Chamber and committees

Scottish Government is represented on the National Qualifications Group, and Scottish Ministers and officials were kept informed of the decision, and the rationale behind it, through regular meetings with SQA. I last discussed this with SQA when I met with the Chief Executive on 19 April.

SQA took this decision following engagement with the National Qualifications Group and wider education community, informed by extensive feedback gathered as part of their evaluation of the 2022 arrangements. All other parts of the UK have already returned to full course requirements.

The Scottish Government and sport scotland believe that sport is for everyone. An ongoing priority for the Scottish Government is to support participation across all groups and tackle inequalities in participation. Sports are incredibly diverse, so Governing Bodies and Federations need to consider inclusion, fairness and safety to determine appropriate options for their sport.

Scottish Athletics are working with UK Athletics and the other home countries to develop a Transgender Eligibility Policy for athletics across the UK. At present, there are no transgender athletes competing at the elite/performance level within Scotland or as part of Scottish Athletics performance squads.

The World Athletics policy applies to any events that are registered as World Ranking Competitions, where the licence for the competition or event is granted by UK Athletics or a Home Country Athletics Federation. This includes the Scottish Athletics National Championships.

During the transitional phase across athletics in the UK, the World Athletics policy applies to all licensed events. In Scotland, the World Athletics Transgender Regulations and World Athletics Eligibility Regulations for the Female Classification (Athletes With Differences of Sex Development) will not apply to local school events other than Home Country National School Championships and those events where athletes can qualify for Home Country National School Championships.

All Scottish Government buildings offer gender-specific toilet facilities as well as accessible facilities which are gender-neutral. Five buildings also offer gender-neutral facilities in addition to gender-specific facilities.

The Scottish Government are not currently considering any plans to introduce a domestic abuse register but remain open minded to consider any proposals that further our commitment to do more for victims of domestic abuse.

It is imperative that all institutions support victims of sexual assault, and that victims feel comfortable in reporting incidents to their institutions and to the Police.

The Scottish Government has received assurances from the Principal of the University of Edinburgh that it is committed to tackling gender-based violence, and that it would not discourage a student from making a report to the Police. Further discussions with the institution are planned.

We have no plans to introduce such a requirement. It is a matter for those relevant public bodies collecting information on sex to establish the best approach in their individual institutional settings. In the case of those committing crime, this approach will rightly be shaped by how Police Scotland, the Crown Office and Procurator Fiscal Service and Scottish Courts and Tribunals Service operationalise both the wider legal context (where for example an arrested person is not legally required to answer questions on their sex or gender) and any associated guidance on collecting data about sex and gender.

The information Police Scotland record on the sex of people, which flows through to partners as any criminal proceedings are taken forward, has no impact on how cases are investigated or prosecuted. It will be based on how people present, unless an alternative gender is disclosed. In respect of the offences of rape and attempted rape, the law requires that there is penetration or attempted penetration of the complainer’s mouth, vagina or anus by the perpetrator’s penis, which includes a surgically constructed penis.

The Equally Safe in Colleges and Universities Core Leadership Group, which I chair, has established a short-life working group to consider institutional enrolment and safeguarding processes, including with regard to students subject to criminal proceedings.

The short-life working group includes representatives from Police Scotland, Universities Scotland, Colleges Scotland, Rape Crisis Scotland and Emily Test.

The Scottish Government will continue to work at pace with stakeholders on this issue.

The Scottish Government is committed to increasing the participation of people from BAME backgrounds in politics. In 2016 the Scottish Government published the Race equality framework for Scotland 2016-2030. One of its aims is to ensure minority ethnic participation and representation is effective, fair, proportionate, and valued at all levels of political, community and public life.

This ambition is also reflected in the commitment in the Bute House Agreement to encourage more people to register to vote, to stand as candidates and to remove barriers some people experience so they can vote independently.

The Scottish Government funds a post based in CoSLA until March 2024, to support the work of the Cross-Party Barriers to Elected Office Special Interest Group. The group involves elected members from each of COSLA’s Political Groups, and seeks to identify changes in culture and practices, and support our ambition to deliver greater equality and diversity within local democracy.

We recognise that pay may be a barrier to some people standing to become a councillor. The Scottish Government and COSLA have jointly committed to undertake an independent review of Councillor remuneration. The inaugural meeting of the Scottish Local Authorities Remuneration Committee (SLARC) was held in April 2023. A report with recommendations for Ministers will be published at the end of November 2023.

The difficulty of getting reliable data on the participation of under-represented groups, including people from BAME backgrounds, is an issue that stakeholders raised during the electoral reform consultation in 2018. In response, the Scottish Government worked closely with a range of stakeholders, including the Electoral Management Board for Scotland, the Electoral Commission, COSLA and the Improvement Service to run a candidate survey for the 2022 Local Government elections.

The Local Government candidate diversity survey suggests that among those who responded (28% of candidates responded, which is lower than we would want but represents a typical response rate for this kind of survey), 6.7% of candidates in 2022 identified as “Asian” or “All other ethnic groups” (rather than “White” or “Prefer not to say”). For those who went on to be elected the figure was 4.0%. We are looking at ways to improve the collection of data in the future as the voluntary approach clearly has its limitations. This survey does however confirm the view that people with BAME backgrounds are under-represented in local government.

Clearly work remains to be done to encourage more people from BAME backgrounds to take part in politics. We are open to ideas to ensure that all members of society have the opportunity to participate in politics and to become elected representatives.

The Scottish Government is committed to achieving fair and equal political representation in the Parliament and local government. Since the 2021 Parliamentary Election, women account for 45% of MSPs, with two women of minority ethnic background for the first time in history. This is the highest percentage of women MSPs since the Scottish Parliament was re-convened in 1999. At a local level, women account for 35% of councillors, the highest percentage of women councillors to date.

In their first report in 2018, the National Advisory Council on Women and Girls (NACWG) recommended the introduction of gender quotas into legislation to address the lack of gender parity. The Scottish Government accepted the recommendation. Although this is currently out with the competence of the Scottish Parliament, Scottish Ministers will continue to call on the UK Government to introduce gender quotas themselves or give Scotland the power to do so. A scoping review of international practice in relation to candidate quotas has been prepared and will be published on the Scottish Government website in 2023.

To mitigate the lack of devolved powers, the Scottish Government will continue to support non-legislative actions to increase women’s representation.

Through our Equality and Human Rights Fund (2021 – 2024), we fund several projects designed to support women through their political journeys. We are providing £305,888 over three years to Elect-Her, who work to support and equip women to stand for political office, through hands-on workshop and peer-support circles. 57 women were supported by Elect-Her in the 2022 Scottish Local Authority Elections, with 27 women winning their elections. We are also supporting the Young Women Lead Programme, which provides a safe space for up to 100 young women under 30 to explore gender equality and develop new and innovative ways to lead change.

We know from existing research that targeted work with political parties is essential if we want to dismantle the barriers that women face in politics. The Scottish Government provides £82,798.94 to Engender to progress the Equal Representation project. The project post works with political parties to increase the representation of diverse women and to progress a second phase of work with the Equal Representation Coalition. The Coalition developed a toolkit for political parties to assess their diversity and policies around inclusion. Parties receive an individualised action plan to improve the participation of under-represented groups.

The Scottish Government funds a post based in CoSLA until March 2024, to support the work of the Cross-Party Barriers to Elected Office Special Interest Group. The group involves elected members from each of COSLA’s Political Groups, and seeks to identify changes in culture and practices, and support our ambition to deliver greater equality and diversity within local democracy.

We recognise that councillor pay may be a barrier to people standing to become a councillor. The Scottish Government and COSLA have jointly committed to undertake an independent review of Councillor remuneration. The inaugural meeting of the Scottish Local Authorities Remuneration Committee (SLARC) was held in April 2023. A report with recommendations for Ministers will be published at the end of November 2023.

The Scottish Government has worked with stakeholders to improve the availability of data on the diversity of election candidates and elected representatives in Scotland. We conducted a survey on diversity in political representation at the 2022 local council elections which will help inform next steps around the diversity agenda. The Local Government Candidates Survey 2022 was published in November 2022.

The survey suggests that of those who responded (around 28% of candidates in the elections), 40% identified as female. This figure is lower than the National Records of Scotland data for the entire Scottish population, which records 52% of the population identifying as female. A significantly higher proportion of candidates identified as male in the 18-24, 25-35 and 65+ ranges compared to the overall Scottish population for those age groups. In contrast, the age groups between 35 and 64 showed much less notable gender imbalance, both with regards to those who were successful at election and those that were unsuccessful, as compared to the overall population.

In total, 57% of successfully elected candidates who responded to the survey identified as male, and 42% as female. 60% of unsuccessful candidates identified as male, and 38% female. The survey data suggests that those identifying as female made up a higher percentage of elected candidate respondents with a limiting condition (54%). Note that these are not the figures for all candidates in 2022, only those who responded to the survey.

The proportion of female local government candidates rose by only four percentage points between 1999 and the 2017 local government elections, from 26.8% to 30.5%.