Equal Opportunities Committee, 27 Mar 2001
Meeting date: Tuesday, March 27, 2001
Official Report
283KB pdf
Reporters
Under the final public item on the agenda, we will hear from committee reporters. We must leave the room very soon.
Members have the paper that I have submitted and they will be aware of the judgment by Lord Abernethy at the weekend. If that judgment is Lord Abernethy's interpretation of the law, it suggests that rape is rape only if there is some suggestion of force. I find that very worrying. I thought about lodging a motion, but I wanted to wait until after today. I now know that Johann Lamont has lodged a motion, which I am eager to sign.
I would like the committee to ask Colin Boyd and Jim Wallace whether the committee's gender reporter could be kept informed of the review and clarification of that case. I also want to draw the committee's attention to the fact that Pauline McNeill's members' business debate tomorrow is on drug-assisted date rape. Finally, I ask that the committee passes my report to the two justice committees and to Jim Wallace for their information, and that the committee gives me leeway to continue working with the clerks on this subject.
Is that agreed?
Members indicated agreement.
There are three items in my report to which I want to draw the committee's attention. The first two inform members that I have been meeting with the groups concerned. Given our work load, we cannot deal with refugees and asylum seekers and sectarianism at the moment, but I want to ensure that members know I am still talking to the groups that are named in the report.
The third issue needs more clarification. On a couple of occasions, in response to bills, we have said that we consider discrimination to be as defined in schedule 5 of the Scotland Act 1998. Some groups have asked me whether that definition applies to service providers, service users or both. I wondered whether the convener could write to Jim Wallace on behalf of the committee to ask him what that definition means. Religious organisations may require to seek exemptions to allow them to recruit people of a specific religious denomination. There is provision within the ECHR and British legislation for such recruitment to take place, and I would like to know whether that provision also exists in Scottish legislation.
Okay. Is that agreed?
Members indicated agreement.
We now move into private session.
Meeting continued in private until 13:25.