Meeting of the Parliament 11 March 2026 [Draft]
The Scottish Greens strongly oppose the SSI. Helena Kennedy and the misogyny working group were clear that misogyny should not be addressed by adding sex to the hate crime framework and instead recommended dedicated misogyny legislation. Given that advice, can the Cabinet Secretary for Justice and Home Affairs explain why the Government is choosing to proceed through amending the 2021 act rather than bringing forward comprehensive misogyny legislation as has been recommended?
Scottish Greens also strongly oppose the trans-exclusionary language that is used in the proposed definition of sex in the regulations. Can the cabinet secretary say why the Government has, in effect, replicated the definition of biological sex that was used by the United Kingdom Supreme Court in relation to the Equality Act 2010, when the court was explicit that its interpretation applied only to the 2010 act?
There are several protected characteristics in the 2021 act that are defined differently from how they are defined in the Equality Act 2010. Why has the Government chosen to import the definition in the 2010 act into Scots law, given the serious concerns about its impact on trans people? There is no requirement to do so and it risks trans people having to out themselves in order to get support.