Committee
Criminal Justice Committee 25 February 2026 [Draft]
25 Feb 2026 · S6 · Criminal Justice Committee
Item of business
Subordinate Legislation
Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026 [Draft]
:I respect the views that have been articulated. Some members in the Parliament, including some who are sitting around this table, argued for a misogyny bill and for sex to be included in what became the 2021 act at the time. The Government most certainly was pursuing a misogyny bill in line with Baroness Kennedy’s recommendations. Indeed, a draft bill was published, so significant work has been done on a stand-alone misogyny bill.However, it is a complex area of policy and law, and I do not imagine for a minute that anyone who has sat around this table for a considerable time would argue otherwise. Any bill relating to criminal law must be clear and unambiguous. For good reasons, members around this table have always pursued that goal.There are policy implications following the Supreme Court judgment, so further work needs to be done. There was insufficient time to complete the next stage of that work prior to a bill being introduced and going through three stages of the legislative process in this parliamentary session.I do not think that it is credible to say that a stand-alone misogyny bill is anything other than a complex policy area. It would certainly take our criminal law into an area that it has not been in before.
In the same item of business
The Convener (Audrey Nicoll)
SNP
Good morning and welcome to the eighth meeting in 2026 of the Criminal Justice Committee. We have received no apologies this morning.Our first item of busine...
The Cabinet Secretary for Justice and Home Affairs (Angela Constance)
SNP
Good morning. The Scottish Government is committed to strengthening Scotland’s criminal law to protect women and girls from hate and prejudice. That is why, ...
The Convener
SNP
Thank you. I invite questions from members. We will start with Liam Kerr.
Liam Kerr (North East Scotland) (Con)
Con
Good morning, cabinet secretary. You have said that the regulations are about protecting women and girls in law. The policy note suggests that they will impl...
Angela Constance
SNP
:I refute the suggestion that the approach that we are taking in the regulations is a poor second. For the reasons that I have outlined today and previously,...
Liam Kerr
Con
:You say that it is important that sex is included in the 2021 act and that it offers a proven model, but that is not how the Government felt in 2020, when i...
Angela Constance
SNP
:I respect the views that have been articulated. Some members in the Parliament, including some who are sitting around this table, argued for a misogyny bill...
Liam Kerr
Con
:I certainly recognise that it is a complex area, but I have argued that the Government prioritises what it chooses to prioritise and makes time for what it ...
Angela Constance
SNP
:I understand the question that Mr Kerr has raised—it is a more than legitimate one. My previous commitment was to ensure that we do not have a gap in the la...
The Convener
SNP
I will pick up on the points that you set out with regard to the time that Police Scotland will require to put training in place and develop guidance and pol...
Angela Constance
SNP
:That is an interesting point that speaks to the comprehensive approach that is required to the implementation of, and preparation for the commencement of, t...
The Convener
SNP
I am interested in the partnership group. Tell us a bit more about its membership, aims and objectives.
Angela Constance
SNP
:The partnership group has been established for a considerable time. I cannot recall the date of its establishment, but I suspect that it predates my time as...
Patrick Down (Scottish Government)
I am not a member of the group and would not like to give a definitive list of exactly who is involved, but it includes prosecutors, Police Scotland and vari...
The Convener
SNP
I would certainly be interested in receiving that information so that we can understand a little more about what the group’s role might be, particularly in t...
Katy Clark (West Scotland) (Lab)
Lab
Cabinet secretary, if the instrument passes, it might create a situation in which there are different definitions of sex in different parts of the Hate Crime...
Angela Constance
SNP
:No, I do not agree. The definition of sex that has been used relates to section 12 of the 2021 act, which means that we are enabled to give a definition of ...
Katy Clark
Lab
:When you gave evidence last year, you were clear that you were relatively restricted in the framing of any subordinate legislation that you introduced, beca...
Angela Constance
SNP
:That was explored. I may come back in but will ask Jasmin Hepburn to begin by going over the technicalities. The question touches on the commentary around i...
Jasmin Hepburn (Scottish Government)
When we were considering which power to use in order to add sex as a characteristic, we looked first at section 12 of the act. As you rightly say, there are ...
Katy Clark
Lab
:Does the Scottish Government have a view on how “sex” should be interpreted in relation to sexual orientation? Would having the provision on sex in the SSI ...
Angela Constance
SNP
:It is worth emphasising that our work stems from section 12 of the act, and that the definition for the purposes of the instrument is specific to the charac...
Jasmin Hepburn
Only to say that the enabling power is very limited, so adding the characteristic of sex is for that characteristic only. It does not read across in that way...
Katy Clark
Lab
:You will have seen the representations that have been made, and you will be very aware of all the arguments. Is it the Scottish Government’s view that the t...
Angela Constance
SNP
:For the purposes of the act, where hate crime is targeted at people on the basis of their sex, yes.
Katy Clark
Lab
:Thank you.
Pauline McNeill (Glasgow) (Lab)
Lab
Good morning. This is quite complex, to be fair. I think that you said to Katy Clark that, in the section that the SSI refers to relating to characteristics,...
Jasmin Hepburn
Sorry, but could you repeat your question?
Pauline McNeill
Lab
:I am sorry. I am not saying that I understood this. I think that you said to Katy Clark that you have used section 12 to alter the section on characteristic...
Jasmin Hepburn
That is correct.