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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 5 May 2021
  6. Current session: 12 May 2021 to 17 July 2025
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Displaying 1957 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Good afternoon, Senator Doherty. In your opening statement, what did you mean when you said that there are attempts to repeal the Irish Gender Recognition Act 2015 and that you might have a summer of discontent?

15:30  

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Sorry, Senator Doherty. In your answer to Karen Adam’s question, or in your opening statement, you stated that your bill was a great piece of legislation but it was for a very tiny number of people. Now you are arguing the opposite: that it is a tiny number of people who may be affected in a prison setting, for example. It is not like for like in terms of the argument that you are making.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Okay. I have two more questions.

I noted that, within the Irish Gender Recognition Act 2015, there was a reporting process, which required the Minister for Social Protection

“to prepare a report on the performance of his or her function under the act in the immediately preceding year”.

Unfortunately, I have not had time to look at that report, but is it laid every year? What did it find? Did it find that there were things that you could have done better, which you could recommend for this Parliament to do?

I also want to ask you about prison, so I will do that now. I am sort of looking at the unintended consequences of some of the act.

I wondered about the analysis that you did. We know not to underestimate the number of women who are in prison because they were not able to prove self-defence in domestic abuse. You referred to cases in Ireland of males with gender recognition certificates being sent to prison. Did you do any analysis prior to, or during, the evidence sessions on your bill to work out the impact of housing males with GRCs in female prisons?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

I will interrupt you there, since you said that we could.

It is interesting that you said that, because it seems that you regretted the wording in the census. We have been talking about that a lot. How do you think that the different terms that are used in data collection impact on policy development, for example in health and criminal justice?

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

I have some quick questions on the back of Alasdair Allan’s questions. What facilities and storage do the police have for the purposes of seizing a horse or storing a quad bike, and who pays for that?

My second question, which is about spurious allegations, is for most of the witnesses. Robbie Marsland spoke about field investigators. In the case of an allegation from a field investigator, for example, would a licence be revoked on sight or on conviction? If a farmer suffers loss of livelihood, should there be compensation? NatureScot will know how general licences work, but there is nothing in the bill that suggests that there could be compensation or that there could be a method for appealing against a conviction. Robbie Kernahan, do you want to take that question with regard to how general licences operate?

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

You would need to consider where the horse would go after that.

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

You note in your written evidence that the bill contains no provision for

“police powers to arrest or search”.

Can you explain why the general powers that are available to Police Scotland and those powers that are set out in the schedule to the bill could be a problem?

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Robbie Kernahan said that NatureScot issues thousands of licences per year. With regard to the 14-day licence, it will be interesting to hear, in the next part of the questioning, how that will play out and what will be required of NatureScot.

In the context of the resource that will be required from Police Scotland and its current resources for enforcement, have you considered that a general licence, with conditions and reporting requirements, would be a better way of conducting such a scheme?

Rural Affairs, Islands and Natural Environment Committee

Aquaculture Regulatory Review

Meeting date: 22 June 2022

Rachael Hamilton

I will ask a quick question on the framework itself. My understanding is that it will take a considerable amount of time to be produced. In the meantime, what are your observations on some of the issues in the industry that I have spoken about? Should priorities or technology be put in place before the framework?

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Yes.