnosed with Gómez–López-Hernández syndrome, which is a developmental disability, and she has been placed in custody at Wintergreen Hall, which is a specialised unit in HMP Stirling. Linda said:

“I don’t want to be out, it’s just safer in here.”

How can we ensure that women such as Linda have the support that they need when they leave an institutional setting?

Jan, my colleague Evelyn Tweed asked about “serious gaps” in the Highlands and Islands. In the north-east of Scotland, there seem to be huge issues with rural proofing, including problems with access to healthcare and the centralisation of other services, and a lack of efficient, effective public transport. For example, the X7 bus service has been reduced, which has had huge impacts on the population, including severely negative impacts on people with learning difficulties. General practices are closing at twice the rate in rural areas as they are in the central belt, which is also a huge issue. Practices are in crisis because they are struggling to cope and survive.

That lack of rural proofing by the Scottish Government is a massive problem. In your view, what can the Scottish Government do to address it? Do you believe that Scottish ministers understand the significant impact on rural and remote communities?