Chamber and committees

The approval and commencement of the Code of Practice is a matter reserved to the UK Government. The Secretary of State holds powers under the Equality Act 2006 to commence the Code following Parliamentary scrutiny, and it is the responsibility of the EHRC, as regulator of the Equality Act 2010, to provide statutory guidance in relation to the Act.

Public bodies are also responsible for ensuring that they comply with their legal obligations under the Equality Act 2010, including having regard to statutory guidance from the EHRC.

The Scottish Government’s approach remains grounded in dignity, respect, fairness and the protection of rights for all. That includes protecting the privacy of trans people and others who may be impacted by the Code.

The Scottish Government responded formally to the Equality and Human Rights Commission’s public consultation on the draft Code of Practice on 25 July 2025 setting out our views. We also wrote to the UK Government on in November 2025, reiterating our views on the draft Code.

Trans people, and those presenting in gender non-conforming ways, are valued members of our society and remain protected under the Equality Act 2010 from discrimination and harassment. The Scottish Government’s approach will continue to be grounded in dignity, respect, fairness and the protection of rights for all.

Scottish Ministers wrote to the previous UK Government to raise the issue of decapod welfare, including highlighting concerns about live transport through the postal service, and proposing joint working to address these issues.

In its statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 the Scottish Government committed to undertaking, in collaboration with Defra and other devolved administrations, a gap analysis to identify the specific welfare challenges faced by decapods (including live transportation), what evidence there is to inform potential solutions to these challenges, and where further research may be needed.

The Scottish Government recognised in its statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 that decapods are recognised as sentient; currently have no general welfare protection under the 2006 Act; and that this is an area for future policy consideration. We further recognise the position of the Scottish Animal Welfare Commission that future policy development should consider the welfare implications for all sentient animals, including decapods and cephalopods.

The Scottish Government is working with the UK Government to develop Guidance for the decapod welfare at time of killing. In order to inform the development of this Guidance we have collectively met with industry bodies including Seafish, the Shellfish Association of Great Britain (SAGB) and other organisations which developed an industry Code of Practice for handling and despatch of decapods, as well as with NGOs including Crustacean Compassion.

The Scottish Government is working with Defra and the Welsh Government on producing guidance on the welfare of decapods at the time of killing. We are also committed to undertaking a gap analysis in partnership with Defra to identify knowledge and evidence gaps, reviewing current evidence and to continuing our engagement with relevant stakeholders to explore how best to improve decapod welfare.

The Scottish Government engages regularly with LGBTQI+ stakeholders, including organisations representing trans people, and has discussed the draft Code of Practice as part of that ongoing engagement.

The First Minister and I also hosted a roundtable with community members in March to discuss trans lives in Scotland today and the issues currently affecting trans people.

This engagement will continue as we consider the revised Code, including with trans people, LGBTQI+ stakeholders and other groups who may be impacted.

The impact of the new Muirburn Code will be kept under review as part of the wider implementation of muirburn licensing. NatureScot will monitor the operation of the licensing system, including any issues arising from licence applications, licence conditions, compliance activity and stakeholder feedback.

Wildfire frequency, extent and severity are influenced by a range of factors, including weather conditions, vegetation, land use, fuel load, visitor behaviour and climate change. It will therefore not be possible to attribute changes in wildfire activity solely to the Muirburn Code. However, the Scottish Government will continue to work with NatureScot, the Scottish Fire and Rescue Service and other relevant partners to consider available evidence on wildfire risk and land management practice.

The Code will remain subject to review where evidence indicates that changes are required to ensure it remains effective, proportionate and workable in practice.

There are currently no statutory or regulatory measures protecting decapod welfare during transport within and from Scotland. In its statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 the Scottish Government committed to undertaking, in collaboration with Defra and other devolved administrations, a gap analysis to identify the specific welfare challenges faced by decapods (including live transportation), what evidence there is to inform potential solutions to these challenges, and where further research may be needed.

I refer the member to the answer to question S7W-01338 on 10 July 2026. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.