Meeting of the Parliament [Draft]

Meeting date: Tuesday, January 31, 2023

Official Report 1122KB pdf

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Business Motion

The next item of business is consideration of business motion S6M-07734, in the name of George Adam, on behalf of the Parliamentary Bureau, setting out changes to this week’s business.

Motion moved,

That the Parliament agrees to the following revisions to the programme of business

for—

(a) Tuesday 31 January 2023—

after

followed by Topical Questions (if selected)

insert

followed by Ministerial Statement: Update on the Management of Transgender Individuals within Prison Custody

(b) Thursday 2 February 2023—

after

5.00 pm Decision Time

insert

followed by Members’ Business—[George Adam]

14:04  

I begin by expressing my disappointment at Nicola Sturgeon’s refusal to be here today. She presided over gender self-identification in Scotland’s prisons. She invalidated women’s concerns about single-sex spaces being compromised. She created the obscene situation in which a double rapist was sent inside a women’s prison. She should be here to answer questions about a mess that is entirely of her own making.

Nicola Sturgeon has now called some opponents transphobes, homophobes, misogynists and even racists. We all know what her game is. That smear is a despicable attempt to divert attention from a double rapist in a women’s prison, so let us talk about that.

How could that happen in our country? There is evidence that it was the inevitable result of Scottish National Party policy. There is also evidence that prisons were treated as a form of testing ground for gender self-ID across society, in hospitals, toilets and changing rooms. The most vulnerable and voiceless women are told to believe that a male-bodied inmate in their prison is a woman. This week, one female prisoner said that she was threatened with disciplinary action if she did not go along with that charade. That is shocking and shameful. A prison officer told me about being ordered to address a male-bodied paedophile as “she”. He describes that as “ridiculous”.

The SNP says that the scandal has no bearing on its flawed Gender Recognition Reform (Scotland) Bill. However, if that bill is enacted, it will make it even easier for rapists and other male sex offenders to be recognised as women and to be treated accordingly. That would be enshrined in law, no matter the harm that it would cause women.

During the passage of the bill, I tried to prevent sex offenders from being able to exploit self-ID. One of my amendments, which I lodged jointly with Michelle Thomson, would have prevented anyone who was charged with rape from being able to seek a gender recognition certificate. Right here, six weeks ago today, I said:

“The primary purpose is to prevent an alleged rapist ... from declaring that he is female.”

I said that such a scenario might sound

“absurd, ludicrous and unimaginable”.—[Official Report, 20 December 2022; c 80.]

However, here we are. The unimaginable has actually happened.

It has taken the scandal of a double rapist in Cornton Vale to ignite public awareness, public incredulity and public anger. Campaigners who have spent many long years warning and pleading with Nicola Sturgeon have been vindicated. It is now clear to everybody that the real reason why the rapist was removed was not the threat to female prisoners but the threat to the SNP Government.

Keith Brown defended the indefensible before he was thrown under the bus by Nicola Sturgeon. How can we have any confidence in anything that he says here today when it could be trashed in 24 hours? No wonder SNP members are so deathly silent. They know that that is true.

I move amendment S6M-07734.1, to leave out “Ministerial Statement” and insert:

“First Minister’s Statement”.

I call George Adam to respond on behalf of the Parliamentary Bureau.

14:08  

As I mentioned earlier today at the meeting of the Parliamentary Bureau—which Alexander Burnett, the Tory business manager, attended—the Cabinet Secretary for Justice and Veterans, Keith Brown, will make the statement today, as is the normal way of parliamentary business. Mr Brown will answer questions on the issue in the normal manner.

The first question is, that amendment S6M-07734.1, in the name of Russell Findlay, which seeks to amend business motion S6M-07734, in the name of George Adam, on behalf of the Parliamentary Bureau, setting out changes to this week’s business, be agreed to. Are we agreed?

Members: No.

There will be a division.

There will be a short pause to allow members to access the digital voting system.

14:08 Meeting suspended.  

14:13 On resuming—  

We move to the vote on amendment S6M-07734.1, in the name of Russell Findlay. Members should cast their votes now.

For

Baillie, Jackie (Dumbarton) (Lab)
Baker, Claire (Mid Scotland and Fife) (Lab)
Balfour, Jeremy (Lothian) (Con)
Bibby, Neil (West Scotland) (Lab)
Boyack, Sarah (Lothian) (Lab)
Briggs, Miles (Lothian) (Con)
Burnett, Alexander (Aberdeenshire West) (Con)
Cameron, Donald (Highlands and Islands) (Con)
Carlaw, Jackson (Eastwood) (Con)
Carson, Finlay (Galloway and West Dumfries) (Con)
Choudhury, Foysol (Lothian) (Lab)
Clark, Katy (West Scotland) (Lab)
Cole-Hamilton, Alex (Edinburgh Western) (LD)
Dowey, Sharon (South Scotland) (Con)
Duncan-Glancy, Pam (Glasgow) (Lab)
Findlay, Russell (West Scotland) (Con)
Fraser, Murdo (Mid Scotland and Fife) (Con)
Gallacher, Meghan (Central Scotland) (Con)
Golden, Maurice (North East Scotland) (Con)
Gosal, Pam (West Scotland) (Con)
Grant, Rhoda (Highlands and Islands) (Lab)
Greene, Jamie (West Scotland) (Con)
Griffin, Mark (Central Scotland) (Lab)
Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con)
Hoy, Craig (South Scotland) (Con)
Johnson, Daniel (Edinburgh Southern) (Lab)
Halcro Johnston, Jamie (Highlands and Islands) (Con)
Kerr, Liam (North East Scotland) (Con)
Kerr, Stephen (Central Scotland) (Con)
Lennon, Monica (Central Scotland) (Lab)
Leonard, Richard (Central Scotland) (Lab)
Lumsden, Douglas (North East Scotland) (Con)
Marra, Michael (North East Scotland) (Lab)
McArthur, Liam (Orkney Islands) (LD)
McCall, Roz (Mid Scotland and Fife) (Con)
McNeill, Pauline (Glasgow) (Lab)
Mochan, Carol (South Scotland) (Lab)
Mundell, Oliver (Dumfriesshire) (Con)
O’Kane, Paul (West Scotland) (Lab)
Rennie, Willie (North East Fife) (LD)
Ross, Douglas (Highlands and Islands) (Con)
Smith, Liz (Mid Scotland and Fife) (Con)
Smyth, Colin (South Scotland) (Lab)
Stewart, Alexander (Mid Scotland and Fife) (Con)
Sweeney, Paul (Glasgow) (Lab)
Villalba, Mercedes (North East Scotland) (Lab)
Webber, Sue (Lothian) (Con)
Wells, Annie (Glasgow) (Con)
White, Tess (North East Scotland) (Con)
Whitfield, Martin (South Scotland) (Lab)
Whittle, Brian (South Scotland) (Con)

Against

Adam, George (Paisley) (SNP)
Adam, Karen (Banffshire and Buchan Coast) (SNP)
Adamson, Clare (Motherwell and Wishaw) (SNP)
Allan, Alasdair (Na h-Eileanan an Iar) (SNP)
Arthur, Tom (Renfrewshire South) (SNP)
Beattie, Colin (Midlothian North and Musselburgh) (SNP)
Brown, Keith (Clackmannanshire and Dunblane) (SNP)
Brown, Siobhian (Ayr) (SNP)
Burgess, Ariane (Highlands and Islands) (Green)
Callaghan, Stephanie (Uddingston and Bellshill) (SNP)
Chapman, Maggie (North East Scotland) (Green)
Coffey, Willie (Kilmarnock and Irvine Valley) (SNP)
Constance, Angela (Almond Valley) (SNP)
Dey, Graeme (Angus South) (SNP)
Don, Natalie (Renfrewshire North and West) (SNP)
Doris, Bob (Glasgow Maryhill and Springburn) (SNP)
Dornan, James (Glasgow Cathcart) (SNP)
Dunbar, Jackie (Aberdeen Donside) (SNP)
Ewing, Annabelle (Cowdenbeath) (SNP)
Ewing, Fergus (Inverness and Nairn) (SNP)
Fairlie, Jim (Perthshire South and Kinross-shire) (SNP)
FitzPatrick, Joe (Dundee City West) (SNP)
Gibson, Kenneth (Cunninghame North) (SNP)
Gilruth, Jenny (Mid Fife and Glenrothes) (SNP)
Gougeon, Mairi (Angus North and Mearns) (SNP)
Grahame, Christine (Midlothian South, Tweeddale and Lauderdale) (SNP)
Gray, Neil (Airdrie and Shotts) (SNP)
Greer, Ross (West Scotland) (Green)
Harper, Emma (South Scotland) (SNP)
Harvie, Patrick (Glasgow) (Green)
Haughey, Clare (Rutherglen) (SNP)
Hepburn, Jamie (Cumbernauld and Kilsyth) (SNP)
Hyslop, Fiona (Linlithgow) (SNP)
Kidd, Bill (Glasgow Anniesland) (SNP)
Lochhead, Richard (Moray) (SNP)
MacDonald, Gordon (Edinburgh Pentlands) (SNP)
MacGregor, Fulton (Coatbridge and Chryston) (SNP)
Mackay, Gillian (Central Scotland) (Green)
Mackay, Rona (Strathkelvin and Bearsden) (SNP)
Macpherson, Ben (Edinburgh Northern and Leith) (SNP)
Maguire, Ruth (Cunninghame South) (SNP)
Martin, Gillian (Aberdeenshire East) (SNP)
Mason, John (Glasgow Shettleston) (SNP)
Matheson, Michael (Falkirk West) (SNP)
McAllan, Màiri (Clydesdale) (SNP)
McKee, Ivan (Glasgow Provan) (SNP)
McKelvie, Christina (Hamilton, Larkhall and Stonehouse) (SNP)
McLennan, Paul (East Lothian) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Minto, Jenni (Argyll and Bute) (SNP)
Nicoll, Audrey (Aberdeen South and North Kincardine) (SNP)
Regan, Ash (Edinburgh Eastern) (SNP)
Robison, Shona (Dundee City East) (SNP)
Roddick, Emma (Highlands and Islands) (SNP)
Ruskell, Mark (Mid Scotland and Fife) (Green)
Slater, Lorna (Lothian) (Green)
Somerville, Shirley-Anne (Dunfermline) (SNP)
Stevenson, Collette (East Kilbride) (SNP)
Stewart, Kaukab (Glasgow Kelvin) (SNP)
Stewart, Kevin (Aberdeen Central) (SNP)
Swinney, John (Perthshire North) (SNP)
Thomson, Michelle (Falkirk East) (SNP)
Todd, Maree (Caithness, Sutherland and Ross) (SNP)
Torrance, David (Kirkcaldy) (SNP)
Tweed, Evelyn (Stirling) (SNP)
Whitham, Elena (Carrick, Cumnock and Doon Valley) (SNP)
Yousaf, Humza (Glasgow Pollok) (SNP)

The result of the division is: For 51, Against 67, Abstentions 0.

Amendment disagreed to.

The next question is, that motion S6M-07734, in the name of George Adam, on behalf of the Parliamentary Bureau, setting out changes to this week’s business, be agreed to.

Motion agreed to,

That the Parliament agrees to the following revisions to the programme of business for—

(a) Tuesday 31 January 2023—

after

followed by Topical Questions (if selected)

insert

followed by Ministerial Statement: Update on the Management of Transgender Individuals within Prison Custody

(b) Thursday 2 February 2023—

after

5.00 pm Decision Time

insert

followed by Members’ Business