Chamber and committees

As I have stated, we, in the chamber, all have a responsibility to use our leadership and our language very carefully and respectfully. Meghan Gallacher has raised that incident before, and I responded to it. I accept that it is an appalling situation.

At this point, I would like to share the stories of young Pakistani girls who are getting attacked and racially abused on their way to school, and of old-age pensioners who are now too frightened to go out in various communities. We need to be very careful not to pit communities against themselves but to use our platforms to bring people together.

We are working with our partners, including the Scottish Refugee Council, local authorities and third sector partners, to challenge what is an increasingly stigmatising narrative and to find ways for communities to come together in respectful dialogue and shared understanding. We are also working with the Home Office to tackle the sources of misinformation and disinformation that perpetuate the harmful narratives.

I take this opportunity to make a point about the human condition. While none of us is perfect, unfortunately, and some people go into criminality, we must not divide or target people or blame entire communities for the actions of a few.

On a point of order, Presiding Officer. My app would not connect. I would have voted no.

I have listened very carefully to all the contributors in the debate. I will not be able to refer to everybody individually, but I will try to address as many of the points that were raised as I can.

The Scottish Government has consistently made it clear that it accepts the Supreme Court ruling in For Women Scotland Ltd v the Scottish ministers in relation to the definition of the term “woman” in the Equality Act 2010.

Since April, we have been taking forward the detailed work that is necessary as a consequence of the ruling. That work is on-going, and it is being co-ordinated by a senior-level, cross-Government working group that is convened by the permanent secretary.

Our approach is—

I cannot give a timescale for that. There are so many different areas that the judgment may or may not cover, and the work has to be done in a methodical way.

I was going on to address the point that our approach is focused on co-ordinating Government action in the context of legal complexity, ensuring accuracy and clarity.

I would also like to make it clear that the decision of the Supreme Court does not remove trans people’s protections from discrimination. That point was made explicitly by the Supreme Court in its judgment. We have been clear since the Supreme Court ruling that we accept that. We are taking forward the work that is necessary as a consequence of it. Every key area of Government that is or may be affected by the judgment is carrying out those assessments.

The Scottish Government has always said that we accept the ruling of the Supreme Court in its judgment—that is not a contentious issue, and we are working at pace to review and implement guidance as necessary. That is not in question.

The Presiding Officer will be well aware that I will not comment on any live litigation cases.

I will give some examples of the work that we have already done: we have updated the guidance on the Gender Representation on Public Boards (Scotland) Act 2018 and we have amended the recruitment process for appointments to public bodies subject to the 2018 act. Through joint working with Police Scotland, we will publicly consult on the stop-and-search code of practice before the end of the year. The guidance on supporting transgender young people in schools is being reviewed, recognising that the EHRC is also reviewing the technical guidance for schools.

As I said, our approach is focused on ensuring accuracy and clarity, and avoiding unnecessary complexity or confusion at a time of heightened public debate.

We have, in fact, done that. I reminded myself of the fact that, in May, we published a note that was sent to all public bodies, and which made it very clear that public bodies should satisfy themselves that they are compliant with the law and that they are reviewing all the necessary guidance and policies. Other people also raised that point and implied that we had not offered that instruction, but we had.

I take the opportunity to remind the Parliament that equality for women and girls is a priority for this Government. I have heard very powerful testimonies this afternoon about why that is so important. I also remind Parliament that it is at the heart of our vision for a fair and prosperous Scotland for everybody.

As a Government, we are determined to deliver for women and girls and to address those inequalities where they arise.

Jackie Baillie rose—

Rachael Hamilton rose—

I will bring my remarks to a close. I hope that I have given reassurance that the Government absolutely accepts the Supreme Court judgment. I have given clear examples of the actions that we are taking. I point out that the EHRC has only recently—on 5 September—submitted to the UK Government its revised code of practice, which we have not yet seen. That is another sign that it is vital to take time to fully consider the impact of the judgment and its consequences—which is what we are doing.

Can I just make a little bit of progress? I realise that I am running out of time—I have taken interventions.

That was an outline of some of the work that we are doing. I also want to re-emphasise that the on-going work on the implications of the Supreme Court judgment is not about pitting the rights of two groups of people against each other, but rather is about ensuring equality, dignity and the rights of all. I want to make it clear that trans men and women are valued in society. They exist—they always have done—and they must enjoy the same human rights as all in society, as well as protections under the Equality Act 2010.

I sincerely believe that the vast majority of people in Scotland want to live in a country that is respectful, compassionate and caring and that protects the rights of all. It is not a competition. Our work to support trans people in Scotland is absolutely not at the expense of our vital support for women and girls. Strategic work is taking place on that, informed by the First Minister’s National Advisory Council on Women and Girls and the voices and views of a diverse range of women and girls, including those on the empowering women panel.

Violence against women and girls was mentioned. I highlight the equally safe strategy, which is world leading. Through it, we have strengthened the laws that enable us to respond robustly to perpetrators and protect women and girls—for instance, through the Domestic Abuse (Scotland) Act 2018. We make sure that we take trauma-informed approaches, especially for women who have experienced sexual violence, and we have changed the law so that victims of rape and sexual assault can get healthcare without first having to report the assault to the police—[Interruption.] Forgive me, but I will make progress. I am grateful for the leeway, Presiding Officer—I know that I have gone over my time.

We have taken forward a great deal of work to ensure that those who work in the public sector are equipped with the resources and knowledge to confidently and sensitively work with those who are affected by violence against women and girls.

I will briefly mention health. We published the first women’s health plan in the UK, and we are currently working on the second phase of that process. The achievements that that has led to include the appointment of Scotland’s first women’s health champion, Professor Anna Glasier.