After lunch, topical questions will cover avoidable child deaths and legal aid for fatal accident inquiries.

Then Health Secretary Jeane Freeman will give a ministerial statement on patient safety within the NHS.

Image source, Getty Images

MSPs debate the Human Tissue (Authorisation) (Scotland) Bill for the first time. The legislation will shift Scotland to an "opt-out" system for organ donation.

SNP MSP Jenny Gilruth will then celebrate LGBT History Month.

The committee briefly discusses the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 [draft].

No recommendations are made, and that ends today's session.

Mr McArthur asks about when a victim is unwilling to make a complaint.

Ch Supt John McKenzie from Police Scotland replies he would use the same parameters used in domestic abuse, where victims may not be aware of coercive behaviour.

The decision about whether a complaint is made or not is removed from the victim he says.

The police do not need to await a statement of complaint, he adds.

Lib Dem MSP Liam McArthur wonders about coercive behaviour outside of relationships covered by the Domestic Abuse Act.

He highlights that, in theory, coercion could feature in other family relationships.

Rosalyn McTaggart agrees this could be looked at further to ascertain whether there is a gap in legislation on this.

She highlights that the coercion of older people may be within domestic relationships, and therefore it is covered by the Act.

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Rosalyn McTaggart from the Law Society of Scotland says certainly there are issues raised about people having the power of attorney or guardianship orders.

There perhaps needs to be more education around the power of attorney, explains Ms McTaggart.

She goes on to say she hopes the COPFS will look at the outcomes from recent domestic abuse legislation.

Mr McGeehan explains COPFS can provide information about domestic abuse but it is perhaps for others to decide the effectiveness of prosecution.

Mr Johnson says the line between a dysfunctional relationship and criminal is often blurry.

Would a precise definition help clarify this threshold, he asks.

Ch Supt McKenzie says Police Scotland would support a wider aggravator covering a variety of vulnerabilities.

This would take into account the motivation behind a criminal act, he explains.

"We have a duty to ensure that we prevent wider criminality, that we look at protecting the individual concerned and wider society."

This means a stage one investigation into a crime can be progressed without the support of the victim, he adds.

Labour MSP Daniel Johnson says he understands the three witnesses back the Lord Bracadale model around aggravators.

Would an aggravator around vulnerability capture enough, he asks.

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Mr McGeehan replies parallels have been drawn with domestic abuse and he quotes Lord Bracadale who proposed the model based upon statutory aggravations, one on age and one on vulnerability.

He points to difficulties setting age or what qualifies as vulnerability.

Lord Bracadale, was commissioned by the Scottish government to examine the country's hate crime laws.

He said new age and gender aggravations should be introduced in addition to the existing hate crime laws, which currently cover race, religion, disability, sexual orientation and transgender identity.

Read the full report, external.

Convener Margaret Mitchell highlights Social Work Scotland's submission which suggested there were challenges around the perceived reliability of witnesses.

Would it be good to look at the Vulnerable Witnesses Bill, external to ensure the best evidence is received as soon as possible, she asks.

Mr McGeehan says special measures are available for vulnerable witnesses already, such as a TV link or evidence by commissioner.

The Vulnerable Witnesses Bill , externalis to do with the default, he adds.

SNP MSP Jenny Gilruth asks if there is a cultural challenge where elder abuse is not taken as seriously as other crimes.

COPFS published policy in 2013 for how to deal robustly with crimes against the elderly says Anthony McGeehan.

A lack of statistics does not suggest a lack of a robust approach he insists.

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Chief Superintendent John McKenzie says Police Scotland do not hold statistics on elder abuse because there is no definition from a legal perspective.

But I'm quite confident to say there is significant under reporting of elder abuse he says.

This is because hate crime as a whole is thought to be under-reported, the chief superintendent explains.

He accepts there is an opportunity to go further on analysing data that the police does hold.

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Green MSP John Finnie repeats his early question on the extent and nature of elder abuse.

"There is no uniform definition of elder abuse," confirms Anthony McGeehan from the Crown Office and Procurator Fiscal Service (COPFS).

Mr McGeehan details the COPFS database, which does have the age of the victim but is an operational database.

He points out a significant proportion of what might be called elder abuse occurs in the context of domestic abuse.

Image source, bbc

Image source, bbc

MSPs are now questioning:

• Anthony McGeehan from the Crown Office and Procurator Fiscal Service, external
• Rosalyn McTaggart from the Law Society of Scotland, external
• Chief Superintendent John McKenzie from Police Scotland, external

Image source, Scottish government

Tory MSP Liam Kerr asks if the San Diego model has a definition of elder.

"Yes they do," replies Ms Carcary.

She points out it is very difficult to pick up on elder abuse going on behind closed doors.

The Action on Elder Abuse Scotland director explains that people are very reluctant to tell others their children are carrying out abuse.

There's a lot more agencies need to do to encourage people to speak up, she says and cites the strategy of loneliness and isolation not having any mention of abuse.

A national plan to tackle loneliness and social isolation in Scotland, external has been launched, with £1m funding.

Convener Margaret Mitchell wonders about concerns that in the time a case takes to get to court, a person's mental state may have deteriorated.

Letting people know there are other measures and alternatives to speaking in court might give people confidence to come forward, says Ms Carcary.

Mr Stachura says it is important that older people are not seen as any less credible.

Mr Paterson agrees that different ways of giving evidence should be explored.

Last February a bill to criminalise psychological domestic abuse was passed, with some campaigners saying it "could change Scotland forever".

The Domestic Abuse Bill, external, which had wide backing, creates a specific offence of "abusive behaviour in relation to a partner or ex-partner".

This includes psychological abuse such as coercive and controlling behaviour as well as violence.

Critics claimed it could be difficult to gather sufficient evidence.

Image source, Thinkstock

The Bill received Royal Assent as the Domestic Abuse (Scotland) Act 2018 , externalon 9 March 2018.

The provisions of the 2018 Act were not extended to cover the issue of elder abuse.

However, the committee agreed, to undertake a one-off oral evidence session to explore themes around the possible need for a new offence, or statutory aggravator, in relation to elder abuse.

Ms Carcary argues the way victims of domestic abuse are treated is specific and something similar should be offered to victims of elder abuse.

"It is an issue that needs to be seen as a stand alone issue."

There are cities in America, like San Diego, where there is a specific crime of elder abuse and where prosecution rates are high, she says.

"I would urge you to look at that model."

Lesley Carcary says a model similar to domestic abuse prosecutions could be put in place for elder abuse.

But the same prosecution route should not be used, she adds.

Providing information to juries to help understand the dynamics behind abuse would also be useful, the Action on Elder Abuse Scotland representative states.

Age Scotland's Adam Stachura points to projections indicating the the number of people over 65 in Scotland will grow, as will the number of people with dementia.

This means there will be more vulnerable people to target, he says.

Lib Dem MSP Liam McArthur turns discussion to the power of attorney.

Mr Paterson says the issue is best addressed by a public awareness campaign so power of attorney becomes part of long-term planning for people.

Image source, bbc

Gordon Paterson from the Care Inspectorate points out the age aggravator suggested by Lord Bracadale would cover young and old people.

Mr Paterson says he thinks any aggravator should probably not be linked to a statutory age of 60 or 65.

Ms Carcary points out Scotland is the only part of the UK that does not have adult support and protection statistics.

She adds: "We need to be better at collecting statistics."

"We really want to send a message to perpetrators, just because your stealing from your mum doesn't mean it's not criminal."