Hansard

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.