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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 2 August 2025
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Displaying 854 contributions

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Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights

Meeting date: 6 May 2025

Tess White

Okay—thank you.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Meeting date: 29 April 2025

Tess White

Maybe that is something that the committee could help with.

Equalities, Human Rights and Civil Justice Committee [Draft]

Motion to Remove a Member of the Committee

Meeting date: 29 April 2025

Tess White

I have heard what members have said, and I thank Paul O’Kane for his words and for actually stating that we do have a solemn duty to respect the rule of law.

To go back to what Marie McNair MSP said, I respectfully disagree. We can represent the voices of our constituents, but to do so in the manner that Ms Chapman has done, and to weaponise language like that and make it a direct attack, sets a dangerous precedent that says that parliamentarians can act in one way in the committee and in the chamber but that the rules do not apply when we are in our constituency and being the voices of our constituents. I would push back and ask, is that the Scottish National Party position? I would ask the SNP to reconsider that, because it is setting a dangerous precedent.

I would like to make one point of substance, and then I will sum up. There are protections under the Equality Act 2010 for the protected characteristic of gender reassignment—I think that it is very important to say that.

Maggie Chapman, in her remarks this morning, did not engage at all with the statutory duties of an MSP, or with the premise that, as deputy convener of the committee, she has responsibilities under the 2008 act, in particular as the committee oversees civil justice matters.

I say to the convener and the committee that, this morning, we have seen absolutely not a jot of self-awareness. There is no self-reflection at all, which in itself is dangerous. This is not about freedom of expression; it is about the words that Maggie Chapman used to attack the Supreme Court. She has weaponised language and the verdict, rather than engaging with the substance of the verdict. No one is questioning her right to critique, but she has violated very important boundaries and disregarded the rule of law.

The Supreme Court was clear that trans people are protected under the Equality Act 2010, but today we have heard no apology from Maggie Chapman, and no remorse. Therefore, I urge the committee to support my motion, which says that her position on the committee remains untenable.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Meeting date: 29 April 2025

Tess White

Will you be requesting a meeting with the Scottish Government to progress that?

Equalities, Human Rights and Civil Justice Committee [Draft]

Motion to Remove a Member of the Committee

Meeting date: 29 April 2025

Tess White

I would like to ask Maggie Chapman, one final time before I move to close, whether she is going to apologise.

Equalities, Human Rights and Civil Justice Committee [Draft]

Motion to Remove a Member of the Committee

Meeting date: 29 April 2025

Tess White

Thank you, convener. May I give Maggie Chapman one final opportunity to show remorse and apologise for the accusations that she made?

Equalities, Human Rights and Civil Justice Committee [Draft]

Motion to Remove a Member of the Committee

Meeting date: 29 April 2025

Tess White

My motion, under rule 6.3 of standing orders, calls for the Equalities, Human Rights and Civil Justice Committee to recommend that the Parliament removes Maggie Chapman from office as a member of the committee. It follows Maggie Chapman’s public comments in Aberdeen on 20 April 2025 relating to the Supreme Court judgment in For Women Scotland Ltd v the Scottish Ministers. She said:

“We say not in our name to the bigotry, prejudice and hatred that we see coming from the Supreme Court and from so many of our institutions”.

She added:

“Not in our name, never in our name.”

Her outburst was shocking and was a totally unjustified attack on the rule of law. Her comments about the Supreme Court were not just rabble-rousing; they were dangerous and incendiary.

Maggie Chapman has been deputy convener of this committee since June 2021. Our remit as a committee includes civil justice. She is not a private individual; she is a legislator, and, as deputy convener of the committee, there is a high bar for her conduct. Words matter. Tone matters. There must be boundaries around behaviour and rhetoric.

Section 1 of the Judiciary and Courts (Scotland) Act 2008 is clear: members of the Scottish Parliament must uphold the continued independence of the judiciary. The Faculty of Advocates has written to the committee. It not only restates that legal imperative but highlights the

“risk of danger to the Members of the Court”

created by Maggie Chapman’s comments.

The faculty was unequivocal in its criticism of Ms Chapman. Its correspondence to the committee said that her comments were

“beyond the pale”

and that her behaviour was

“irresponsible and reprehensible”.

It added that her comments fail

“to respect the Rule of Law”

and

“constitute an egregious breach of Ms Chapman’s duties to uphold the continued independence of the judiciary”.

It is worth noting that the correspondence came from the office-bearers of the Faculty of Advocates, including Ruth Crawford KC, treasurer of the faculty, who acted for the Scottish Government in the case in question.

The faculty called on Maggie Chapman to apologise, but no apology has been forthcoming. Instead, Ms Chapman has doubled down on her remarks and refused to reflect on her position. She is devoid of remorse. Given that she has done so, her position as deputy convener and member of this committee is clearly untenable.

Let me be clear that the Supreme Court’s ruling on 16 April was about correctly interpreting the law as it stands. Page 2 of the judgment states as much. The Supreme Court was not making policy but answering a question about statutory interpretation.

As legal academic Scott Wortley, at the University of Edinburgh, said:

“judgments can be legitimately subjected to criticism.”

No one is saying that the committee cannot disagree with a legal outcome or point to the potential consequences of that outcome. However, Scott Wortley adds:

“any legitimate criticism should be made while respecting the independence of the judiciary and the importance of upholding the rule of law.”

Maggie Chapman’s emotive remarks did not pass that test. The judiciary cannot defend itself publicly. However, she used words such as “prejudice” and “hatred”, which suggests animus on the part of the Supreme Court judges. In doing so, she attacked the judges’ perceived motivations rather than critiquing the substance of the ruling. That is why her comments are so deeply disturbing and why Maggie Chapman has failed to discharge her duties as deputy convener of the Equalities, Human Rights and Civil Justice Committee.

Words matter, especially when they are weaponised. Rather than take the heat out of the situation, Maggie Chapman doused it in petrol. As a committee that deals with civil justice, we now have a deputy convener who has publicly claimed that Scotland’s apex court is bigoted and prejudiced. How can anyone working in the civil justice system have confidence in the committee following her remarks?

The Scottish National Party First Minister has said that Maggie Chapman’s comments were wrong. The Scottish Labour leader has said:

“when we get into the place of attacking the judiciary ... I think that takes us down a very, very dangerous route.”

MSPs of all persuasions have a duty to respect the rule of law, no matter what they feel about a particular verdict. Think of the precedent that will be set if Maggie Chapman’s comments go without challenge or consequence.

I urge my fellow MSPs to do the right thing today and back my call to recommend that Maggie Chapman be removed from her position as a member and the deputy convener of the committee.

I move,

That the Equalities, Human Rights and Civil Justice Committee recommends that the Parliament remove Maggie Chapman MSP from office as a member of the Committee.

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Meeting date: 29 April 2025

Tess White

You have requested meetings. Have they replied yet?

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Meeting date: 29 April 2025

Tess White

My first question is for Ms Mulvagh. CESCR called for improved mental health services. How does your organisation view Scotland’s progress on that front?

Equalities, Human Rights and Civil Justice Committee [Draft]

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Meeting date: 29 April 2025

Tess White

You said that the summer is the opportunity for the Scottish Government to look at rural proofing and the direction of travel. Is the strategy for a sustainable food programme something that you would like to see placed fairly and squarely at the feet of the Scottish Government?