2. To ask the Scottish Government what protection is available to victims of domestic abuse when harassment and exclusion orders expire. (S6O-02935)

A non-harassment order can be made in certain circumstances by a criminal court or civil court. The criminal or civil court can make a non-harassment order that runs for an indefinite period of time if it considers that to be appropriate. A person can apply for an exclusion order from a civil court to exclude from the family home their spouse or civil partner or, in certain circumstances, their cohabiting partner. Those orders end automatically in certain circumstances, such as when a couple divorce. Anyone who remains at risk of abuse or harassment after an exclusion order or a non-harassment order ends could apply to the civil court for a further non-harassment order or an interdict.

I thank the minister for that answer, but that has not been the experience of a constituent of mine who has struggled to get legal representation and to navigate the court process. More needs to be done. I would be keen to understand from the minister when domestic abuse protection orders will be implemented by the Scottish Government. Does the minister agree that a two-plus-year delay in getting that additional measure in place sends the wrong message to victims?

Non-harassment orders are intended to provide a means of ensuring that on-going harassment can be prevented. They can be especially important in protecting victims from on-going abuse by a partner or ex-partner who has been convicted of a domestic abuse offence, particularly if there are long-term coercive or controlling behaviours. However, discretion lies with the court in each individual case to determine whether to impose an NHO.

Women in Shetland continue to struggle to get legal support for domestic abuse cases, including to obtain harassment and exclusion orders. They are required, sometimes with great urgency, to find and engage a solicitor on the Scottish mainland who will take on legal aid cases. Does the Scottish Government agree that that situation is unacceptable, with island victims of domestic abuse facing unique barriers to justice at often critical and vulnerable times?

Our current legal aid funding arrangement ensures that around 70 per cent of people are eligible for a form of civil legal aid in Scotland. Means testing remains an important lever to ensure that we retain the wide scope of cases for which legal aid is available in principle. We have invested significant funding in front-line services, and we work closely with statutory agencies to improve their response to victims and survivors. We also provide support to the Scottish Women’s Rights Centre.