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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 4 May 2021
  6. Current session: 13 May 2021 to 15 September 2025
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Displaying 899 contributions

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Equalities, Human Rights and Civil Justice Committee [Draft]

Post-legislative Scrutiny

Meeting date: 24 June 2025

Kaukab Stewart

Absolutely. The statutory guidance will describe the responsibilities of chief executives, directors and senior managers in agencies that handle cases of FGM. The guidance will also set referral pathways, with the aim of improving collaboration between statutory and specialist services to ensure that victims receive the support that they need. Officials have set up the statutory guidance working group, which includes representatives from health, social work, education, child protection, Police Scotland and third sector organisations. Nel Whiting can confirm whether the children’s commissioner was involved. In order to ensure close links with the children’s hearings system, representatives are also included from Children’s Hearings Scotland and the Scottish Children’s Reporter Administration. I do not know for a fact whether the children’s commissioner was involved.

Equalities, Human Rights and Civil Justice Committee [Draft]

Post-legislative Scrutiny

Meeting date: 24 June 2025

Kaukab Stewart

To clarify, we are not refreshing the guidance; we are developing statutory guidance.

I am satisfied that we have the resources. I noted with interest the committee’s evidence session in December, and I have been very careful to track the progress that we have made in the past six months. I am satisfied that we are on course to deliver in 2026. There are legitimate reasons for the delay, but I absolutely take on board that that is having an impact. We cannot have that. Women are suffering, so we must do everything that we can. I assure the committee that I am satisfied that we are on course.

Equalities, Human Rights and Civil Justice Committee [Draft]

Post-legislative Scrutiny

Meeting date: 24 June 2025

Kaukab Stewart

I am grateful to the committee for the invitation to provide information on the work that is being undertaken to implement the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020. I want to begin by stressing that the Government is resolute in its commitment to the implementation of legislation passed by the Parliament. As the Minister for Parliamentary Business highlighted when he attended the committee in December 2024, work involved in implementation can be complex. It also relies on other organisations and agencies that we need to work with. Hence, to ensure the effective implementation of the act, we are working closely with external stakeholders, including Police Scotland, the Scottish Courts and Tribunals Service, local authorities and health representatives, as well as our Scottish minority ethnic women’s network. We aim to implement the 2020 act within 2026, but the timeline also depends on other organisations’ capacity to implement aspects of the act.

I am clear that, although I want the act to be implemented as soon as possible, we will be implementing it in a way that is sustainable and that ensures that the act can deliver the intended protections to women and girls without placing unmanageable pressure on those who are responsible for delivery.

The work that is under way falls into three main development areas: court rules, statutory guidance and training and awareness raising. I will raise each of those in turn.

Court rules are necessary to provide clarity on how the act will work in practice and what procedures need to be followed to ensure that the legal processes remain effective and efficient. In the case of the FGM act, court rules might be needed to provide clarity on issues such as timescales for carrying out procedural steps; how the views of child victims or witnesses will be sought and by whom; what forms are used to gather information and how it is stored; how anonymity is maintained and where and how removed passports might be stored.

An additional complexity in this instance is that criminal and civil court proceedings will be needed. We have spoken with operational partners and have agreed to establish a legislative working group to ensure that all relevant partners are brought together to work through those issues.

The creation of statutory guidance will help to address knowledge gaps and offer clarity and certainty for practitioners and organisations that are working with victims of FGM. Officials have set up a statutory guidance working group that includes representation from those in health, social work, education, child protection services, Police Scotland, Children’s Hearings Scotland, the Scottish Children’s Reporters Administration and third sector organisations.

The working group has had two meetings, one of which was held yesterday. As a result, the content, structure and overarching aims of the statutory guidance have been agreed. Officials will be drafting the statutory guidance during the summer of 2025, with the intention of circulating a draft version to stakeholders for feedback later in 2025.

We have also agreed, along with the group, to the production of sector-specific pamphlets. Those will be concise and accessible resources for professionals to use in their day-to-day practice. A similar approach was taken when we refreshed the statutory forced marriage guidance, and it was received well.

Finally, I will highlight work related to training and awareness-raising materials. Officials are currently undertaking a mapping exercise to identify existing training across sectors such as education, health and policing. That will help us to understand where the gaps and opportunities lie. Once complete, officials will engage stakeholders to co-design appropriate training solutions.

We understand that awareness-raising materials will need to be culturally appropriate, available in multiple languages and produced in inclusive formats to ensure accessibility for all. We also recognise that community-based awareness is crucial, and we will work closely with stakeholders to ensure that that is a core element of our approach.

I hope that the committee can see that real progress is being made towards implementation, and I am happy to take any questions from the committee.

Equalities, Human Rights and Civil Justice Committee [Draft]

Post-legislative Scrutiny

Meeting date: 24 June 2025

Kaukab Stewart

We are talking about the court rules, which are a type of secondary legislation that set out the practice and procedures of the courts. They provide clarity about how the act works in practice and about what procedures need to be followed to ensure that the legal processes remain consistent and efficient.

The Scottish Civil Justice Council considers and prepares draft rules of procedure for the Scottish civil courts. When approved by the council, draft rules are submitted to the Court of Session for consideration, and if approved by the court, an act of sederunt is made.

In the case of this act, court rules might be needed to provide clarity on issues such as timescales for carrying out procedural steps in a case; how the views of child victims and witnesses might be sought and by whom; what forms are used to gather that information and how that information is stored; how anonymity can be maintained; and how removed passports might be stored.

10:45  

Of course, the further complexity is that the act allows for FGM protection orders to be issued in both civil and criminal proceedings. During criminal proceedings, courts may impose a protection order following a conviction for an FGM offence. That represents challenges with implementation, as civil and criminal proceedings have different procedures and distinct information technology systems. Therefore, careful consideration is required to ensure that implementation is effective in both courts. We anticipate that implementation of the rules will require systems change and associated costs across the justice agencies.

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 22 May 2025

Kaukab Stewart

Will you repeat the question?

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 22 May 2025

Kaukab Stewart

That is a huge concern, and we recognise that financial control and the creation of debt in abusive relationships can adversely impact victims/survivors. Of course, that can include public debt such as rent and council tax arrears. Through the current Housing (Scotland) Bill, we are taking steps to improve how social landlords respond in such circumstances, by requiring them to develop and implement domestic abuse policies and to provide specialist support before legal action is taken over arrears that are connected with such abuse. We are also committed to bringing part 2 of the Domestic Abuse (Protection) (Scotland) Act 2021 into force in December 2025. That will enable courts to transfer secure tenancies away from perpetrators and give victims the option to remain in their home safely.

More broadly, the Scottish Government recognises the impact that public debt can have on people in vulnerable situations and we encourage all public bodies to adopt best practice in debt collection and advice. We are investing £2.2 million to expand Citizens Advice Scotland’s council tax debt project, which provides tailored support to affected households and promotes best practice in debt collection across local authorities. I am fully aware that it is a complex and multifaceted area. I am quite happy to bring in James Messis, who will be able to provide the member with further information.

09:15  

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 22 May 2025

Kaukab Stewart

James, are you happy to answer that?

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 22 May 2025

Kaukab Stewart

I can only reiterate that we are always on standby to work with the UK Government. Although there are certain benefits that we have created, we know that some, such as universal credit, are down to the DWP. The committee’s emphasis of that joint partnership is welcome, but it requires both parties to be able to do that.

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 22 May 2025

Kaukab Stewart

Yes—thank you for that.

Social Justice and Social Security Committee [Draft]

Financial Considerations When Leaving an Abusive Relationship

Meeting date: 22 May 2025

Kaukab Stewart

I beg your pardon—I have so much information in front of me that it is like sitting an exam.

It is, of course, essential to have a trauma-informed approach. We know that financial abuse in the context of domestic abuse can mean that abusive partners claim social security benefits, which further traps victims and survivors.

Our charter commits Social Security Scotland to adopting trauma-informed practice as standard, and the agency is actively working to embed that practice across the organisation. All Social Security Scotland’s health and social care staff undergo training on trauma-informed practice, in conjunction with NHS Education for Scotland. Social Security Scotland’s induction programme includes trauma awareness, and those in the workforce, including local delivery advisers, complete annual training that covers the principles of safeguarding, recognising abuse and public protection.

As part of its commitment to being a learning service, Social Security Scotland welcomes feedback from clients, which is really important in ensuring that the client experience is as good as it can be. It takes feedback from clients, colleagues and stakeholders, which helps to inform any changes that we need to make. Social Security Scotland continually revises its guidance to ensure that women are supported in the best possible way. I hope that that is helpful.