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Chamber and committees

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 23 March 2026
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Displaying 1073 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

:Thank you.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

Cabinet secretary, if the instrument passes, it might create a situation in which there are different definitions of sex in different parts of the Hate Crime and Public Order (Scotland) Act 2021 due to the use of the terms “sex” and “biological sex”. Do you agree?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

:Does the Scottish Government have a view on how “sex” should be interpreted in relation to sexual orientation? Would having the provision on sex in the SSI interpreted as referring to biological sex mean that the interpretation of “sex” that is used elsewhere in the 2021 act would become uncertain? Is the Scottish Government saying that “sex”—whether described as “biological sex” or simply “sex” throughout the 2021 act—is to be defined in accordance with the Supreme Court judgment as meaning biological sex?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

:When you gave evidence last year, you were clear that you were relatively restricted in the framing of any subordinate legislation that you introduced, because of the crafting of the original legislation. Did you look at whether it might be possible to use the same terminology on sex throughout the legislation, perhaps not by using the section 12 power but in relation to other consequential powers within it? Is that something that you explored? You will have seen the representations on the issue that a range of organisations have made to the committee and, I am sure, to the Scottish Government. There is a view that the use of different terminology in different parts of the act could mean that there will be different interpretations. Did you explore whether it might be possible to get a consistent definition by using either section 12 or another part of the act?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

:You will have seen the representations that have been made, and you will be very aware of all the arguments. Is it the Scottish Government’s view that the term “sex” in the act will always be interpreted as “biological sex”, in accordance with the Supreme Court judgment?

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Katy Clark

I appreciate that we do not have a huge amount of time.

In broad terms, what proportion of the types of scenarios that we are talking about are non-NHS—that is, scenarios in which the NHS is not the right place—but are scenarios in which the police should still be able to hand over? I am asking that to get an understanding, because so much of the evidence has been about the NHS.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Katy Clark

Thank you.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Katy Clark

I am really asking what you mean and what work you are involved in. I do not want to make a presumption. There is obviously a wide range of other agencies. Perhaps you could talk about some of the work that you are involved in. If you want to talk about the Nook, that would be fine.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Katy Clark

Yes—you have spoken about that.

Criminal Justice Committee [Draft]

Policing and Mental Health

Meeting date: 18 February 2026

Katy Clark

If there is any further information that you want to give us in writing, that would be helpful. I know that we have an issue with time.