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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 23 June 2025
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Displaying 1943 contributions

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Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill

Meeting date: 23 November 2022

Rachael Hamilton

The pressure is on DS Telford today, but it is his job to enforce the law.

The policy memorandum to the bill says:

“Including rabbits in the definition of wild mammal will aid in the detection and enforcement of hare coursing offences by removing this activity as a potential cover.”

If the Government is hell-bent on including rabbits in the definition of “wild mammal” but prosecution rates for hare coursing offences do not improve—it is obviously very difficult to prosecute at the moment—should that issue be considered in the post-legislative process? Should figures be presented to Scottish ministers regarding that issue? Should the committee consider the matter if the bill does not work, with hare coursers still not found to be breaking the law?

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill

Meeting date: 23 November 2022

Rachael Hamilton

And the evidence for it.

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill

Meeting date: 23 November 2022

Rachael Hamilton

I am the MSP for Ettrick, Roxburgh and Berwickshire.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

Even a tiny number can be impactful in certain circumstances. It is therefore important that we do not put a number on things, because that number—even if it is one—could have significant and severe unintended consequences.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

There has been a full discussion on this grouping. On Daniel Johnson’s amendment 25, we must address the policy impact of reforming the law. Most members speaking today have said that, while the reform of the legislation is well intentioned, the bill is clumsy. All of us have said that we need clear, robust guidance from the Scottish Government on the interaction with the 2010 act.

My colleague Pam Gosal was correct to point out that the Scottish Government has brushed off concerns from stakeholders. Pauline McNeill was right to say that public organisations should not be left in the dark. Legislation should be clear. We believe—and I hope that the cabinet secretary is hearing what we are saying on behalf of stakeholders, our constituents and others among the general public—that the proposed new law is not workable and is not clear enough. It is important that the public are reassured that the bill will not harm the rights of women and others, particularly in protection against discrimination—including in pay or in representation on public boards—or in the protection of single-sex spaces, for example in domestic shelters and rape crisis centres. I agree with Foysol Choudhury and Pauline McNeill that it is down to the Scottish Government to tell us what the effect of a GRC is for the purposes of the 2010 act.

Pam Duncan-Glancy says that she wants the Scottish Government to make good law and produce clear guidance. We are all agreed on that: we must give the public clarity. However, I would question what clarity her amendment 37 gives. As the bill stands, the Scottish Government is failing to put a firewall between GRCs and the 2010 act, but at the same time it is making GRCs available to a much larger, wider, more diverse group of people.

Despite the Scottish Government supporting Pam Duncan-Glancy’s amendment 37, we still do not have the reassurance that there is clarity for the delivery of services, jobs and sport on the ground. All that the amendment does is support the SNP position, which has still not been explained.

12:45  

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

I would like some clarity on the relevance of a GRC under the Equality Act 2010. Does the cabinet secretary believe that a GRC is relevant or irrelevant under that act? Two weeks ago, the Scottish Government argued in court that a GRC changes someone’s sex under the 2010 act. Can she explain that?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

I just want to say one more thing, if I may, convener.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

I thank Daniel Johnson for his intervention. I did not use those words, but he is entitled to his opinion. I am not going to interfere in how his party decides on business management.

Using the example that the cabinet secretary used of the EHRC guidance, what it suits is shallow. The EHRC supports Foysol Choudhury’s amendment 104, as do I, so why does the Scottish Government not support it? If the Scottish Government truly wants reform, and if the cabinet secretary wants the bill to be passed as a piece of legislation that provides for groundbreaking reform in Scotland, all the political parties should be brought together. We have discussed the bill in good faith and we want to make good law. That is the point. The catch-all approach that the cabinet secretary has been supportive of in previous groupings of amendments would have been preferable for this grouping.

On that point, I seek to withdraw amendment 23.

Amendment 23, by agreement, withdrawn.

Amendment 24 not moved.

Amendment 25 moved—[Daniel Johnson].

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

Amendment 21 is a probing amendment that makes it clear that a gender recognition certificate does not change the status of a person as a parent under the Gender Recognition Act 2004. Currently, there is no provision regarding the status of parenthood in the bill. Section 12 of the 2004 act states:

“The fact that a person’s gender has become the acquired gender ... does not affect the status of the person as the father or mother of a child.”

If GRCs that are issued under the new Scottish system change the definitions in relation to mother and father, that could create confusion on their child’s official documents, and it would have cross-border implications.

I hope that the cabinet secretary will tell me that amendment 21 is not necessary and that section 12 of the 2004 act will still apply to GRCs that are issued by the registrar general for Scotland. In that case, I will seek to withdraw it.

I move amendment 21.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

I seek to withdraw amendment 21. All I will say about the amendments in this group is that I am sympathetic to Fulton MacGregor’s amendment 111 on the impact on prisons. It is possible that addressing our concerns through the amendment would have reduced the risk in prisons. The cabinet secretary has indicated that this is dealt with by the Scottish Prison Service, but we still have concerns about the number of individuals seeking to acquire a GRC—a number that will possibly increase tenfold. I am sympathetic to Mr MacGregor’s comment that Pam Duncan-Glancy’s amendment might address this, but we will have to see how the cabinet secretary responds to that. If that is not the case, we could possibly have a discussion and work together to seek to address the concerns that Fulton MacGregor and I both have.

Amendment 21, by agreement, withdrawn.

Section 14—Offences

Amendments 22 and 99 not moved.

Amendments 72 and 73 moved—[Shona Robison ]—and agreed to.