Official Report 1067KB pdf
On a point of order, Presiding Officer. This is now the third day in a row that I have tried to raise the issue of the court case between For Women Scotland and the Scottish Government. In relation to my previous two attempts, ministers have said that they absolutely cannot comment on a live on-going case. I do not believe that. I think that they actually can comment on a live on-going case.
I understand that, after First Minister’s questions today, the First Minister’s official spokesperson confirmed on the record that it is a choice of the Government not to comment on the case that it has taken to court to try to get biological males to be imprisoned in the female prison estate. It is not a legal requirement that ministers cannot comment. I reiterate that the Government’s spokesperson has confirmed that ministers have chosen not to comment rather than that they are legally prohibited from commenting. That is directly opposed to what the cabinet secretary told members repeatedly on Tuesday.
What actions can we as back-bench members take to get truthful answers from Government ministers? Can Angela Constance be recalled to the Parliament to explain why she told us that she was legally unable to comment on a case that the Government has now confirmed that it is just choosing not to comment on? What further action can we take in the Parliament to get answers on this serious issue?
I thank Douglas Ross for the advance notice of that point of order. It is worth reflecting on the fact that an urgent question was selected earlier in the week, which, it is safe to say, was a result of the fact that the Presiding Officer deemed that question to be admissible under rule 7.5.1 of standing orders, and that, although there are issues of sub judice attached to the issue, the Presiding Officer was satisfied that the bar of contempt had not been reached by the nature of those questions.
Although members should avoid any comment on the facts or the evidence of the individual case, opening up discussion around policy issues relating to the case was allowed. As a party to the case, it is for the Scottish Government to decide the level of detail that it wishes to go into in response to questions. That is perhaps as far as I am able to advise on that aspect of the point of order.
On the point about pursuing the matter further with the cabinet secretary, that is possible through business managers making requests of the Parliamentary Bureau in the normal way. I am sure that that would merit further discussion.
There will be a brief pause before we move on to the next item of business to allow those on the front benches to change.