HUSBANDS AND wives will no longer be able to refuse to give evidence against each other in court, under a change to the law planned by the Scottish government.

Justice secretary Kenny MacAskill will this week confirm the change when he publishes the SNP administration's criminal justice bill.

A husband, wife or civil partner can currently refuse to give evidence against their other half if that person is to stand trial. The only exception is where one half of a couple has been the victim of an offence committed by their partner.

The previous Scottish Executive published a consultation paper on the issue, and it has now been picked up by the SNP government.

MacAskill will plug the loophole by repealing sections in two pieces of legislation. It will mean couples, whether married or in a civil partnership, will no longer have legal protection to avoid giving evidence.

The action is intended to address concerns that couples can exploit the law in cases where violence against their children has taken place, and the spouse is a witness.

Ministers are also concerned that the law does not currently prevent an accused from marrying the key witness for the prosecution in order to undermine the Crown's case.

A murder trial at the High Court in Paisley collapsed in 2005 when the accused, William Ferrie, married the dead man's former girlfriend prior to the trial, thus forcing the Crown to drop the case.

MacAskill said: "For too long, spouses have been able to escape justice thanks to laws that mean their other half does not have to give evidence against them.

"This is not acceptable and has resulted in the past in people marrying their partners prior to trial, for example on a charge of abusing their children, just to avoid having to give evidence against them.

"That is why the Scottish government is acting to close this loophole. Changing the law will boost protection for children and prevent couples covering up for each other.

"It is the duty and responsibility of every citizen to protect our children and prevent crime," he added. "It is entirely unreasonable that where a child is assaulted or a crime committed justice is thwarted due to a marriage. That loophole needs to be closed for justice to be served."

Conservative MSP Bill Aitken said: "There is a very arguable case for changing the law in this respect. There have been a number of cases where women have not spoken up on assault cases of a sexual nature. We will look very closely at the government's proposals."

A spokesman for the Law Society of Scotland said: "The criminal law committee believes that the minister's desire to amend the law in this area may rest upon an over-exaggerated conception of any undesirable problems resulting from the current law."

He added: "Dworkin's maxim is appropriate in this regard - Hard cases make bad law'."