Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 8 April 2026
  7. Session 6: 13 May 2021 to 8 April 2026
Select which types of business to include


Select level of detail in results

Displaying 1437 contributions

|

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

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, the Government has decided to define sex as biological sex. Does that mean that sex is not defined in that way elsewhere in the act? Is it fair to say that it is defined for the purposes of section 12, but it is not defined elsewhere? It is just left without being defined. Is that right? That must be the case.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:It does not define it. Do not confuse me now.

10:30

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:Given that you have adopted biological sex for the purposes of that section in the Hate Crime and Public Order (Scotland) Act 2021, could you not just have adopted the same definition for the purposes of a stand-alone misogyny crime?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:As I said in my questions, I will support the Government’s SSI because I have always believed that there is a gap that should have been filled in 2021. We would prefer to see a stand-alone crime for reasons that are eloquently set out by Engender about the nature of misogyny.

The wonderful work that has been done must be recognised. I recognise that the Government and Helena Kennedy have done a lot of work on the matter.

If I am honest, the Government should have been presented in the first place with the point that most women probably want a crime that is based on biological sex. That is not to say that there are not people with other characteristics who should have equal protection in law but the nature of misogyny necessitates it. I am sorry to say that that is probably what has held up the misogyny bill. However, that is for a future Parliament to decide and I wanted to acknowledge the work that had been done by everyone on the matter in the hope that the Parliament will take it on in the next session.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:Thank you.

I want to address the issue that Liam Kerr mentioned. You said—and, just for the record, you were not the Cabinet Secretary for Justice and Home Affairs at the time of the Hate Crime and Public Order (Scotland) Bill’s passage—that those of us who supported the addition of sex to the bill did so in order to fill a gap. However, that was not the primary argument for doing so. We did so because of the same argument that the Government is putting today, which is that there should be a stand-alone crime.

In your answer to Liam Kerr’s question, you said something about the Supreme Court judgment. Did you mean that it is the Supreme Court judgment that is holding up the work to create a stand-alone offence?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

: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 characteristics only, as you want to add the characteristic of sex, and that, for that section only, you are defining it as biological sex.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:All I was asking was a simple question, but thank you for the explanation. You have defined sex for the purposes of the characteristic but, for everything else—as far as the act is concerned, and for the reasons that you have outlined—you have not defined it. That is all that I wanted to know.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:You are not defining it elsewhere in the act; it is just left undefined. Is that fair?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:Right. So we cannot conclude anything from that as to what is meant by the rest of the act—it is only that bit. Is that fair?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Pauline McNeill

:That is important, because of the representations that we have had, which Katy Clark referred to, from For Women Scotland and Scottish Trans, who have concerns. On a technicality, the rest of the act does not define sex. I think that Jasmin said that it does not define it.