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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 15 August 2025
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Displaying 3543 contributions

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Criminal Justice Committee [Draft]

Misogyny and Criminal Justice in Scotland Working Group: Final Report

Meeting date: 27 April 2022

Audrey Nicoll

Good morning, and welcome to the 15th meeting in 2022 of the Criminal Justice Committee. We have not received any apologies this morning.

Our main item of business is an evidence session on the final report of the misogyny and criminal justice in Scotland working group. I refer members to papers 1 and 2. It is my real pleasure to welcome to our meeting Baroness Helena Kennedy QC, chair of the misogyny and criminal justice in Scotland working group; and Mr Bill Brash, misogyny working group team leader with the Scottish Government. I invite Baroness Kennedy to make some brief opening remarks.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 27 April 2022

Audrey Nicoll

I see that no one else has any comments. Presumably, we will come back next week to reconsider the matter.

Criminal Justice Committee [Draft]

Misogyny and Criminal Justice in Scotland Working Group: Final Report

Meeting date: 27 April 2022

Audrey Nicoll

Pauline McNeill has a follow-up question and then I will bring in Fulton MacGregor.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 27 April 2022

Audrey Nicoll

Thank you for raising that issue. We can include that in our correspondence to the Scottish Government.

That concludes the public part of our meeting.

10:52 Meeting continued in private until 13:32.  

Criminal Justice Committee [Draft]

Misogyny and Criminal Justice in Scotland Working Group: Final Report

Meeting date: 27 April 2022

Audrey Nicoll

Thank you very much, Baroness Kennedy. That is a helpful overview, and it leads us neatly on to questions. I would like to start off by asking you a question about the legislation that you propose in your report. You recommend the creation of a statutory aggravation of misogyny that operates separately from hate crime legislation. I am interested in your view on the aggravating factor working and in why misogyny should not be dealt with as a type of hate crime.

Criminal Justice Committee [Draft]

Misogyny and Criminal Justice in Scotland Working Group: Final Report

Meeting date: 27 April 2022

Audrey Nicoll

We have a number of questions to get through, so I ask for questions and answers that are as brief as possible.

Criminal Justice Committee [Draft]

Misogyny and Criminal Justice in Scotland Working Group: Final Report

Meeting date: 27 April 2022

Audrey Nicoll

You mentioned domestic abuse and the aggravation that applies in that type of crime, but, interestingly, you say in your report that the aggravation that you are proposing should not apply to rape, sexual offences, domestic abuse and so on. That might appear to some as being at odds with the spirit of what you are proposing. The rationale for your position is partly that those offences and crimes are already “imbued with misogyny” to a certain extent. Is there a possibility of some confusion in that respect? How do we articulate this particular position?

Criminal Justice Committee [Draft]

Misogyny and Criminal Justice in Scotland Working Group: Final Report

Meeting date: 27 April 2022

Audrey Nicoll

Katy Clark, did you want to come in on this topic?

Criminal Justice Committee [Draft]

Misogyny and Criminal Justice in Scotland Working Group: Final Report

Meeting date: 27 April 2022

Audrey Nicoll

In that case I will bring in Fulton MacGregor, who has been waiting patiently.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 27 April 2022

Audrey Nicoll

I take your points. The best suggestion that I can make is that we follow up your queries in writing with the Scottish Government. Do members agree to do that?

Members indicated agreement.