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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 25 February 2026
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Displaying 1017 contributions

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Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

I am obviously not going to mention any particular cases, but there may be instances of a rape suspect self-identifying as a trans woman. Many people—including me, although this is my personal view—might think that that person is frankly at it and is a bad actor. Given that that is happening in—happily—a very few instances, what is your view about how the gender identity of the suspects in those cases should be recorded? It is presumably your view that those are men and should be recorded as male. Is that it?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

I have listened to what you said and I am grateful for the explanation that you have given. Is your concern not so much about the precise or dry technical rules about how sex should be recorded but about the fact that there have, in recent times, been cases of men carrying out rape and self-identifying as women so that, instead of recognising them as men, the state takes a wishy-washy, mealy-mouthed approach and cannot spit out that those people are, in fact, men? Is that really your concern? Rather than the issue of the recording of statistics, is this not more about an ethical or political view that you have? We have to consider where we go and what we do with the petition, if anything.

I do not mean in any way to criticise the view that you take, which I probably share, if I have understood the views that you have expressed this morning, but it seems to me that what you really want is for society to take the very clear approach that a male rapist is a male rapist, that rapists are men and that that is that, and that men who—as you see it—pretend to be women are at it. If that is your view, is that not more a matter of politics than of the recording of statistics? Many members of the public would say that it is pretty obvious that all rapists are men and that we all know that already, and that, if they identify as women, that is a matter of self-identification but does not change their biological sex.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

I guess that the background to that view is the feeling that some individuals might seek to be housed in female prisons. In that sense, the motive for professing female gender is one that most people would regard as bogus. That said, I take the distinction that has been made.

I have just one more question for the witnesses, which is this: what would you like to happen next? You have already said that ethical leadership is what you require from the Government, the police, those who record statistics and so on, but are there any more specific things that you would like to be done in response to your petition?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

And you would like us to find that out.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

Yes.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

Ethical leadership. My understanding is that, at the moment, Police Scotland has the primary responsibility for accurately recording the sex of suspects. What is your view about that? Are you happy with that? Is it your view that you are happy with that but that the police do not carry it out in a way that you regard as displaying that ethical leadership?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

So your concern is not so much who is legally responsible for recording the sex of suspects but the fact that there is an abnegation of responsibility on the part of the Scottish Government. Instead of giving very clear instructions, it gives guidance that is vague—perhaps for political considerations.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 6 December 2023

Fergus Ewing

I am content with that approach. When closing the petition, however, could we draw the Government’s attention to the information that the petitioner provided in the supplementary submission on 13 November, to which you alluded, convener? The petitioner made a strong point that should be made to the Scottish Government specifically so that it can be considered in the consultation. People with a disability cannot go by bus for long distances because, according to the petitioner at least, there are no adequate toilet facilities on various well-known bus company vehicles, which are referred to in the petitioner’s response. The point is that they cannot access public transport because provision is based on people without a disability. Therefore, because trains do not have disabled-friendly toilets, the provision of what they ask for would enable them to travel. At the moment, they cannot travel at all.

I entirely agree that we cannot take the matter much further given that there is a consultation, so that would be a way to deal with it. It is an extremely strong point and a very obvious form of discrimination against people with a disability.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 December 2023

Fergus Ewing

I was astonished by the replies, quite frankly. The starting point for us in our work is to look at what petitioners say and what they complain about. This petitioner says that the parking charges that he and his cohort of community healthcare workers must pay—it is not quite clear whether he is an employee or a volunteer, but maybe I have not read the information properly—have increased to £6 per hour. That means that staff pay £48 for working an eight-hour shift, which, on a five-day week, comes to £11,520 year.

I would have thought that the health minister and NHS Scotland would have commented directly on what the petitioner said, but they have not. Why not? It is absolutely baffling and completely unacceptable. The idea that the Scottish Government can pass the buck to local authorities is completely at odds with what happened in September 2008—the information that I have suggests that, at that time, the Scottish Government announced that car parking charges should be abolished at NHS hospitals.

That directly contradicts what the minister is now saying. I find it absolutely baffling that we would be asked to regard this nonsense as in any way acceptable. We have to strongly rebut the response and write to COSLA and the health minister and ask them to look again. We should ask whether it is the case that groups of health workers have to pay these extortionate charges and, if so, how on earth they can be expected to carry on in their jobs. If that is true, we will be driving people out of that kind of work. COSLA and the minister might question that evidence, which is fine, but surely the petitioner is entitled to a direct response.

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 6 December 2023

Fergus Ewing

It was of concern in the good old days, convener.