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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.
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Equalities, Human Rights and Civil Justice Committee [Draft]
Equalities, Human Rights and Civil Justice (Overview)
Meeting date: 24 September 2026
Kirsten Oswald
First, I do not think that, in pursuing this bill, we are pursuing something that already exists, and that is important, particularly in the context of what you have just asked me. Action is more important here, so the ability to legislate and act is vital. I am not aware of a plan to do a deep-dive exercise in relation to legislation that has not been implemented in this area, but the point about ensuring that we can act is well made. We are acting on a significant number of wide-ranging matters, and other things are now in train. That action is key, because we want to ensure that we can make a tangible difference in relation to violence against women and girls. The whole broad range of things that are actually happening—which is your point, really—will be kept under very careful review, and we will obviously follow the progress of the misogyny bill with interest in that regard.
Equalities, Human Rights and Civil Justice Committee [Draft]
Equalities, Human Rights and Civil Justice (Overview)
Meeting date: 24 September 2026
Kirsten Oswald
That question is helpful in ensuring that we consider the whole range of families when we think about laws and how they affect different family set-ups. Families come in all different shapes, so it is important that we think about how different people will be impacted and take account of that. I am not sure that I have been contacted about, or that people have flagged particular gaps in relation to, LGBTI people’s experiences in interacting with family law, but I would be happy to hear more on that.
It might be helpful to set out some of the rules on parental rights and responsibilities. If somebody is the birth mother of a child, they have parental rights. It is perhaps not relevant to the scenario that you set out, but there are certain criteria that dictate whether a father gets parental rights. Perhaps there is a degree of complexity to navigate if both partners in a family are female, and I take that point. I would hope that we could have such conversations if you think that there is a gap.
I have been interested to see the interconnection between the different kinds of families who might interact with the justice system and the training that is provided to people who work in that system. It is helpful to ensure that everyone who accesses justice has confidence that the people with whom they come into contact are properly skilled and understand the different dynamics or challenges that they might face. The Lord President is responsible for the training angle for those who sit under his remit, but I know that some really interesting and positive training is happening in the field that you have raised, to ensure that people in same-sex relationships—in all different kinds of relationship—are understood and that the justice system caters for everybody, regardless of their different life circumstances.
That probably answers about half of your question, but I am happy to look further and to come back on the issue if you think that there is a particular gap.
