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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 8 September 2025
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Displaying 1696 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Claire Baker

I appreciate that there are a lot of amendments in the group. On amendment 151, I hear what the cabinet secretary is saying about it being for the EHRC to issue guidance in this area, but public bodies, including Education Scotland, have provided guidance in addition to EHRC guidance around the Equality Act 2010 on discrimination. Education Scotland describes its guidance as a

“reference which should be used both to develop and review policy.”

It is a tool. The Government could look at whether that is the approach that it should take to providing more guidance in this area. In a briefing that it sent to members, the EHRC said that it had written to the Scottish Government and the UK Government

“to get clarity for employers and service providers on the law.”

The EHRC provides guidance on occupational exemptions, but it has written to the Scottish and UK Governments because it sees a role for Government in providing clarity for employers and service providers.

Cabinet secretary, have you seen the letter and had a chance to respond? I would be interested to know what the difference is with the guidance that Education Scotland has issued on the Equality Act 2010, which comes from 2021 and is described as

“technical guidance”

that provides

“an authoritative, comprehensive and technical guide to the detail of the law.”

I will press the amendment. The cabinet secretary might feel that it oversteps in relation to the role of the Scottish Government, but does she recognise that there is a role for the Scottish Government to provide guidance on the operation of the 2010 act in Scotland? Perhaps we could have further discussion before stage 3 in order to reach a shared understanding of what role the Scottish Government has in ensuring that public bodies and employers in Scotland know how to use the law effectively.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Claire Baker

I wonder whether the cabinet secretary can provide clarity on an issue that is linked to the previous discussion. The right to make decisions on exceptions sits with the employer, not with the patient. The patient has the right to ask about who can provide care, but the right to make any decisions under the Equality Act 2010 sits with the employer. I note that the cabinet secretary has said that the employer makes the decision, but can she set out the legal framework upon which they do so?

Economy and Fair Work Committee

Fair Work Convention

Meeting date: 16 November 2022

Claire Baker

Thank you. I will begin by asking some questions about progress on fair work. You mentioned the report card that was published in December 2020, where the convention raised concerns about lack of progress on realising the 2025 vision. In March 2021, the convention warned that, unless the Scottish Government took urgent action, the vision would not be realised.

Have you seen the urgent action that you called for since then? Are there actions that the Government needs to take forward to make sure that we reach the 2025 target? Why has progress in some areas been so slow?

Economy and Fair Work Committee

Decision on Taking Business in Private

Meeting date: 16 November 2022

Claire Baker

Good morning, and welcome to the Economy and Fair Work Committee’s 26th meeting in 2022. No apologies have been received.

Our first item of business is a decision on whether to take item 3 in private. Are members content to take that item in private?

Members indicated agreement.

Economy and Fair Work Committee

Fair Work Convention

Meeting date: 16 November 2022

Claire Baker

Thank you. I will bring in Graham Simpson.

Economy and Fair Work Committee

Fair Work Convention

Meeting date: 16 November 2022

Claire Baker

That is helpful. The committee might decide to follow up on that issue in the future.

That brings us to the end of the evidence session. I thank all the witnesses for coming along and sharing their knowledge and expertise.

10:59 Meeting continued in private until 12:23.  

Economy and Fair Work Committee

Fair Work Convention

Meeting date: 16 November 2022

Claire Baker

I am going to change the order of questions and bring in Jamie Halcro Johnston, as his question is relevant, I think, to what we have heard so far. I will then come to Colin Smyth.

Economy and Fair Work Committee

Fair Work Convention

Meeting date: 16 November 2022

Claire Baker

You have started to address issues that other members will want to pick up on. The convention’s report of December 2020 said that the Covid-19 crisis

“laid bare much of the unfairness in our economy”

and that

“even before the pandemic, limited progress was being made in improving key fair work indicators.”

The refreshed plan is due out quite soon—I think that it was meant to have been out in the autumn. Will it be able to address the existing unfairness, which has been added to by the pandemic? Will that be the plan’s focus, or will its focus be elsewhere in terms of addressing any gaps?

Economy and Fair Work Committee

Fair Work Convention

Meeting date: 16 November 2022

Claire Baker

What would you like to see in the plan when it comes out?

Economy and Fair Work Committee

Fair Work Convention

Meeting date: 16 November 2022

Claire Baker

Our next item of businesses is an evidence-taking session with the Fair Work Convention. The purpose of the session is to provide members with an introduction to the convention’s work and to discuss with it the challenges and opportunities that businesses and workers face.

I welcome Mary Alexander and Patricia Findlay, who are co-chairs of the Fair Work Convention. They are joined by Helen Martin, who is head of the convention secretariat.

As always, I ask members and witnesses to keep their questions and answers as short and concise as possible.

I invite Mary Alexander to make a short opening statement.