THE Justice Secretary has confirmed there will be an examination over whether anti-stalking laws need to be modified following a controversial harassment case involving best-selling author Janice Galloway.
Kenny MacAskill was responding to a parliamentary question put by Labour MSP Malcolm Chisholm, the former Parliamentary Under-Secretary of State for Scotland, to the Scottish Parliament.
The intervention by Mr Chisholm, the co-convenor of the Scottish Parliament cross-party group on Men's Violence Against Women and Children, comes after Ms Galloway's former lover walked free from court over harassment charges.
Mr Chisholm had been concerned about the case involving Ms Galloway and asked what improvements the Scottish Government would make to the law in relation to stalking.
Mr MacAskill said: "We always keep the legislation under review and we are considering whether the law on non-harassment orders needs to be adjusted following a recent court case."
Pianist Graeme McNaught, 54, of Glasgow, faced five charges of acting in a threatening and abusive manner and placing Ms Galloway, author of novels such as The Trick is to Keep Breathing and Foreign Parts, in a state of fear and alarm.
Mr McNaught was found by Sheriff Ray Small to have carried out the acts in an examination of facts after concerns over his mental health meant a trial was halted and he escaped a criminal conviction.
He was later not considered suitable for a supervision and treatment order because psychiatric staff did not recommend any order as he was responding to voluntary treatment.
A non-harassment order could not be imposed without a conviction. Breaches of such orders can be punished with a jail sentence of up to five years.
Mr Chisholm, who is also co-convenor of the cross party group on mental health, is pushing for non-harassment orders to be used as an option even if there is no conviction.
He said: "I want to ask to close the loophole either by allowing a non-harassment order following an examination of facts or in some other way that brings protection to the victim."
Anti-stalking campaigners have said they are to take calls for a tightening up of court procedure and non-harassment order legislation to one of Scotland's most senior law officers.
Ann Moulds of Action Scotland Against Stalking, who fought a long and hard campaign for change in anti-stalking laws, is concerned that the current system has allowed the human rights of the defendant to come ahead of those of the victim, and says the law needs to be changed so that courts have the option to issue non-harassment orders even if there is no conviction.
l Mr McNaught has been remanded in custody over new allegations he stalked Ms Galloway.
He was refused bail during a hearing at the High Court in Edinburgh yesterday in connection with alleged incidents that took place at the writer's home earlier this month.
As well as the stalking offence, McNaught faces two breach of the peace charges and one of attempting to defeat the ends of justice.
He has made no plea to the charges and is due to appear in court again next week for a full committal hearing.
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