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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 14 January 2026
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Displaying 1331 contributions

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Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 7 January 2026

Liam Kerr

Good morning. For my first question, Pam Gosal, I would like to go back to the convener’s original question, just to drill into something.

The University of Essex research into a register for domestic abuse and stalking offences in England and Wales concluded that

“it seems evident that a register alone is unlikely to bring significant improvements in the criminal justice system’s response to high risk and serial domestic abuse and stalking perpetrators”.

Can you produce evidence that counters that assertion?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 7 January 2026

Liam Kerr

Yes, but we need evidence that it would work. The problem that the committee has is that we have heard evidence that it would not work, but I take your point about the study. If it has not been submitted already, perhaps you could send that to us.

I see that you might want to come back in. Let me ask a further question and then you could address the first point. We have also had evidence that the definition that is used in your bill of domestic abuse offenders does not capture the totality of risk. It might create a two-tier system for domestic abuse offenders, and it might be lead to an inconsistent definition of domestic abuse in Scotland. What is your response to that evidence?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 7 January 2026

Liam Kerr

I will press you on that, because it is important and I want to give you the best chance to counter what the committee has heard. The question that I put to you was that we have had evidence that there might be serious unintended consequences if your bill was to pass. We can all see that the bill has the best of intentions, but we have heard evidence that it might have serious unintended consequences, so I want to give you the opportunity to say whether you can give the committee any evidence that those unintended consequences will not come to pass and that, if the bill’s provisions are brought in, the reverse will happen and the hoped-for consequences will come to pass.

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 7 January 2026

Liam Kerr

My final question is on something that I have asked about in previous weeks. The committee has heard that there might be unintended consequences if the bill passes. For example, victims might have a false sense of security, there might be fewer guilty pleas and there might be an increase in disputes in trials about sensitive information. In particular, there might be an increased risk of retaliation, given that a victim might stay with their partner following their conviction. The committee will be worried about that. Can you produce evidence to counter those concerns?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 7 January 2026

Liam Kerr

I am very grateful.

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Liam Kerr

I am grateful.

09:30  

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Liam Kerr

I have one more question. Some domestic abuse organisations and, indeed, the member in charge of the bill have said that the notification requirements could act as a deterrent to domestic abuse offenders. The Crown Office and Police Scotland have said that they have not seen an evidence base for that, so it is crucial that the committee understands the issue. What are your views on that, minister? Do you think that there is a read-across from the deterrent value of the sex offenders register?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Liam Kerr

Thank you. I would like to follow up on something that Jeff Gibbons just said. You have both spoken about the disclosure scheme for domestic abuse Scotland—DSDAS. In your letter, minister, you talk about holding

“a workshop in September to recognise the 10 years that the Scheme has been in operation and to consider what more could enhance its operation further.”

To reassure the committee, could you give us a more detailed update on that and any work that you have planned in relation to the disclosure scheme, given that we have received specific evidence that there is a lack of awareness of the scheme?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 17 December 2025

Liam Kerr

Good morning. I want to go back to your opening remarks, minister. You said that the bill will not achieve what it intends to and that it lacks an evidence base, at least in relation to part 1. I am sure that you will acknowledge that many individual respondents to the committee’s call for views said that they feel let down by the current justice system and feel unsafe. Might the provisions in part 1 go at least some way to preventing or reducing incidents of domestic abuse and making victims feel safer? If not, what is the Scottish Government doing as an alternative?

Criminal Justice Committee [Draft]

Prevention of Domestic Abuse (Scotland) Bill: Stage 1

Meeting date: 10 December 2025

Liam Kerr

I understand.