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New Petitions

Justice System (Rape and Other Sexual Offences) (PE688)

Wednesday 7 January 2004 Public Petitions Committee Petitions 87 contributions · 7 speakers

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The record

87 contributions
Michael McMahon Lab The Convener · Hamilton North and Bellshill
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We kick off with petition PE688, on the treatment of persons charged with rape or other sexual offences. The petition is in the name of George McAulay, on behalf of the UK Men's Movement. The petitioner is calling on the Parliament to introduce a range of measures on the treatment by the justice system of people who are charged with rape or other sexual offences. The petitioner has provided additional material, which was circulated electronically to members before the Christmas break. Mr McAulay is here to give a brief statement to the committee in support of the petition. Welcome to the committee, Mr McAulay. You have three minutes to introduce the subject.

George McAulay UK Men's Movement
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Good morning. We in the UK Men's Movement do not agree with or espouse the claim that all women fantasise about rape and would enjoy it. However, it is a tenet of faith of Glasgow rape crisis centre—formerly Strathclyde rape crisis centre—that all men are potential rapists. I have that here, in the centre's paperwork. The centre is funded and feted by Government and drives through legislation, whereas we in the UK Men's Movement are called extremists.Some of us have crossed swords before and there is no personal or ideological love lost between us. I lack the diplomacy and persuasive charm of the professional advocate, eschew euphemism and bare my fangs, which makes my task today far easier than the committee's. Members, not I, are the legislators. They must put aside personal dislike and ideology to debate an area of legislation that has enormous consequences for individuals whose fate depends on their integrity. I am talking about real people, not about statistics.Scottish National Party members will know Jim Fairley and his wife—they cannot come to today's meeting, because Jim is having a hip operation, but they have asked me to say that they support our petition absolutely. Quack therapists made their daughter mentally ill by constantly implanting the notion that she had been abused by Jim Fairley, but eventually—very belatedly—an investigation proved that to have been impossible. There are even worse casualties than the Fairleys, such as the McLaughlins and the Beatties, whose sons committed suicide, broken by the stress of having their character and reputation publicly destroyed, regardless of the fact that the court convicted the false accuser. Those young lads are the only ones of which we know—there may be more. However, they are male and therefore disposable. No one in authority is counting—is the committee?The Parliament and the Executive make much noise about their commitment to equality. I have seen little evidence of that when men ask for equality. We ask that the accused, who may be innocent, be given the same anonymity as complainers, who may be malicious. We do not ask for continued anonymity for the guilty or for the naming or punishment of the genuine victim.When members deliberate, they should take a moment to think of two young lads on the cusp of manhood who should be brimming with the zest, boundless optimism and joie de vivre of youth. They should think of the awful desolation to which those lads were reduced—so despairing that they put a rope around their necks and choked to death. Members should think of the parents who found them and those parents' months of despair and endless years of grieving. I have children whom I love, as members may have. I want my children to outlive me, as members wish their children to outlive them, but that will not happen for the Beatties and the McLaughlins. That is a tragedy that only members can prevent from happening to some other mother's son.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Thank you, Mr McAulay. We are joined this morning by Brian Monteith, who has indicated an interest in the petition. Do you have anything to add before we move to questions, Brian?

Brian Monteith Con Mid Scotland and Fife
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Yes, convener. Thank you for giving me the opportunity to speak.Whatever members may think of George McAulay—especially those who in the past have crossed swords with him, as he put it—or the organisation with which he is involved, the UK Men's Movement, and whatever members may think of the evidence that he has presented to the committee, which they may doubt or challenge, Mr McAulay raises an important issue. For me, the issue is not about gender; it is about power—the power of one individual over another and, by extension, the power that false accusation of a sexual crime as heinous as rape can give to an individual.When Mr McAulay submitted a petition of a similar nature in 1999, it was rejected. Since then, there have been a number of high-profile examples of false accusations of rape. There is an issue of justice or injustice that needs to be considered. The petition merits discussion. The petition's one flaw is that it is rather long. It makes a number of specific suggestions, but it would be difficult for any committee to pick up all of them. However, within the overall scope of the petition there is merit in either investigating or taking action to determine the extent to which there are false accusations of a sexual nature and whether it would be worth making a change in the law to give anonymity to those who, after all, are meant to be innocent until proven guilty.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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A petition was submitted previously on a similar issue. Mr McAulay, you have said that circumstances have changed or that other issues have arisen since then. However, did you not say that those who made false accusations were dealt with by the law? Is it not the case that the law as it stands offers the type of protection that you seek?

George McAulay UK Men's Movement
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I am afraid not. The sentence that was imposed on Eilidh Connell, who made a false accusation of rape against Stuart McLaughlin, was for four months' community service. That is risible when compared to the penalty that would have befallen Mr McLaughlin had he been convicted.I can give many examples—I believe that there are some in our supporting evidence—of police not acting on a patently false accusation of rape. For example, there was a case in France in which no action was taken against a 14-year-old girl who made a false accusation, despite the fact that a girl had been raped and murdered a year earlier in France. A persistent culture in society insists that women should not be held to account. There are many examples of police or prosecuting authorities failing to take action when there is clear evidence of a criminal intent to malign people and to pervert the course of justice.A political energy exists that encourages rape complainers to come forward. It is wrongly perceived that deterring false accusers would discourage genuine victims from coming forward. It would not. We make no request for genuine victims who fail to secure a conviction to be charged. The standards of evidence that apply to any crime should apply to cases or charges of false accusation. In many cases, an accused may be found not guilty although he may be guilty, or he may be found not guilty because of a grey area in law. Furthermore, a woman might not have an accurate recollection of events because she had been drunk or for some other reason, so it would be improper to prosecute in such circumstances.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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I am concerned about some of the things that you have said in relation to what is driving your petition. You keep referring specifically to rape and the issues that surround it. However, equally—

George McAulay UK Men's Movement
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There is a whole gamut of issues, but what drives my petition is simple. I do not know what you are trying to imply, Mr McMahon, but a quest for simple justice is what drives my petition. I want the crime of rape and the dreadful crime of sexual abuse to be taken out of the arena of political zealotry, which has driven prosecutions.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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That has answered the question of what drives your petition. Do members have further questions?

Carolyn Leckie SSP Central Scotland
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I have a couple of questions. I disagree vehemently with the rationale of your petition, Mr McAulay, but I am interested in its possible effect. Given that only 7 per cent of rape allegations result in a conviction and, according to research, loads more rapes go unreported and many rape victims report that the men who raped them were known to them, do you believe that anonymity for alleged perpetrators would increase the conviction rate? Is it your contention that more women would come forward if that was the case? You seemed to suggest that in your previous comments.

George McAulay UK Men's Movement
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I am sorry, but what you are saying is unclear. What are you asking?

Carolyn Leckie SSP Central Scotland
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Given that only 7 per cent of rape allegations result in convictions and that research shows that lots of women who have been raped do not even make an allegation—probably because most of the time the man who has raped the woman is known to her either as a family member, friend, neighbour or associate—is it your contention that anonymity for the alleged perpetrators would result in higher conviction rates and more women coming forward?

George McAulay UK Men's Movement
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In a left-handed way, I believe that that could happen. The low conviction rate is due to the weak link in the feminist attempt to use rape as a tool to vilify all men. The low conviction rate results from the decisions of juries, which are composed of men and women. Defence lawyers like to pack juries with women, because women jurors are not as gullible as male jurors are. As I said, jurors are responsible for the low conviction rates in rape trials. At the moment, there is a lack of credibility about those who cry rape. If that credibility were to be restored, that would encourage more genuine victims to come forward. I do not want to discourage genuine victims from coming forward to seek justice. A genuine victim has nothing to fear. I want to avoid the dreadful situation in which allegations of rape are being used as a tool of persecution against men, which affects not only men, but women and their extended families. The consequences are huge. Two young boys have died on the end of a rope and their mothers, fathers and siblings have to live with that for the rest of their lives. The matter should be addressed.

Carolyn Leckie SSP Central Scotland
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So what percentage of the 93 per cent of cases that do not lead to convictions involves false allegations?

George McAulay UK Men's Movement
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I have not got a clue, which is why I have asked for the research. I am quite willing to abide by the results of objective and politically untainted research.

George McAulay UK Men's Movement
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Yes, but a lot of that research is tainted. I am sure that everyone around the table knows how research can be manipulated. I am willing to see neutral, quality, objective research into the subject acted on. I do not care whether that is to the detriment of my position. I am before the committee to try to seek justice. Equally, I want justice for genuine victims.

Carolyn Leckie SSP Central Scotland
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Are you aware that the anonymity that is given to people who make allegations of rape is given not in law but by convention?

George McAulay UK Men's Movement
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Yes, I know that it is a convention.

Carolyn Leckie SSP Central Scotland
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So you are asking for that convention to become law, too?

George McAulay UK Men's Movement
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It would be a good idea to enshrine both in law. We considered posting on our website the name of a patently false accuser who had not been prosecuted, but we decided not to do that. We would rather let the civil process arrive at a just conclusion.

George McAulay UK Men's Movement
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In the region of 400.

George McAulay UK Men's Movement
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Absolutely, yes. Compared with female activism, male activism is small. Is our size in some way detrimental to us?

George McAulay UK Men's Movement
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If I had a ha'penny for every time someone approached me in the street and said that they sympathised with me, we would be a rich and big organisation. As I said, compared with female activism, male activism is slight.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Okay. Please let us stick to asking and answering questions.

Jackie Baillie Lab Dumbarton
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I welcome Mr McAulay to the Public Petitions Committee. I do not think that anyone would support a person who made false allegations, irrespective of the crime. Equally, it is not a desirable outcome for anybody to be taken through our adversarial court system unnecessarily, irrespective of the person's gender. I want to pursue the point that the convener made about false allegations. Irrespective of the nature of the offence, a false allegation can already be subject to criminal proceedings. Whether criminal proceedings are pursued and, if they are, what sentence is applied are matters for the courts and judges to decide. Do you believe that judges and sheriffs, who value their independence from the Parliament—which is as it should be—and guard it jealously, behave in a politically correct fashion to the extent that they are not acting independently?

George McAulay UK Men's Movement
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Absolutely. The long arm of political correctness reaches everywhere, as you well know. There is a factual inaccuracy in what you say. The prosecuting authorities prosecute with zeal. The Lord Advocate is a political appointee. He can be urged to act and to send out instructions to fiscals and others to act with zeal in the prosecution of accusers who have made patently false allegations of rape. Thanks to Her Majesty's inspectorate of constabulary's report on these issues, and thanks to the political thrust when charges are made, rape complaints are pursued to the point of idiocy. However, even the most ridiculous of complaints count towards the crime figures. That helps to explain the 7 per cent conviction rate. As I said, I have no doubt that guilty men go free. I abhor that as much as anyone else.

Jackie Baillie Lab Dumbarton
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What would you do to increase the rate of reporting, and therefore of conviction, in sexual offence cases?

George McAulay UK Men's Movement
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I am not here to increase the rate of reporting. There is a price to pay for justice. If I were the victim of a heinous crime, I would have to report it and face my attacker in open court. That is as it should be. A special provision of anonymity, and special treatment, are offered to those who have complained of rape. That is to be sensitive to the special nature of the trauma that they have undergone. I think that that is concession enough. Victims of other heinous crimes have no such provision made for them.

Jackie Baillie Lab Dumbarton
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I understand that the only group that is protected in law—although I am sure that I will be corrected if I am wrong—is children. Any other protection is by convention only.

George McAulay UK Men's Movement
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Yes, things are done by convention. However, I do not doubt for one moment that, if we broke the convention, Parliament would immediately legislate to make it law.

George McAulay UK Men's Movement
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It would be, yes.

George McAulay UK Men's Movement
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Might I have a drink of water, please? I am somewhat dry. Does your hospitality extend to a glass of water?

Sandra White SNP Glasgow
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I am sure that the clerks' hospitality will extend to a glass of water.

George McAulay UK Men's Movement
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Preferably with no poison.

Sandra White SNP Glasgow
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Because of what he has gone through, I have great sympathy for Jim Fairley, as well as for the young men that you mentioned. We have spoken about the convention and the legislation and you agree that anonymity is a convention in relation to women. In your opening remarks, you spoke about people making scurrilous charges of rape, perhaps after having had too much to drink. Would you expand on those remarks? You are saying that, in certain circumstances, women in particular are crying rape when they may have had too much to drink or when they do not know the person particularly well. What is your definition of rape?

George McAulay UK Men's Movement
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My definition is the same as the legal definition: it is the penetration of the vagina, forcibly and against the will of the woman. It is as simple as that. That is rape. I am aware that, at a certain stage of drunkenness, a woman is incapable of giving consent.

George McAulay UK Men's Movement
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Yes—if the woman does not give her consent, that would constitute rape.

Sandra White SNP Glasgow
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That has clarified for me the first point that you made in your opening remarks.You have been at the committee before—I was a member of the committee then as well—with a petition that went to the Justice 1 Committee. What do you feel about the Executive's response to that petition, which was that we might open up the floodgates and apply the same thinking to murder cases, for example?

George McAulay UK Men's Movement
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The convention of not reporting, which is codified in law in England, could equally open up the floodgates, with the result that no accuser, in any kind of crime, would be named. That will not happen.I want to bring in the gender issue. To put it plainly and simply, the majority of the accused—although not all—are men. I think that the situation is inspired by feminist venom—if they cannot get them through the courts, whether they are right or wrong, they will get them by destroying their reputation.

Sandra White SNP Glasgow
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Your assumptions are obviously your own. You are very good at assuming what other people think. Talking about the "venom" of feminists is disgraceful and would be disgraceful not just in this committee but in conversation.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Sandra, may we have a question rather than a statement?

George McAulay UK Men's Movement
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We are entitled to opinions, I believe.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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But I want you to ask questions, Sandra.

Sandra White SNP Glasgow
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I have asked questions, but because of the way in which Mr McAulay replied, I had to reply, too. I will not bother to ask Mr McAulay any more questions. Personally, I have heard enough from him today.

George McAulay UK Men's Movement
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I am in no way surprised.

Carolyn Leckie SSP Central Scotland
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I am sure that George McAulay knows that the majority of allegations of rape are made against men because the majority of perpetrators are men. That has been well proven over the centuries.I have an important issue that I need to ask about in relation to the Ian Huntley conviction. Ian Huntley was not previously convicted of any crime, but there was a pattern of allegations. How would you reconcile the proposal in the petition with the need to protect children and women from people such as Ian Huntley?

George McAulay UK Men's Movement
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I take your point seriously. I agonised about it and considered abandoning the anonymity part of the petition because of it. The issue troubled me greatly. What happened with the Soham murders was largely a failure of police intelligence, which will be addressed. The same system does not apply in Scotland. The police have considerable intelligence on people within and outwith their areas whom they perceive as a risk. They cannot take those people to court, because they lack evidence, but that intelligence is good enough in my opinion—I had a Scottish Criminal Record Office check just to go on my son's school trip. SCRO checks do not just investigate criminal records, which militates against the possibility of the situation that we are talking about arising.In addition, two young boys of whom we know have died as a result of the lack of anonymity. The situation balances out. The thought is horrendous: if I was responsible for a situation that gave rise to anything like the Soham killings, I would take that to the grave with me and have to meet my maker to answer for it. The issue has exercised me greatly, but in Scotland we now have the mechanisms in place to ensure that the situation does not arise.

Mike Watson Lab Glasgow Cathcart
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My first question is on a point that Sandra White raised. As she said, the then Minister for Justice's response to your previous petition stated that the floodgates could be opened if anonymity was granted. There is some truth in that. However, if there is a crime that is more serious than rape, it is murder. Why are you not campaigning on similar grounds for people accused of murder? There have been a number of cases of people who have been not just accused but convicted of murder and those convictions have proved to be false. That seems an even more serious issue and I wonder why it is not on your agenda.

George McAulay UK Men's Movement
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Because for some reason society seems to regard rape and child abuse as more damning than murder. There are many murderers who have been acquitted wrongly and there are no mobs outside their homes. They do not have to relocate—

Mike Watson Lab Glasgow Cathcart
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Sorry, what do you mean when you say that murderers have been acquitted wrongly?

George McAulay UK Men's Movement
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I mean actual murderers who have been wrongly acquitted. The courts have failed to deliver justice on some occasions. There are no mobs outside those people's homes. For some bizarre reason, the taking of a life is not as damaging to a person's reputation as a conviction for sexual offences is.

Mike Watson Lab Glasgow Cathcart
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That is only true in respect of a sexual offence involving a child. I am not aware of any cases of what you call mob justice where rape was the issue, rather than child abuse. Are you aware of any such cases?

George McAulay UK Men's Movement
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Absolutely. They are mentioned in the petition, if you read the evidence.

George McAulay UK Men's Movement
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Yes, it was. What happened to the chap in Inverness was mob justice. They fired his house. They mobbed his house. They scrawled "Beast" and "Rapist" on the walls of his house.

Mike Watson Lab Glasgow Cathcart
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Was that not before the court had considered the issue?

George McAulay UK Men's Movement
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Yes, but if he had not been named it would not have happened.

Mike Watson Lab Glasgow Cathcart
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There are real inconsistencies in your argument. It seems to me that you are saying that the way in which society reacts to certain crimes should be the basis on which anonymity is granted. If you were starting with murder and working down, there might be an argument, but by starting at the level at which you are starting you lack credibility.

George McAulay UK Men's Movement
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In the case of an attempted murder that leaves someone grievously wounded for the rest of their life, the accuser would not be granted anonymity; they would have to go and give evidence against the individual who tried to murder them. However, because rape happens only to women, a special case is made for women. Someone could be terrorised by gangsters—

Mike Watson Lab Glasgow Cathcart
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We have dealt with that. That is a convention rather than a firm legal position. You have referred to the two sad cases of suicide. I do not detract from the seriousness of those cases, but there must have been cases—I do not have the statistics at my fingertips—in which women committed suicide after they made an allegation of rape and the man was found not guilty. Do you have any statistics on that?

George McAulay UK Men's Movement
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I have no statistics on that.

George McAulay UK Men's Movement
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I imagine that it occurs.

Mike Watson Lab Glasgow Cathcart
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Why did you not do the same research into that as you did into men who have committed suicide?

George McAulay UK Men's Movement
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It is not relevant to what the petition is asking for.

Mike Watson Lab Glasgow Cathcart
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It is not on the agenda that your organisation pursues, is it?

George McAulay UK Men's Movement
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Do not try to imply that I am unconcerned about the deaths—

Mike Watson Lab Glasgow Cathcart
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I was not talking about you; I was talking about the agenda of the UK Men's Movement. The issue of women committing suicide as a result of rape cases is not on the organisation's agenda, is it? Yes or no?

George McAulay UK Men's Movement
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Our agenda is to put forward men's issues, mainly family issues.

George McAulay UK Men's Movement
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We are underfunded and undermanned and we cannot do everything.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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I seek recommendations on what to do with the petition. We have to bear in mind the fact that a similar petition was lodged and addressed by the previous Justice 1 Committee. Members have referred to the outcome of that petition. I have asked Mr McAulay whether anything has changed in the interim. He has given examples of cases in which young men have committed suicide. However, he also highlighted the fact that in both those cases the justice system dealt with the people who made the false accusations.

George McAulay UK Men's Movement
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It dealt with only one.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Excuse me, Mr McAulay—I am talking to my colleagues. I seek recommendations about what to do with the petition, given the information that we have received and given the petition's previous passage through the Parliament in another guise.

Sandra White SNP Glasgow
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I recommend that we take no further action on the petition.

Michael McMahon Lab The Convener · Hamilton North and Bellshill
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Do members agree with that recommendation?Members indicated agreement.

George McAulay UK Men's Movement
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I am in no way surprised. I thank Brian Monteith.

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