Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 19 December 2025
Select which types of business to include


Select level of detail in results

Displaying 1816 contributions

|

Meeting of the Parliament (Hybrid)

Urgent Question

Meeting date: 1 June 2021

Keith Brown

It is the first time that I have heard reference to the square go defence, but that is an important point, which is similar to the one that Pauline McNeill and Emma Roddick raised. An accused person cannot claim that a person consented to the harm that was caused to them, so it is right to say that there is no legitimate rough sex defence. However, it is also true that an accused person may seek to portray events in such a way to reduce the charge from murder to culpable homicide, as I mentioned. That is for the court to determine in any given case.

I am pleased that the Scottish Law Commission is looking to see whether steps are needed to make the law clearer in this regard. I will carefully consider its recommendations.

I agree with Emma Harper that it is important to be clear about what we are saying when discussing the rough sex defence.

Meeting of the Parliament (Hybrid)

Urgent Question

Meeting date: 1 June 2021

Keith Brown

I am more than happy to provide an update in writing to Claire Baker. Given the discussion that we have just had, the proposed reforms and the Scottish Law Commission’s report, this area will be subject to substantially more scrutiny. It is important that that be based on relevant and up-to-date data, so I am happy to respond on the question of where we are now with the collection of such data and to give an indication of where we intend to go with it.

Meeting of the Parliament (Hybrid)

Urgent Question

Meeting date: 1 June 2021

Keith Brown

I thank Emma Roddick for her question. I am not sure whether this is the first time that she has spoken in the chamber, but I welcome her to her place here.

The issue that Emma Roddick raises is similar to the one raised by Pauline McNeill. It is an important issue, but I hope that members understand that the Scottish Law Commission will prepare the final report with recommendations and deliver it to ministers; therefore, I do not want to pre-empt the consideration that ministers will give the final report once it is provided. However, I think that there is a compelling case for giving serious consideration to that specific area of reform, and I look forward to hearing what people have to say in response to the discussion paper. It is likely that many people will express the view that has been expressed by Emma Roddick before the commission makes its recommendations for reform.

Meeting of the Parliament (Hybrid)

Urgent Question

Meeting date: 1 June 2021

Keith Brown

I thank James Dornan for his question and, like him, commend his constituent, Fiona Drouet, for the #EmilyTest campaign and the work that she has tirelessly undertaken to support effective gender-based violence interventions in colleges and universities. I commend Fiona for all her efforts and, in particular, those that were focused on improving students’ wellbeing and ensuring that victims of abuse do not blame themselves for crimes that are committed against them. As I said, I am aware of the work that Fiona has done in further and higher education institutions.

The effect of the changes to the law in England and Wales is that it is now a matter of statute that a person cannot claim a so-called rough sex defence, whereas it was previously a matter of common law.

The United Kingdom Government has acknowledged that it was not a new law but that it involved the position being made clear in statute for the first time, as I have said. For that reason, the new statute is not yet in force; it was passed only recently. However, I commit to answering the member’s question through engaging directly with the UK Government to understand what plans it might have to monitor and evaluate the effect of the new law.

Meeting of the Parliament (Hybrid)

Urgent Question

Meeting date: 1 June 2021

Keith Brown

I thank Jamie Greene for his question. I also welcome him to the role of justice spokesperson for the Scottish Conservatives and thank him for the constructive discussion that we had once he had been appointed to his post.

We are pleased that the Scottish Law Commission has published its extensive discussion paper on reforms to homicide law. The Scottish Government asked the commission to undertake that project in light of various court judgments that recommended a fundamental study into homicide law, and the progress that the commission has made is positive.

In line with the normal process for Scottish Law Commission reports, we are awaiting the commission’s final report, which will be developed from, and informed by, the responses to its initial discussion paper. I do not want to pre-empt the commission’s final recommendations, but I welcome its inclusion of certain aspects of homicide law for consideration for reform, including consideration of whether Scots law needs to be made clearer with regard to the so-called rough sex defence; whether new defences are needed in respect of those who experience domestic abuse; and consideration of reforming the defence of provocation in that area of law. It is right that Parliament will have the opportunity to consider the commission’s final recommendations on those matters when it reports.

Meeting of the Parliament (Hybrid)

Oaths and Affirmations

Meeting date: 13 May 2021

Keith Brown

made a solemn affirmation.