Tag: Equalities Human Rights and Civil Justice Committee

Strong and positive action needed to ensure that disabled people can realise their rights

The Scottish Government should take strong and positive action to address the barriers that disabled people continue to face in realising their rights, according to a new report from the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee.

The Committee has been considering a Bill proposed by Jeremy Balfour MSP which calls for the creation of a Disability Commissioner. The Commissioner would be expected to promote and safeguard the rights of disabled people.

Following the Parliament’s recent support for a moratorium on creating any new SPCB supported bodies, the Committee has not made recommendations on the principle of creating a Disability Commissioner. Instead, it invites the Parliament to have a full and focused debate on the findings in its report and calls for the Scottish Government to ensure disabled people can realise their rights.

During evidence sessions, disabled people expressed their frustrations at a system that left them feeling desperate, dehumanised and deprioritised. The report explains that these feelings grew following the Scottish Government’s decisions to delay the Learning Disabilities, Autism and Neurodivergence Bill and Human Rights Bill.

While people who gave evidence were generally supportive of the proposal to establish a Disability Commissioner, there were concerns about duplication and overlap with other commissions and commissioners in what was characterised as ‘an already complicated and fragmented landscape’.

However, witnesses representing disabled people pointed to the challenges they faced as evidence that their rights were not the priority of the existing public bodies.

The Committee’s report also identifies the critical importance of the involvement of disabled people in the development of policies related to the lives of disabled people to gain trust and respect.

Karen Adam MSP, Convener of the Equalities, Human Rights and Civil Justice Committee said: “We heard upsetting evidence about the challenges experienced by disabled people and their advocates during this inquiry. Their feedback was clear, disabled people too often feel let down and abandoned by public bodies.

“While we have not made a recommendation on the Bill, we do believe that the Scottish Government must take strong and positive action to address the barriers that disabled people continue to face in realising their rights.

“It is crucial that disabled people and disabled people’s organisations, who frustratedly told us that any trust they had in the current system has been lost, are able to play an active role in the development of the policies and approaches that are required to overcome these barriers.”

Holyrood committee invites views on Disability Commissioner proposal

Should Scotland have a Disability Commissioner? This is what a Holyrood Committee is asking and it now wants to hear from disabled people and those you care, support and live with.

The Disability Commissioner (Scotland) Bill has been introduced by Jeremy Balfour MSP. The Bill would establish a commissioner, who would be expected to promote and safeguard the rights of disabled people.

The Equalities, Human Rights and Civil Justice Committee will be scrutinising the Bill and want to hear views on the proposals in the Bill before it takes public evidence.

In particular, the Committee wants people to share their views on the proposal to establish a commissioner, the powers that the Commissioner would have and the involvement that disabled people should have in the Commissioner’s work.

The consultation, which opened yesterday, will be open until Friday 17 May. 



Karen Adam MSP, Convener of the Equalities, Human Rights and Civil Justice Committee, said: “With approximately one fifth of Scotland’s population defining themselves as disabled, our Committee welcomes any discussion on what can be done to ensure that their voices are heard and their rights are protected.

“Our newly opened consultation will help frame our scrutiny of the proposals in the Bill. What we hear from the public will define our evidence sessions and ultimately be reported back to the Parliament. 

“We’re especially keen to hear what Scotland’s disabled community make of the proposals, which is why we are providing our consultation in a range of formats, including Easy Read and BSL.”

Reform to regulation of legal services backed by Committee majority

Proposals to reform how legal services are regulated in Scotland have been backed by a majority of MSPs on Holyrood’s Equalities, Human Rights and Civil Justice Committee.

The Regulation of Legal Services (Scotland) Bill sets out a modernised regulatory framework, which any firm that provides legal services in Scotland would be subject to. The Bill also reforms how complaints about legal firms are handled.

Evidence presented to the Committee showed that consumer groups, including Consumer Scotland, the Competition and Markets Authority and the Scottish Legal Complaints Commission’s Consumer Panel, broadly welcomed the proposals to modernise the regulatory framework. The groups told the Committee that the changes could address some of the difficulties consumers face in accessing and affording legal services.

However, the Committee also heard criticism of these proposals from the Senators of the College of Justice, Faculty of Advocates and Law Society of Scotland, who told the Committee that the current model of regulation was effective and independent.

The Committee’s report concludes, by majority, that the need to not further delay the reforms, alongside promised amendments to the proposals from the Scottish Government, outweighs the concerns that were raised.

The report calls on the Scottish Government to carry out further work on the Bill, including ensuring that the existence of two categories of regulator does not add to complexity for consumers and requests that the complaints process be further simplified.

The Committee would also like the Scottish Government to support the Scottish Legal Complaints Commission in developing a process so that complaints without merit can be quickly addressed.

Commenting on the findings, Kaukab Stewart, Convener of the Equalities, Human Rights and Civil Justice Committee, said: “During our scrutiny, we heard many strong views, particularly around the proposals to establish an independent regulator of the profession.

“Everyone on the Committee accepts that reform of the regulatory framework is long overdue and accepts that the current complaints process must be simplified.

“However, we are also aware of several significant issues with the Bill which must be resolved to ensure that the independence and efficacy of Scotland’s legal system is not undermined. The Scottish Government has sought to reassure us that it will introduce amendments to resolve these concerns.

“On balance, a majority of the Committee accept these reassurances and recommend that the Parliament should agree to the general principles of the Bill in order that we can review the amendments and not further delay these important reforms.”

Three Committee Members, Meghan Gallagher MSP, Paul O’Kane MSP and Annie Wells MSP, dissented from the report’s recommendation on the general principles of the Bill.

Holyrood Committee to scrutinise amendment to Gender Representation on Public Boards Act

A change to the Gender Representation on Public Boards Act 2018 will be scrutinised by Holyrood’s Equalities, Human Rights and Civil Justice Committee.

The Gender Representation on Public Boards Amendment (Scotland) (Bill) was introduced by the Scottish Government to amend the 2018 Act. The new Bill will remove the definition of “woman” in section 2 the 2018 Act, following a decision of the Court of Session made on 18 February 2023.

The specific definition that this short Bill will remove is: ““woman” includes a person who has the protected characteristic of gender reassignment (within the meaning of section 7 of the Equality Act 2010) if, and only if, the person is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female”.

The change will be scrutinised by the Committee, before it reports its findings to the Parliament as a whole.

The Committee has today opened a call for views to ensure people can share their views on the proposed change.

Kaukab Stewart MSP, Convener of the Equalities, Human Rights and Civil Justice Committee, said: “This Bill aims to make change the Gender Representation on Public Boards act, ensuring that the Parliament’s statute book is in compliance with recent rulings of the Court of Session.

“We want to ensure that the Government’s approach in this Bill does what it intends to do.

“If you have views on the proposal in the Bill, please share them with us in our call for views.”

The call for views is open today, Monday 8 January 2024, and will close on Monday 29 January 2024: 

https://yourviews.parliament.scot/ehrcj/gender-representation-public-boards-bill

Proposal to pardon miners to be explored by Holyrood Committee

A Bill which would pardon miners convicted of offences during the 1984-1985 miners’ strike is to be scrutinised by a Scottish Parliament Committee.

The Equalities, Human Rights and Civil Justice Committee is seeking views from the public, academics and other interested stakeholders on the Miners’ Strike (Pardons) (Scotland) Bill.

If passed, the Bill would automatically pardon those convicted of offences which occurred during the course of a miner’s participation of a picket line, demonstration, or other similar gathering in supporting the strikes or while travelling to or from a picket line or demonstration.

Recognising the strain placed on police and community relationships during the strike, the legislation is an attempt to bring reconciliation between those upholding the law and those who were fighting to protect their jobs, livelihoods and communities.

Committee Convener Joe FitzPatrick MSP said: “Many of those who took part and were convicted for their participation in the miners’ strike have had to live with the consequences and the resulting stigma for decades.

“This Bill seeks to provide some closure to communities across Scotland by pardoning those found guilty of certain offences during those bitter disputes.

“As we launch this inquiry, we want to find out if this legislation is the right approach to achieve reconciliation and right those historical injustices or if there are alternative ways we can reach that goal.

“In seeking views to aid our scrutiny, we particularly want to hear about how far the proposed pardons go and whether they cover the right people and offences.”

The call for views closes on 14 January 2022 and you can share your views here: 

https://yourviews.parliament.scot/ehrc/miners-strike-pardons-bill