THE Scottish Government has quietly dropped plans to criminalise misogyny and end conversion practices during the current parliamentary session.
In response to a Government question, it was revealed that ministers said there was “insufficient time” for the misogyny legislation to be brought forward, in part due to the implications of the recent Supreme Court ruling on the definition of a woman under the Equality Act 2010.
Jamie Hepburn, Minister for Parliamentary Business, said that any legislation which sought to criminalise misogyny would have to contain “clear and unambiguous provisions in regard to the circumstances in which they apply”.
In a statement on Friday morning, Equalities Minister Kaukab Stewart also revealed that the Scottish Government would drop plans to ban conversion practices for LGBT Scots for the rest of the parliamentary term.
Both pieces of legislation formed part of the Bute House Agreement with the Scottish Greens, which ended in April 2024.
The Greens said the rollback on equality laws was a “shameful” move.
In his response to SNP MSP Rona Mackay’s question in Holyrood, Hepburn (below) said: “The Scottish Government is committed to ensuring people are protected from misogynistic abuse and we had previously committed to the introduction of a Misogyny Bill.
“This is a complex area of policy and law, and it would be necessary that any bill which brought misogyny into criminal law contained clear and unambiguous provisions in regard to the circumstances in which they apply. This would include the implications of the recent Supreme Court judgment.
He added that ministers are “committed to ending conversion practices” and would negotiate with the UK Government over the contents of a UK-wide legislation.
Hepburn said if this is not successful then the SNP would commit to publishing legislation in the first year of the next parliamentary session, after the Holyrood 2026 election.
Equalities minister Stewart confirmed the move in a statement published on Friday morning.
She said: “Scotland remains absolute in our commitment to equality, the rights of the LGBTQI+ community, and ending conversion practices.
“We will continue to work with the UK government on legislation extending to Scotland, that applies across all settings and protects all ages, is trans-inclusive and does not include any exemption for consent.
“However, if we do not make progress through a collaborative approach, the Scottish Government will get on with the job of ending these harmful practices in Scotland and intends to publish its own Bill in year one of the next Parliamentary session.”
On Friday, First Minister John Swinney told journalists that the Scottish Government has to "recognise" the issues arising from the Supreme Court ruling, adding that misogyny is a "curse" on Scottish society.
“So what we can do is take action at an earlier stage, amend the hate crime legislation to ensure the issue of misogyny can be addressed," he said.
Scottish Greens MSP Maggie Chapman, who earlier this week survived a Tory-led bid to remove her from the equalities committee in Holyrood, said: “Dropping these bills sends a worrying message about the government’s commitment to equalities, and a shameful backward step.
“A lot of people have waited far too long for the protections in these bills, and they will be deeply disappointed that they will not be happening as promised.
“Violence against women and girls is a national emergency. The misogyny bill was a vital step in ensuring that reports of harassment and assault are taken seriously.
“LGBTQIA+ people are put at serious risk by cruel, harmful conversion practices that are currently flying under the radar. So-called conversion therapies are deeply immoral and leave lasting damage for survivors. These abusive practices have no place in a modern, progressive Scotland.
Chapman (above) said the Scottish Government should not be “kicking these bills into the long grass”.
“The promises of support and justice tomorrow mean nothing to those being actively harmed by inaction today.
“I urge the Scottish Government to reconsider their shameful decision and make good on their promise to improve equalities and human rights in Scotland through these bills today.”
End Conversion Therapy, a campaign group who have repeatedly called for a ban, said the move was the "latest in a growing list of betrayals for LGBTQ+ Scots" by the Scottish Government.
“Instead queer people need to continue to suffer from these evil practices while we wait for our governments to grow a spine," a spokesperson said.
"Every day in Scotland, vulnerable people are being degraded, punished and in some cases tortured, just because they are LGBTQ+."
Humanist Society Scotland said the move to drop the conversion practices ban was "extremely disappointing".
CEO Fraser Sutherland said: "This appears to be another example of [the] Scottish Government taking the easy option to avoid negative press coverage or confrontation with the forces of religious reaction. But LGBT+ people in Scotland deserve better than to have their human rights sidelined for political reasons. "We need to end conversion practices in Scotland as a matter of urgency. We owe it not only to survivors of this abuse but to all those who remain at risk today."
The misogyny legislation, introduced following a report by Baroness Helena Kennedy, was supposed to be published in Holyrood in 2023/24.
