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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 3 July 2025
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Displaying 1957 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

We are all looking at different aspects in this group of amendments. What if the cabinet secretary were to advise that the Government could lodge a catch-all amendment that brought together all these elements with regard to data collection and the reviewing of this particular reform?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

Cabinet secretary, will you please accept that obtaining a GRC through a self-identification process will somewhat change the section 22 privacy protections, because it will be made available to a wider and more diverse group? That probably brings us back to Pam Duncan-Glancy’s amendments and the legal challenges that would come because of them.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

On that basis, would you consider defining “living in an acquired gender”?

09:30  

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

Thank you, convener. I am really grateful to be let in.

I want to go back to the points that Pauline McNeill and I made earlier. Cabinet secretary, are you able to set out for the committee the content of the argument that the Scottish Government made in court two weeks ago? What did you go to court to argue? I am sure that you are not protected by legal constraints on that.

My other question relates to the concerns expressed by Brian Whittle and others about the interaction of the GRC with the Equality Act 2010. Does the Scottish Government think that women’s rights to manage their boundaries around the opposite sex matter?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

I understand that—that is already covered in the protections.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

That is with regards to gender representation on public boards, which is a devolved matter. What is the EHRC’s view on other aspects that are reserved?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

The point is—

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 22 November 2022

Rachael Hamilton

Thank you for letting me in, cabinet secretary. My question relates to Pam Duncan-Glancy’s amendment 146. The Scottish Conservatives are sympathetic to it, and I think that Pam Duncan-Glancy will have carefully considered its drafting. Therefore, I would like clarity about what data is not currently collected and what could potentially be collected very simply.

Subsection (2)(f) of the new section proposed by amendment 146 asks for information on legal challenges. That is important, because we know that there is confusion around the privacy provisions in section 22 of the 2004 act. It is important that the Government makes good legislation so that it understands the impact of legal challenges.

I am not sure whether Pam Duncan-Glancy will move her amendment, cabinet secretary, but is there any possibility of your having a wider conversation with us about what can and cannot be done under its terms?

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill

Meeting date: 16 November 2022

Rachael Hamilton

What activities can you list that people use rough shooting as a cover for, as you have just suggested?

Rural Affairs, Islands and Natural Environment Committee

Hunting with Dogs (Scotland) Bill

Meeting date: 16 November 2022

Rachael Hamilton

What are the similarities between trail hunting and rough shooting?