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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 21 June 2025
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Displaying 1744 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Martin Whitfield

It is always a pleasure to follow Christine Grahame, even when she seeks to insult my poor amendment.

I intend to speak to amendments 124 and 120. As amendment 120 is a technical amendment that allows amendment 124 to fit in, I will deal first with the purposes behind them.

The registrar general will have an important role in the process, if it moves forward. The purpose behind my amendments is to draw out the fact—and I seek the view of the cabinet secretary on this—that our young people who are 16 and 17 already have substantial protections around them. It is a transitional period between childhood and adulthood, in which we seek to allow our young people as much freedom as possible, while still providing a scaffolding of support, should things go wrong or should decisions be contrary, perhaps, to an individual’s interests.

In answer to Christine Grahame, I picked the registrar general on whom to place the obligation to ensure that there is some protection, because their office is already under a statutory requirement to undertake assessments of people who present themselves as a result of a variety of legislation. They are therefore well capable of making such decisions.

The protections that are extended in this case are really very narrow. The first two, which are contained in proposed new subsection (2B)(a) in amendment 124, deal with the effect of obtaining the certificate and the importance of a statutory declaration. Anyone who undertakes to hear a statutory declaration needs to assure themselves that there is an understanding of the significance and importance of that document. The reference in the amendment to

“the effect of obtaining the certificate”

is to allow the registrar to ask those questions to satisfy themselves that the person fully understands the consequences of having a GRC.

Proposed new subsection (2B)(b) in amendment 124 is very important, as it ensures that the application has not been made “under coercion”. That sort of provision is echoed in a number of other situations; there is, for example, a requirement on a person registering a marriage to ensure that no coercion has taken place.

As for the point that has been made about the use of the word “capacity”, I would point out that it has a strict legal definition, and it defines the position of a young person in making such a significant decision about these matters.

Both amendments, particularly amendment 124, seek to remind the registrar general of their existing legal obligations and to allow them, in certain situations, to avail themselves of the ability to say “No”—on the assumption, of course, that the decision would always be “Yes.”

I am happy to leave it there, convener, unless I can give any further guidance.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Martin Whitfield

Given the indication from the Government, I will not move amendment 120 at this stage.

Amendment 120 not moved.

Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 27 October 2022

Martin Whitfield

Good morning, and welcome to the 20th meeting in 2022 of the Standards, Procedures and Public Appointments Committee.

Our first agenda item is a decision on whether to take business in private. Does the committee agree to take in private item 2 and future consideration of correspondence received from the acting Commissioner for Ethical Standards in Public Life in Scotland, future consideration of correspondence received in relation to complaints procedures, and future consideration of the legislative consent procedure? I am happy to rephrase that, to turn it into English—or are we happy to take those items in private?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 27 October 2022

Martin Whitfield

I am grateful for that.

10:00 Meeting continued in private until 10:37.  

Standards, Procedures and Public Appointments Committee

Cross-Party Group

Meeting date: 6 October 2022

Martin Whitfield

For our second agenda item, I welcome representatives of a proposed cross-party group on the Scots language. Good morning to Jackie Dunbar and to Emma Harper, who join us at the far end of the table. I will hand over to them to give us a short introduction on the proposed CPG.

Standards, Procedures and Public Appointments Committee

Cross-Party Group

Meeting date: 6 October 2022

Martin Whitfield

Excellent. The clerks will pass that information on in due course.

09:50 Meeting continued in private until 10:43.  

Standards, Procedures and Public Appointments Committee

Cross-Party Group

Meeting date: 6 October 2022

Martin Whitfield

As convener, I always get to ask one exciting question. From the evidence that we have heard today, you are using Scots as a collective description for several minority—perhaps unfairly so—languages in Scotland. Am I right in thinking that you are looking at the scope of minority languages covered by the term “Scots”? I love the fact that groups such as the Doric Society have signed up. I am just looking for clarification that it is about not just what we, in the south of Scotland, would call our lowland Scots, but is about Scots in the proper, collective definition.

Standards, Procedures and Public Appointments Committee

Cross-Party Group

Meeting date: 6 October 2022

Martin Whitfield

Welcome and important.

Standards, Procedures and Public Appointments Committee

Cross-Party Group

Meeting date: 6 October 2022

Martin Whitfield

Absolutely.

Do members agree to accord recognition to the proposed CPG?

Members indicated agreement.

Standards, Procedures and Public Appointments Committee

Decision on Taking Business in Private

Meeting date: 6 October 2022

Martin Whitfield

Good morning. I welcome everyone to the 19th meeting of the Standards, Procedures and Public Appointments Committee in 2022. Our first agenda item is a decision on whether to take items 4 and 5 in private. Do committee members agree to that?

Members indicated agreement.