Key new powers to protect domestic abuse victims are still gathering dust four years after MSPs voted for them – and all ministers have done in the past 12 months is hold a workshop.
Holyrood unanimously backed the new law in 2021 to help police, courts and landlords deal with emergencies where women are in acute danger.
But John Swinney is now the third first minister who has failed to activate the powers.
The same Domestic Abuse Prevention Orders and Notices (DAPOs and DAPNs) promised for Scotland are now up and running in a series of pilot schemes in England and Wales.
In Greater Manchester alone, DAPOs were used more than 200 times in the first few months with at least six brutes ending up behind bars for breaching them.
But while those abusers were being rounded up down south, the Scottish Government convened a workshop on the logjam last March.
Now ministers have revealed that the measures are being shelved indefinitely while they set up a new working group to talk about the issue further.
Sophie Berry, a solicitor for the Women’s Rights Project at Glasgow’s Govan Law Centre, said: “The failure to implement this legislation is an unforgivable missed opportunity to help vulnerable women and children escape domestic violence and abuse in Scotland.
“It took many years of consultation and careful drafting to get the Domestic Abuse (Protection) (Scotland) Act 2021 on to the statute book, and it received overwhelming support.
“I see no credible argument for why England and Wales are able to achieve what we apparently cannot, four years after our own legislation was passed.”
Scottish Conservative MSP Pam Gosal has lodged her own Bill at Holyrood, calling for a register of domestic abusers.
She said: “Given that domestic abuse cases remain shamefully high, the SNP government’s haphazardness when it comes to delivering legislation on this issue is deeply alarming.
“Even by their standards, this failure to pass competent legislation and get it implemented is beyond unacceptable and shamefully betrays victims.
“DAPOs are supposed to protect the most vulnerable, but now it could be years before we get them implemented.
“If the SNP Government are serious about tackling the scourge of domestic abuse, they must start putting victims first. A good place to start is by giving their backing for my Prevention of Domestic Abuse (Scotland) Bill that is going through parliament.”
Scottish Labour justice spokeswoman Pauline McNeill said: “The SNP promised to protect vulnerable women and children, but after four years, three first ministers and countless delays, all they’ve delivered is a workshop.
“While England and Wales are jailing abusers under DAPOs, SNP ministers have shelved the same powers in Scotland and are now blaming their own legislation.
“This is a shameful failure – and it lies squarely at the feet of the SNP and John Swinney.
“We need action, not warm words. Vulnerable women and children are being let down because of their incompetence and inaction.”
The Domestic Abuse (Protection) (Scotland) Act was passed by MSPs of all parties in March 2021 – by 118 votes to 0.
Then Justice Secretary Humza Yousaf hailed it as “transformational legislation”, predicting it would help between 600 and 3,000 families a year.
He told Holyrood: “We collectively have a duty to ensure that our law and law-enforcement agencies have the tools to (protect) victims…
“We should never again have that stain on our collective conscience that victims of domestic abuse – predominantly women – must flee their homes in order to protect themselves.”
The Act targets perpetrators in two ways. Firstly, it would allow a council or housing association landlord to evict a convicted domestic abuser if the victim wishes to carry on living in the property. But even before a case goes to court, the police would be able to issue a suspect with a DAPN, ordering him or her out of the shared home if there is a risk of physical violence or psychological trauma escalating.
Courts can then follow up with a DAPO to cement the protection for three months and impose a vast range of conditions on suspects that can include being fitted with a GPS tracker or attending drug or drink rehab.
Police in England and Wales already had more powers than Scottish officers, and now the enhanced notices and orders have been running for several months in Greater Manchester, London, Cleveland and north Wales. But they still cannot be used in Scotland because SNP ministers have failed to table the secondary legislation needed to bring them to life.
Last summer, The Sunday Post highlighted fears that victims are being left at risk because of the delay, with then Housing Minister Paul McLennan admitting in an excruciating podcast interview that he was totally confused.
He said: “I think obviously there was legislation, you know, there shouldn’t have been, and to be honest, I don’t know how that would actually work.”
Since then, three Holyrood committees have put pressure on the government to come up with a solid date for implementation.
But this week, Victims and Community Safety Minister Siobhian Brown wrote to the equalities committee: “The consensus from those who participated in the workshop was that fundamental changes were needed to the legislation.
“A short-life working group will be established to consider recommendations for possible legislative change to ensure that domestic abuse protection orders can be implemented operationally and sustainably.
“Once determined and agreed, we will look to consult more widely in 2026 and thereafter consider the need for legislation.”
The Scottish Government said it is handing £21.6 million this year to more than 100 organisations working to prevent violence against women and girls and support survivors. It said: “We are committed to fully implementing the Act 2021. This is a complex piece of legislation, and through extensive and close working with stakeholders several unexpected operational challenges have been raised.
“A short-life working group is being established to consider possible legislative changes to ensure the Act can be implemented as intended and so it works for people. We will then consult on any proposed changes.”
A catalogue of ministers have played their part in the failure to implement the Act.
Nicola Sturgeon used the 2019 SNP party conference to announce the coming of DAPOs – and repeated the pledge in her Programme for Government speech of 2020.
Her successor, Humza Yousaf, was justice secretary when the law was passed.
Both are set to leave Holyrood at the election next year with golden goodbye resettlement grants in excess of £100,000 without having seen through their promises to domestic abuse victims.
Among other justice secretaries, Michael Matheson – another about to stand down as an MSP – first touted the orders in 2017 while Keith Brown claimed Part 2 would go live in 2022.
Current incumbent Angela Constance insisted those landlord powers would be up and running by spring 2024. So too did Deputy First Minister Shona Robison, when she was social justice secretary, and ex-housing minister McLennan.
Minister for parliamentary business Jamie Hepburn and equalities minister Kaukab Stewart have been liaising with committees about the delays.
It was Brown, the victims and community safety minister , who wrote to MSPs on Holyrood’s equalities committee last week to reveal that DAPOs have been put on the back-burner.
She said: “We will look to consult more widely in 2026 and thereafter consider the need for legislation.”
Timeline
How progress stalled after government promises nearly eight years ago.
Nov 2017
Justice secretary Michael Matheson reveals plan for new orders.
Oct 2019
Sturgeon to SNP conference: “Within this parliamentary term, we will introduce a new law to establish emergency protective orders.”
Sept 2020
Programme for Government: “The experience of lockdown reiterated the importance of protecting women and girls…facing domestic abuse.”
Oct 2020
The Bill is introduced along with consultation.
Jan 2021
Justice committee backs the Bill but says more work needed to make it practical.
Mar 2021
The Bill becomes law after MSPs vote.
Apr 2021
Westminster passes its own Domestic Abuse Act for DAPOs/DAPNs in England and Wales.
Winter 2022
Deadline missed to implement Part 2, which gives powers to landlords to eject abusers.
Sept 2023
Justice Secretary Angela Constance: “Detail being worked through.” Working group set up to discuss Part 1.
Spring 2024
Another deadline to implement Part 2 of the Bill is missed.
Jun 2024
Housing minister Paul McLennan: “I don’t know how that would actually work.”
Nov 2024
Pilot schemes activated across England and Wales. Police begin using the orders.
Mar 2025
Workshop held to discuss Part 1.
Jun 2025
Part 1 shelved indefinitely with new working group and consultation to be set up in 2026.
Dec 2025
New deadline for Part 2, but warning that it may be delayed yet again.
OPINION: Survivors affected by lack of urgency
By Sophie Berry, Solicitor at the Govan Law Centre, Glasgow
It really is incredible that here we are, yet another year down the line, and still there’s no sign of the key parts of this legislation being implemented, just endless delays and excuses.
Deadlines missed and promises broken, but plenty of time for a workshop, consultations and working groups.
It’s unbelievably frustrating for all of Scotland’s domestic abuse organisations that have contributed significant time and resources to bringing this legislation into existence.
Far more importantly, though, these are potentially life-and-death measures for survivors who continue to be affected by the lack of urgency with still no end in sight.
Almost 64,000 domestic abuse cases were reported to Police Scotland in 2023/24, with 81% involving a male perpetrator and a female victim.
Every day at Govan Law Centre’s Women’s Rights Project, we see women and children suffering the consequences of the failure to put these protections in place.
Yet, at the same time, we hear that significant progress is being made in England and Wales, with pilot schemes which appear to be making a real difference to the lives of survivors.
It makes no sense.
Women are most at risk just when they are trying to leave an abusive partner.
Giving the police the power to intervene on behalf of a person at imminent risk could make a vital difference at the most critical time.
And that’s as true today as it was in 2021, so any further delay would be unforgivable.
Enjoy the convenience of having The Sunday Post delivered as a digital ePaper straight to your smartphone, tablet or computer.
Subscribe for only £5.49 a month and enjoy all the benefits of the printed paper as a digital replica.
Subscribe