The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1014 contributions
Equalities, Human Rights and Civil Justice Committee
Meeting date: 13 January 2026
Dr Pam Gosal MBE
Do you also understand that you cannot compare apples and pears and that there are some things that you cannot provide services for if you do not have the correct data? Basically, self-ID will screw up the data, especially when it comes to ethnic minorities—people like me. How will you know if females from an ethnic minority are being discriminated against in any way if data on biological sex is not captured? If you use self-ID, people will not have the exact data and would not know what is happening. You talked about the pay gap and other things. Do you not agree that self-ID would muddy the waters?
11:00
Equalities, Human Rights and Civil Justice Committee
Meeting date: 13 January 2026
Dr Pam Gosal MBE
I have a bit of a technical supplementary. Section 112(3) of the Equality Act 2010 states:
“B commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (2)(a) which is false or misleading in a material respect.”
Does EHRC consider that public bodies and the Scottish Government are potentially at risk of legal action if they continue to follow the 2011 code of practice? Given that the code is now clearly advising action, does the commission believe that the Scottish Government is out of line with the law as clarified by the Supreme Court ruling? Having advised the Scottish Government that it must abide by the ruling, disregard the 2011 code of practice and not wait for the new code, do you consider that civil servants or ministers might be committing an offence under section 112(3) if they fail to act in accordance with the law as clarified?
Equalities, Human Rights and Civil Justice Committee
Meeting date: 13 January 2026
Dr Pam Gosal MBE
Good morning. Thank you for the information that you have provided so far. Can you confirm that the commission has changed its position on recording sex based on self-identification—which has been the case since the publication of the chief statistician’s guidance in 2021—and that you agree that it is necessary to collect data on biological sex for equality monitoring?
Equalities, Human Rights and Civil Justice Committee
Meeting date: 13 January 2026
Dr Pam Gosal MBE
It is quite detailed, but it is important to understand if the Scottish Government is breaking the law.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 13 January 2026
Dr Pam Gosal MBE
I have one last question. I asked the earlier panel a question about data. It was emphasised that there is a big gap in the data and a lot of work needs to be done around it. The need to collect the right data was also emphasised. Do you agree that it is important to be collecting data on biological sex for equality monitoring? Will you be withdrawing the 2021 guidance, which still encourages data collection based on self-ID?
Equalities, Human Rights and Civil Justice Committee
Meeting date: 13 January 2026
Dr Pam Gosal MBE
It was to do with engagement with the Scottish Government.
Equalities, Human Rights and Civil Justice Committee
Meeting date: 13 January 2026
Dr Pam Gosal MBE
Yes, I am asking whether the commission has changed its position.
Criminal Justice Committee [Draft]
Meeting date: 7 January 2026
Dr Pam Gosal MBE
Absolutely. On those, when I began working on the bill, some of the organisations that also came here to give evidence asked me what I would do in the cases of women who retaliate and what sort of offences the bill would cover. They asked me what would happen if there were blanket offences that covered everybody. That was one area where I really listened to stakeholders and victims to ensure that my bill would make a difference.
Honestly, Ms Mackay, I am open to any amendments and to looking at the thresholds. I know that the committee has discussed whether we should cover only offenders on indictment, only repeat offenders or a lot more people. I am quite open to using the stage 2 and 3 mechanisms.
Criminal Justice Committee [Draft]
Meeting date: 7 January 2026
Dr Pam Gosal MBE
A lot of this relates to the process of the Parliament. That is not up to me. If it was, I would probably have put the bill in place a long time ago. There are processes that we must abide by and there are stages and certain things that we have to go through. However, at no point did I slack or think that I should do it only by June when I could have done it earlier. I could not have done anything earlier. I gave it enough time to make sure that every voice was heard and that I had gone through the whole process that the Parliament expected me to. I will pass over to Roz Thomson for information on that process.
Criminal Justice Committee [Draft]
Meeting date: 7 January 2026
Dr Pam Gosal MBE
I think that it would have a deterrent effect, but there are a number of other things to ensure such an effect. The intention is that victims are kept safe, too. That is a big thing in my bill.