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Chamber

Meeting of the Parliament 10 December 2024

10 Dec 2024 · S6 · Meeting of the Parliament
Item of business
Human Rights
White, Tess Con North East Scotland Watch on SPTV

No.

Meanwhile, the SNP rushed through the Gender Recognition Reform (Scotland) Bill before Christmas two years ago, with “feminist to her fingertips” Nicola Sturgeon dismissing women’s valid concerns. More valuable resources were wasted trying to defend the flawed legislation in the Supreme Court.

Last month, lawyers acting for the SNP Government were on their feet again in the Supreme Court. This time, they were arguing that men could get pregnant, become lesbians and access women-only spaces. Even though John Swinney said that he disagreed, and even though Kaukab Stewart recognised last week that single-sex spaces are a right under the Equality Act 2010, costly King’s counsels argued the opposite in the Supreme Court literally days later.

In a thoroughly depressing development, the Scottish Government’s case was supported by Amnesty International, which argued against the importance of biological sex, despite its being used to deny women their fundamental rights in countries such as Afghanistan.

The balance of rights seems to have tipped so far against women and girls under the SNP that the Scottish Government believes not only that sex can be appropriated but that the very definition of a woman is contentious ground.

All of that shows that the SNP Government has struggled to understand the parameters of devolved competence. It has failed to manage the complex balance of rights between competing interests, and it has lacked leadership on the serious challenges that we face in Scotland.

Too often, the SNP says one thing but does another. The Scottish Government has many of the levers that it needs to protect and promote the rights of the Scottish people, even without new legislation. We are calling for urgent, meaningful and commonsense action now. The SNP needs to stop focusing on fringe issues and find ways to address the very real challenges that impact Scots every day.

I move, as an amendment to motion S6M-15782, to leave out from “that this year” to end and insert:

“the important work of bodies, organisations and charities in Scotland, across the UK and around the world that act to uphold human rights and protect those who are vulnerable; acknowledges the steps to advance rights in Scotland, including the commencement of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024; notes, however, concerns among civil society regarding the Scottish Government’s engagement over the draft Disability Equality Plan, as well as other measures to improve and progress human rights in Scotland, which, it believes, the Scottish Government has not delivered; highlights a report from the Scottish Human Rights Commission published in November 2024, which emphasises the ‘significant’ human rights challenges for people in rural and remote areas of Scotland; recognises that a number of women’s groups continue to have serious concerns about the Scottish Government’s approach to the rights and safety of women and children; calls on the Scottish Government to work in a careful and considered way with public bodies and the third sector, in light of recent criticism over the way that it has engaged on policy matters, and urges it to take urgent and meaningful action on issues affecting human rights, including Scotland’s national housing emergency and access to vital public services such as health and social care.”

15:43  
References in this contribution

Motions, questions or amendments mentioned by their reference code.

In the same item of business

The Deputy Presiding Officer (Annabelle Ewing) SNP
The next item of business is a debate on motion S6M-15782, in the name of Shirley-Anne Somerville, on pathways to global human rights: towards a stronger hum...
The Cabinet Secretary for Social Justice (Shirley-Anne Somerville) SNP
It is a delight and an honour to open this debate marking human rights day 2024. This year’s theme is “Our rights, our future, right now”. We are asked to re...
Jeremy Balfour (Lothian) (Con) Con
Is the Government’s intention to introduce that bill in this parliamentary session? Will we see the bill before the next election?
Shirley-Anne Somerville SNP
I have been clear—and I will come back to this point later in my remarks—about the Government’s continued commitment to the human rights bill. The bill will ...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
I recognise what the cabinet secretary has said about moving the bill into the next parliamentary session, but does she recognise that we can take steps in t...
Shirley-Anne Somerville SNP
I am not sure whether Mr Cole-Hamilton can read my speech from where he is sitting, but the next page is on next steps, so I will go on to talk about some of...
The Deputy Presiding Officer SNP
I call Tess White to speak to and move amendment S6M-15782.2. 15:36
Tess White (North East Scotland) (Con) Con
Thank you, Deputy Presiding Officer—again, I apologise for being late to the chamber. On this human rights day, we are reminded of the importance of protect...
Kevin Stewart (Aberdeen Central) (SNP) SNP
Will the member give way?
Tess White Con
I have a lot to get through—if I have time at the end, I will. For the past two weeks, the Equalities, Human Rights and Civil Justice Committee has taken ev...
Kevin Stewart SNP
Will the member give way?
Tess White Con
No. Those are more broken promises, and more people who feel left behind or ignored. There is also the National Care Service (Scotland) Bill. The social ca...
Kevin Stewart SNP
Will the member give way?
Tess White Con
No.
Shirley-Anne Somerville SNP
Will the member give way?
Tess White Con
No. Meanwhile, the SNP rushed through the Gender Recognition Reform (Scotland) Bill before Christmas two years ago, with “feminist to her fingertips” Nicola...
Paul O’Kane (West Scotland) (Lab) Lab
I am pleased to open on behalf of Scottish Labour in this debate marking human rights day. Presiding Officer, “it is right and proper, that today is also a...
Shirley-Anne Somerville SNP
Will the member take an intervention?
Paul O’Kane Lab
I will take an intervention on that point.
Shirley-Anne Somerville SNP
I thank Paul O’Kane for allowing me to put this on the record. The Scottish Government welcomes the fact that we now have a UK Government that allows us to f...
Paul O’Kane Lab
I thank the cabinet secretary for her intervention. I have more to say about the Conservative amendment and the prevailing attitude of the Conservatives towa...
Pam Gosal (West Scotland) (Con) Con
Made a request to intervene.
Paul O’Kane Lab
I turn to the Conservative amendment—I will make this point before I take an intervention. It is disappointing that the Conservative amendment would remove...
The Deputy Presiding Officer SNP
We will have an intervention from Pam Gosal, who joins us remotely—if she still wishes to make one.
Pam Gosal Con
I am sorry, but I did not request to intervene. I do not know what happened there.
The Deputy Presiding Officer SNP
All right. I do not think that Ms Gosal is trying to intervene.
Paul O’Kane Lab
That is fine. It is fairly difficult to defend wanting to remove any reference to the Council of Europe and the European convention on human rights, but ther...
Maggie Chapman (North East Scotland) (Green) Green
We know that human rights matter. We, in the Scottish Parliament and Scottish civil society, have been talking for nearly two decades about the incorporation...
Alex Cole-Hamilton (Edinburgh Western) (LD) LD
It gives me great pleasure to speak for the Liberal Democrats in this important debate, as I have done in each of the eight years that I have been a parliame...
The Deputy Presiding Officer (Liam McArthur) LD
We move to the open debate. 16:02