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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 5 February 2026
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Displaying 1005 contributions

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Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

But you would be willing?

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

If you can, that would be good, thank you. It is mentioned on the short-life working group’s website.

MSPs regularly engage with the IJBs, chief executives and council officers. In your view, how has the EHRC helped employers to not fall foul of the law?

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

You can tell that I feel strongly about this. My background is in human resources. I am a fellow of the Chartered Institute of Personnel and Development. In the private sector, I would have acted as the enforcer, and there would have been consequences for anybody who was not delivering on the requirements of the organisation. Right now, there are no consequences.

The committee has produced a damning report on what is happening in public sector organisations. John, you have said, “We will review it.” With respect, I say that I will come to you, because what is required is not happening.

I accept that the EHRC has only 20 staff and that it is limited in what it can do, but the system is broken. Women, including women with disabilities, have come to me and said, “Tess, please can we start to go swimming, because not being able to do so is affecting our physical health and our mental health?”

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

I hear you, but I was feeling quite positive after Jennifer’s response. Now, I almost feel as though the issue that I have raised is priority number 10, after paper clips.

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

We are pressed for time.

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

Thank you.

I am conscious of time, so I want to turn to the report. We have 11 weeks of the parliamentary session to go. If I were to come to the EHRC with examples of what is happening in the north-east, along with the data from the FOIs, would you work with me and consider enforcement measures where that was appropriate?

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

But the Government is waiting and it is in paralysis, so will you be telling them to get on with it?

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

Good afternoon, minister.

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

We welcome the fact that you have said that no one wants anybody to be excluded. We also welcome the fact that you said that the Scottish Government wants to follow the law. This morning, we had a very important session with the EHRC. It said that, basically, a lot of the leadership resides with the Scottish Government on this, while accepting your point about monitoring and enforcement.

Vuyi Stutley talked about the Hate Crime and Public Order (Scotland) Act 2021 and mentioned in a comment that if nobody is going to be included, sex is excluded from the 2021 act. I think that it is important to state that point. Vuyi Stutley, do you want to add anything on that?

Equalities, Human Rights and Civil Justice Committee [Draft]

Public Sector Equality Duty

Meeting date: 13 January 2026

Tess White

Thank you; you have answered the question.

As you have mentioned, following the Supreme Court judgment, the law is clear. Has the EHRC started work on an awareness campaign for employers, so that there are no more tribunals like one in the Sandie Peggie case? I have asked officers in my community which guidance they are following, and it seems that, even though parts of the old technical guidance have been taken down—and there is a view that, to be direct, that guidance needs binning—employers are still relying on it, and it is still being referenced in court cases. Does the EHRC have a workaround for the sort of muddle that we are in right now, with people referring to old guidance that should be binned?