Political Correspondent

Published 19th Mar 2025, 12:47 BST

Scottish Government ministers have been warned they must not allow non-fatal strangulation legislation to be pushed to the bottom of their priority pile.

Fiona Drouet is petitioning Holyrood to make non-fatal strangulation a stand-alone criminal offence in Scotland, after her 18-year-old daughter Emily took her own life while a student at Aberdeen after being strangled by her partner.

Both First Minister John Swinney and Justice Secretary Angela Constance have said they will consider the call, particularly as similar legislation has been introduced in recent years in England, Wales, Northern Ireland and Ireland.

However, concerns are being raised that ministers are “kicking the can down the road” on the legislation and progress to introduce a Bill will not happen before the 2026 Scottish Parliament election.

Speaking at Holyrood’s public petitions committee on Wednesday, Tory MSP Tess White said: “There are devastating effects - after six to eight seconds, a woman loses consciousness; after 15 seconds they will experience bladder incontinence; after 30 seconds their bowels will open; they will be brain dead within four minutes.

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“No woman or girl could ever consent to this because there comes a point where they are physically unable to do anything about it. How can you consent if you lose consciousness?

“It is not breath play. That is a euphemism men use and it is not. It is truly frightening, dangerous and potentially fatal behaviour.”

Ms White said Scotland was falling behind other countries in the UK and Ireland on this issue. She said ministers needed to act with urgency to catch up with neighbouring jurisdictions.

“This is violence against women and a non-consensual act,” she said.

“I am massively concerned the Scottish Government is kicking the can down the road. This feels like another issue impacting women that is being pushed to the bottom of the legislative agenda. We have a year to go - please don’t allow this to lose. It could be your daughter or your niece.

“Something has to be done and the Scottish Government has the opportunity to signal a zero-tolerance approach to non-fatal strangulation, and I urge ministers to act with the urgency this issue deserves.”

Committee convener Jackson Carlaw said it “doesn’t seem adequate” that Scotland does not have this stand-alone offence when other countries do, stressing the petitioner’s calls could not be allowed to “languish”.

Rebel SNP backbencher Fergus Ewing said the Government should move quickly to make sure legislation was introduced ahead of next year’s Holyrood election.

He said: “A staggering 40 per cent of UK women aged 18 to 39 have experienced choking, strangulation or gagging during sex, which is hugely worrying. This should be approached with great urgency and not allowed to drift for months and months.

“With other countries taking action in the UK, why are we at the coo’s tail?”

Mr Ewing added: “It can’t be left to the next election where people are voting for the party they feel will do the correct thing. If it can be done, then why not soon and before the next election? Why can’t we just do things in this Parliament?”

A spokesman for the Scottish Government said: “We recognise the significant physical and psychological impact that this type of criminality has on victims and understand why this issue is being raised.

“That is why the justice secretary has said we are giving this issue serious consideration.”

'It could be your daughter': Worries of Scottish non-fatal strangulation law being deprioritised