Equalities, Human Rights and Civil Justice Committee 29 April 2025
I thank you and the committee, convener, for welcoming me to the committee and giving me the opportunity to speak.
As members will be aware, I have supported the motion of my colleague Tess White. Maggie Chapman, who is deputy convener of the committee, must be removed. She has undermined judicial independence and breached rules on parliamentary conduct. I was surprised to hear her contribution just now. Maggie Chapman may not agree with the Supreme Court judgment, but it appears that she has doubled down; she is conflating her own opinion with the interpretation of law. This is not, as Paul O’Kane says, a triumph of one or more groups. This is about Maggie Chapman’s beliefs and opinions.
10:00We could easily say that women have been victims of a personal culture war. Women have been accused of misogyny and sexism; they have been accused of racism and bigotry and could legitimately make the same claims that we are part of a cruel culture war. That has nothing to do with this matter. I agree with my colleague Pam Gosal—this is gaslighting, Maggie Chapman.
The committee is taking a highly unusual step today. Calling for an MSP to step down is a serious matter. We have been here before over lesser matters, but never has the Parliament seen such an egregious dereliction of duty. The convener will be aware that I was a member of this committee when Ms Chapman was sanctioned for breaching the MSP code of conduct by failing to disclose her former role as chief executive officer of Edinburgh Rape Crisis Centre, while questioning the CEO of Rape Crisis Scotland. That breach, in a way, was small fry compared with what is before us today. I do not have a vote; other members have a vote.
We are discussing what Maggie Chapman said in Aberdeen on 20 April this year. We have heard that she declared to an assembled group:
“And we say not in our name to the bigotry, prejudice and hatred that we see coming from the Supreme Court and from so many other institutions.”
We will all be aware that when lawyers take their oath to do right to all manner of people without fear or favour, affection or ill will, they mean it. Judges make decisions by interpreting the law, and to use the language that Ms Chapman used implies that Lord Hodge and his colleagues were not simply doing their job in interpreting the law, but bringing so-called prejudice, bigotry and hatred to their decision.
In response to Ms Chapman’s shameful attacks, as we have heard, Roddy Dunlop KC, dean of the Faculty of Advocates, considered it his duty to speak out in defence of the judiciary. The faculty considers the comments made by Ms Chapman appalling and highlights that the Supreme Court and all judges are in the role to apply the law and not to take sides.
The most serious of points made by the faculty are that Ms Chapman has failed to uphold the independence of the judiciary, which members have talked about this morning, and that her comments
“create a risk of danger to the Members of the Court themselves.”
The First Minister, John Swinney, agrees that her comments were wrong and that she was wrong to challenge the independence of the judiciary, so I am surprised to hear that Marie McNair does not support Tess White’s motion.
Many people will try to defend Maggie Chapman’s comments by referencing the right to freedom of speech. We live in a democracy, but as the legal academic Scott Wortley said,
“any legitimate criticism should be made while respecting the independence of the judiciary and the importance of upholding the rule of law.”
In summary, why should Maggie Chapman stand down? She has not carried out her parliamentary duties in an appropriate manner, consistent with the standing of this Parliament. She has brought the Parliament into disrepute. Her comments are a direct attack on the independence of the judiciary. She cannot carry out her duties as deputy convener of this committee in line with impartiality requirements in guidance that is set by the Parliament, and in that vein, witnesses may be reluctant to partake in committee proceedings.
I call on all committee members to put personal loyalties and their personal opinions aside and to act to uphold the integrity and impartiality of the committee and vote to support Tess White’s motion to remove Maggie Chapman as a member of the committee.