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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 18 June 2025
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Displaying 839 contributions

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Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

I think that you have answered the question, thank you. That is really helpful.

You talked about organisations that offer. What about the organisations that receive? You used the word “balance”, so do you mean that those organisations must receive balanced feedback?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

Do you agree—a yes or no answer would be helpful—that impact assessments of policies or policy changes that affect sex-based rights should involve input from those with the sex-based rights?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

What about balance and prioritising one protected characteristic over another?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

But data is important.

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

Good morning, minister. I would like to clarify something that you said in your opening statement. It is good that you are providing leadership on the public sector equality duty, and I thank you for that. However, will you wait until the committee has published its report before you draft the guidelines that you said you are going to publish?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

You could include education, health, and prisons in that.

I will quote your letter, dated February 2025, to the Cabinet Secretary for Health and Social Care. In the letter, you highlighted the importance of single-sex spaces and for public sector providers to design

“policies which take into account the rights of all affected protected characteristic groups”.

That goes back to your point about balance. In the EHRC’s view, to what extent has the Scottish Government got wrong the balance of protections between the different protected groups?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

We are talking about the whole thing. You said last month that the policies have not taken

“into account the rights of all affected protected characteristic groups”.

That is a very powerful statement to have made, so I want you to elaborate on which protected characteristics you think have been missed out, if any.

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

You felt the need to issue that letter in February

“because of a particular on-going situation.”

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

Okay. This is my final question.

In your view, to what extent does the Scottish Government’s interpretation of the terms “sex”, “gender” and “woman” make it difficult for public authorities to meet their responsibilities under the PSED? I know that Jennifer Laughland said that the Supreme Court judgment on the For Women Scotland case might provide clarity. Are you waiting until that comes before you can provide extra clarity and guidance?

Equalities, Human Rights and Civil Justice Committee

Public Sector Equality Duty

Meeting date: 18 March 2025

Tess White

Thank you.