Hansard

I speak in the debate as a new member of the Equalities, Human Rights and Civil Justice Committee. I thank the committee clerks for their assistance in the production of our stage 1 report. The committee received very helpful evidence from a range of expert witnesses and found it extremely helpful in reaching conclusions.

Balanced representation, particularly in positions of influence, is extremely important, and balanced gender representation on our boards ensures that we harness the experience, perspectives and talents that everyone has to offer. That helps to guarantee that any decisions that are made are representative and will benefit the wider group.

After stage 1 consideration, through the support of the Scottish Trans Alliance and the Equality Network, an amendment at stage 2 was lodged to amend the definition of women in the bill to include trans women. The amendment was welcomed by the Scottish Government and was agreed to unanimously by the committee. However, following the rulings of the Court of Session in 2022, it was determined that the definition, as added by the stage 2 amendment, was outwith the legislative competence of the Scottish Parliament and was not lawful. As such, the definition will be removed, and the bill provides a technical fix to tidy up the statute book following the rulings.

The Scottish Government believes that it is required to do that in the light of the court rulings, but the change does not impact how the 2018 act has worked since the rulings. The bill is a short single-issue bill, and its sole purpose is to amend the statute book in the light of the rulings.

The court rulings were a disappointment to the Scottish Trans Alliance, the Equality Network, me and, I am sure, many others. Although alternative approaches were considered, with some suggested by the Scottish Trans Alliance and the Equality Network, it was determined, unfortunately, that those would not be possible.

It is good that, in general, equality groups agree with the bill, but it is understandable that they are disappointed by the court rulings. Our stage 1 report sums it up by using a quote from the equality impact assessment:

“The trans community may perceive the Bill to have a negative impact on their community, as they could mistakenly view it as a step backwards from their work to achieve equality or a sign that the Scottish Government is changing its position on support for trans rights. However any substantive impact on the operation of the law is as a result of the Court’s decisions, not this Bill which simply clears up confusing wording.”

I am glad that officials are engaging with LGBTQI stakeholders to reassure them of the Scottish Government’s on-going commitment to achieving greater equality.

Overall, the committee is satisfied that the bill provides a technical fix to tidy up the statute book, following the rulings of the Court of Session on 18 February 2022 and 22 March 2022. Accordingly, the committee is content to recommend that the Parliament agrees to the general principles of the bill.

It is vital that women’s voices are heard, especially by public bodies that deliver services in our everyday lives. Fundamentally, the SNP Government is committed to ensuring greater gender equality and fairness for all, and it is vital for our future that all voices are heard and that everyone has a seat at the table.