Chamber and committees

I would just like to know why you have missed out the NHS and GPs.

You have not mentioned the NHS and you have not mentioned GPs.

Back to you, convener.

It just so happens. Can I ask you, minister—

There have been six cases recorded and not a single prosecution—not one—in five years. Can you explain why?

I have a lot to get through—if I have time at the end, I will.

For the past two weeks, the Equalities, Human Rights and Civil Justice Committee has taken evidence on the proposed learning disabilities, autism and neurodivergence bill—another piece of legislation that has been kicked into the long grass by Scottish ministers. The committee heard evidence that up to 90 per cent of women with learning disabilities have been sexually abused, but Maree Todd could only say that she shares the

“disappointment in the lack of progress.”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 3 December 2024; c 19.]

Today, the committee took evidence on the Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020. Four years after the act was passed, it is still not fully in force. Vulnerable women and girls are being failed, but at this morning’s session, the Minister for Parliamentary Business had the nerve to say that “we are where we are”.

The Gender Recognition Reform (Scotland) Bill was progressed at pace, as was the bill that became the Hate Crime and Public Order (Scotland) Act 2021. However, the 2020 FGM act, the Domestic Abuse (Protection) (Scotland) Act 2021 and the Children (Scotland) Act 2020 have still not been fully implemented.

Those are more broken promises—

No.

No.

Meanwhile, the SNP rushed through the Gender Recognition Reform (Scotland) Bill before Christmas two years ago, with “feminist to her fingertips” Nicola Sturgeon dismissing women’s valid concerns. More valuable resources were wasted trying to defend the flawed legislation in the Supreme Court.

Last month, lawyers acting for the SNP Government were on their feet again in the Supreme Court. This time, they were arguing that men could get pregnant, become lesbians and access women-only spaces. Even though John Swinney said that he disagreed, and even though Kaukab Stewart recognised last week that single-sex spaces are a right under the Equality Act 2010, costly King’s counsels argued the opposite in the Supreme Court literally days later.

In a thoroughly depressing development, the Scottish Government’s case was supported by Amnesty International, which argued against the importance of biological sex, despite its being used to deny women their fundamental rights in countries such as Afghanistan.

The balance of rights seems to have tipped so far against women and girls under the SNP that the Scottish Government believes not only that sex can be appropriated but that the very definition of a woman is contentious ground.

All of that shows that the SNP Government has struggled to understand the parameters of devolved competence. It has failed to manage the complex balance of rights between competing interests, and it has lacked leadership on the serious challenges that we face in Scotland.

Too often, the SNP says one thing but does another. The Scottish Government has many of the levers that it needs to protect and promote the rights of the Scottish people, even without new legislation. We are calling for urgent, meaningful and commonsense action now. The SNP needs to stop focusing on fringe issues and find ways to address the very real challenges that impact Scots every day.

I move, as an amendment to motion S6M-15782, to leave out from “that this year” to end and insert:

“the important work of bodies, organisations and charities in Scotland, across the UK and around the world that act to uphold human rights and protect those who are vulnerable; acknowledges the steps to advance rights in Scotland, including the commencement of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024; notes, however, concerns among civil society regarding the Scottish Government’s engagement over the draft Disability Equality Plan, as well as other measures to improve and progress human rights in Scotland, which, it believes, the Scottish Government has not delivered; highlights a report from the Scottish Human Rights Commission published in November 2024, which emphasises the ‘significant’ human rights challenges for people in rural and remote areas of Scotland; recognises that a number of women’s groups continue to have serious concerns about the Scottish Government’s approach to the rights and safety of women and children; calls on the Scottish Government to work in a careful and considered way with public bodies and the third sector, in light of recent criticism over the way that it has engaged on policy matters, and urges it to take urgent and meaningful action on issues affecting human rights, including Scotland’s national housing emergency and access to vital public services such as health and social care.”

No.

Those are more broken promises, and more people who feel left behind or ignored.

There is also the National Care Service (Scotland) Bill. The social care sector is on its knees, we have record levels of delayed discharge and self-directed support is not fit for purpose. Scores of people with complex care needs are languishing in hospital settings because of delayed discharge, and they are crying out for care packages. The coming home implementation programme has clearly failed.

What is the SNP’s solution? It is to spend millions of pounds of taxpayers’ money on flawed and unworkable legislation, which has cost the support of everyone—sorry, which has lost the support of everyone—[Laughter.] It has lost the support of everyone except SNP ministers. I do not think that that is much to laugh about.

Meanwhile, the Scottish Human Rights Commission has raised significant concerns about people’s rights and rural proofing. Its report, “Economic, Social and Cultural Rights in the Highlands and Islands”, which was published last month, found that, in the Highlands and Islands, the minimum core obligation in relation to the right to food and housing was not being met, while the obligation in relation to the right to health was being only partially met.

In my region, NHS Grampian has the lowest bed base in Scotland. That means that patients in the north of Scotland are suffering the pain and indignity of corridor care and ambulance stacking. That is not just a crisis in health and social care; it is a human rights crisis.

After trying to invoke a constitutional grievance with the UK Government over the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, it took the SNP 709 days to remedy the legislation. The SNP played constitutional games with the rights of children.

Meanwhile, the SNP rushed—

Thank you, Deputy Presiding Officer—again, I apologise for being late to the chamber.

On this human rights day, we are reminded of the importance of protecting everyone’s human rights. However, multiple failures by the Scottish National Party Government have seen the human rights of people across Scotland placed in jeopardy. The “State of the Nation: Civil and Political Rights in Scotland” report from the Scottish Human Rights Commission, which was published today, has identified

“a vast array of challenges for human rights”

in Scotland, and

“failures that have been unchanged for many years.”

In an eviscerating letter to the First Minister back in September, more than 100 third sector organisations pointed to the

“diminishing priority given to human rights”

by SNP ministers. The letter followed the Scottish Government’s decision to renege on the proposed human rights bill. Stakeholders had been working on the project for years, but the SNP marched them up the legislative hill and then marched them down again. Close to £300,000 of taxpayers’ money has already been spent on that so-called landmark legislation.