Meghan Gallacher MSP has introduced this Member’s Bill. The Bill will create a specific criminal offence of desecrating a war memorial.
This is a Member's bill
The Bill was introduced on 14 May 2025 and is at Stage 1
This Bill is at Stage 1 of the process to decide if it should become an Act.
The Bill makes destroying, damaging or desecrating a war memorial a specific statutory offence. It proposes that the penalties for this offence would be 10 years in prison and/or an unlimited fine. The Bill defines desecrating a war memorial in a way that includes what might be seen as acts of disrespect.
At the time of introduction, destroying, damaging or desecrating a war memorial would be prosecuted in a similar way to vandalism of any other object, like a park bench or a public bin.
Meghan Gallacher MSP believes that this does not take account of the distress that the desecration of war memorials causes. She recognises that these acts have a particularly negative impact on Armed Forces and veteran communities.
As a result, she thinks that the penalties for destroying, damaging or desecrating a war memorial should be more severe than they are for other types of vandalism. She believes that this will give war memorials greater protection in law by deterring these actions in the future.
Desecration of War Memorials (Scotland) Bill as introduced (214KB, pdf) posted 14 May 2025
Explanatory Notes (123KB, pdf) posted 14 May 2025
Policy Memorandum (229KB, pdf) posted 14 May 2025
Financial Memorandum (208KB, pdf) posted 14 May 2025
Statements on legislative competence (110KB, pdf) posted 14 May 2025
Explanatory Notes (183KB, pdf) posted 14 May 2025
Policy Memorandum (305KB, pdf) posted 14 May 2025
Financial Memorandum (278KB, pdf) posted 14 May 2025
Statements on legislative competence (162KB, pdf) posted 14 May 2025
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
A research briefing will be published in due course.
The Bill was introduced on 14 May 2025
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Constitution, Europe, External Affairs and Culture Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.