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Gender Representation on Public Boards (Scotland) Bill

The Bill creates a target for public boards to have 50% of non-executive members who are women.

This is a Government bill

The Bill became an Act on 9 March 2018

Introduced: the Bill and its documents

Overview

The Bill creates a target for public boards to have 50% of non-executive members who are women. A non-executive member is on a public board but not an employee of the public authority. They don't engage in the day-to-day management of an organisation.

They're involved in:

  • policymaking
  • planning exercises
  • monitoring of the executive directors
  • acting in the interest of the company stakeholders

If a public board has an odd number of non-executive members, the goal applies as if the board had an even number.

If there’s more than one candidate for a vacancy on a public board, there should be a mix of genders. At least one candidate should be a woman and at least one candidate should not be a woman.

Why the Bill was created

The Bill is being introduced to ensure equality of representation of women on public boards.

Statistics showed that women were not represented across decision making bodies. This includes:

  • public sector boards
  • private sector boards
  • political institutions, including the Scottish Parliament and the House of Commons

The most recent census showed that women made up 51.5% of Scotland‘s population in 2011. In January 2018, only 45% of members and 25% of chairs were women. This limits women’s involvement and influence in public life and decision making.

Accompanying Documents

Explanatory Notes (188KB, pdf) posted 15 June 2017

Policy Memorandum (324KB, pdf) posted 15 June 2017

Financial Memorandum (311KB, pdf) posted 15 June 2017

Delegated Powers Memorandum (166KB, pdf) posted 15 June 2017

Statements on legislative competence (108KB, pdf) posted 15 June 2017

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research Briefing on the Gender Representation on Public Boards (Scotland) Bill

The Bill was introduced on 15 June 2017

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Equalities and Human Rights Committee.

Call for views (closed)

The deadline for sharing your views on this Bill has passed.

Read the responses

Who spoke to the lead committee on the BIll

Work by other committees

Delegated Powers and Law Reform Committee


Meetings

Stage 1 Debate and decision

A Stage 1 debate took place on 30 November 2017 to consider and decide on the general principles of the Bill.

  • Motion title: Gender Representation on Public Boards (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Gender Representation on Public Boards (Scotland) Bill.
  • Submitted by: Angela Constance
  • Date lodged: Tuesday, 28 November 2017
  • Motion reference: S5M-09257
  • Current status: Taken in the Chamber on Thursday, 30 November 2017

Result 71 for, 28 against, 0 abstained, 30 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 30 October 2017

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the amendments considered at this meeting held on 21 December 2017:

First Marshalled List of Amendments for Stage 2 (150KB, pdf) posted 19 December 2017

First Groupings of Amendments for Stage 2 (213KB, pdf) posted 19 December 2017

Revised Documents

Revised Explanatory Notes (1MB, pdf) posted 23 December 2017

Supplementary Delegated Powers Memorandum (106KB, pdf) posted 23 December 2017

Work by other committees

Delegated Powers and Law Reform Committee


The Bill ended Stage 2 on 21 December 2017

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments considered at this meeting on 30 January 2018:

First Marshalled List of Amendments for Stage 3 (125KB, pdf) posted 28 January 2018

Timed Groupings of Amendments for Stage 3 (80KB, pdf) posted 28 January 2018

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Gender Representation on Public Boards (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Gender Representation on Public Boards (Scotland) Bill be passed.
  • Submitted by: Angela Constance
  • Date lodged: Monday, 29 January 2018
  • Motion reference: S5M-10159
  • Current status: Taken in the Chamber on Tuesday, 30 January 2018

Result 88 for, 28 against, 0 abstained, 13 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 30 January 2018

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.

The Bill was passed on 30 January 2018 and became an Act on 9 March 2018.

Read the Act

Gender Representation on Public Boards (Scotland) Act 2018