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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 4 May 2021
  6. Current session: 13 May 2021 to 16 September 2025
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Displaying 3461 contributions

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Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 19 April 2023

Jackson Carlaw

Agenda item 2 is consideration of new petitions. As I always do for the benefit of those who might be following our proceedings, I want first of all to indicate that we take soundings in relation to petitions and seek, in particular, an initial view from the Scottish Government and the Parliament’s impartial research service to ensure that, even at the start of our consideration, we have some informed opinion.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 April 2023

Jackson Carlaw

I would very much like the letter to be framed in the context of the evidence that we heard during the session, in particular, because I would like Police Scotland to be aware that we heard quite harrowing testimony that we found compelling and that is what underpins our questions. We are not just asking them because we feel that we should ask something; we are asking them because we really feel motivated to do so, given the experience that we heard about from Stephanie Bonner. Are we agreed?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 April 2023

Jackson Carlaw

In what way is the office of the Children and Young People’s Commissioner able to directly intervene in the way that the issue is progressed or understood?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 April 2023

Jackson Carlaw

I call Fergus Ewing.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 19 April 2023

Jackson Carlaw

Megan, will you take the lead on that question?

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 22 March 2023

Jackson Carlaw

The petition raises important issues. We will write to the minister and to the Scottish Social Services Council, as suggested, and consider the petition again when we consider the responses that we have received from them.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 22 March 2023

Jackson Carlaw

I am very concerned that I have now planted the word “capture” in your vocabulary, Mr Stewart. You are now capturing everything in every petition. I encourage you not to be led down such a dangerous path, but I fully support the sentiments.

That round-table discussion, however, was 14 months ago, and I will tell you what struck me. First of all, this Parliament has a duty to try to ensure that, although the composition of its membership is not youthful, we understand and respond to issues that are of direct concern to many young people, and this clearly is one such issue. In my ignorance, I had assumed that a urine test was probably a fairly routine process, but I was struck by the issue of there being possible reputational damage done to the individual in question, who was thereafter unable to evidence that their drink had been spiked, that was the issue, and that, as a consequence, it was open to others to suggest that they had just been irresponsible or reckless in their behaviour. That was very damaging, and it would be avoidable if processes were in place to try to properly identify the experience that people had been subject to. I think that we are all minded to pursue the petition further and to make inquiries. Mr Ewing suggested contacting Police Scotland, which is perfectly sensible.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 22 March 2023

Jackson Carlaw

Thank you. I note the reference in the briefing that we received to the October 2021 case that was heard in the High Court in respect of the UK Secretary of State for Health, in which an effort to strike down section 1(1)(d) of the 1967 act was dismissed. At that time, the court dismissed the argument that that section of the act perpetuated negative stereotypes of people with disabilities as it focuses more on the rights of the pregnant person and their medical treatment. I found the briefing interesting in presenting different sides of the argument that the petitioner was seeking to represent, which, in itself, was well expressed.

We have heard Carol Mochan’s position. Do other colleagues have any suggestions? It appears not. Carol Mochan proposes that, in this instance, particularly given the Scottish Government’s position that it does not intend to amend the Abortion Act 1967, there is nothing that the committee can meaningfully do to pursue the petition and we should therefore close it. Are we agreed?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 22 March 2023

Jackson Carlaw

I agree. Do we have any other suggestions? As there are none, are we content to keep the petition open and proceed on the basis that Mr Ewing has advocated?

Members indicated agreement.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 22 March 2023

Jackson Carlaw

It might be worth asking Police Scotland to reflect on its previous response, in which it said:

“there are no known cases where a biological male has been charged with the physical crime of rape and has self-identified as a woman.”

That might have been its view at the time, but, as the Parliament knows from subsequent events, it is not a robust basis on which to form a policy judgment. Police Scotland wrote to us in January 2022, so we might want to hear from it further on that, as well as from the board, as Carol Mochan suggested.

Are we content to invite the petitioners to meet the committee when we have received responses to the various further inquiries that we will make? At this stage, are we content to approach the relevant bodies that have been suggested?

Members indicated agreement.