Portfolio Question Time – in the Scottish Parliament at on 12 November 2025.
Humza Yousaf
Scottish National Party
To ask the Scottish Government what action it is taking to safeguard the right to peaceful protest. (S6O-05132)
Siobhian Brown
Scottish National Party
The rights to peaceful public assembly and freedom of expression are important rights that the Scottish Government is committed to upholding.
The right to peaceful public assembly allows us to protest, celebrate culture and hold memorials, and it is right that our communities should be able to participate in such activities. The right to protest is important in a democratic society. Existing legislation sufficiently protects those rights. However, protests should be peaceful and should never be used to justify any form of hateful, violent, intimidating or otherwise criminal behaviour. We fully support Police Scotland’s taking appropriate and proportionate action in response to such behaviour.
Humza Yousaf
Scottish National Party
Pensioners, priests and people from all walks of life—many of whom have never been convicted of anything in their lives—have been arrested while peacefully protesting in Scotland. The report of the independent commission on UK counterterrorism law, policy and practice, which was published yesterday, makes it clear that United Kingdom terror Laws have been used far too widely in the case of the proscription of the non-violent protest group Palestine Action. Given the findings of the commission, which is led by pre-eminent figures such as Sir Declan Morgan, Dominic Grieve and Baroness Sayeeda Warsi, will the Minister urge the Home Secretary to immediately overturn that blatant attempt by the UK Government to silence non-violent protest in the face of a genocide—a genocide in which, of course, that Government is complicit?
Siobhian Brown
Scottish National Party
I fully recognise that the proscription of Palestine Action by the UK Government has been criticised by many groups and individuals across society, and that many people across the UK have chosen to show their Opposition to that through protest. However, as the member is aware, this is an area of policy that is reserved to the UK Government, as is the decision to which he refers, and I recognise that the issue is now with the courts. The judicial review is due to take place this month at the High Court in London, and we all want to see what the outcome will be.
Sharon Dowey
Conservative
Retailers and members of the public are telling us that they cannot get a response to 999 calls, even when they are threatened with violence. However, when a women’s rights group tried to peacefully protest, instead of the person who tried to disrupt the protest being removed, we ended up with the ridiculous spectacle of brollygate. Does the Minister accept that, under this Government, police officers are being told to chase down so-called brolly assaulters and record non-criminal hate incidents, instead of focusing on keeping communities safe and upholding the right to peaceful protest?
Siobhian Brown
Scottish National Party
As I have just said, it is an operational issue for Police Scotland. The Scottish Government protects the right to peaceful public assembly and freedom of expression, which are important rights that the Scottish Government is committed to upholding.
Baroness Katy Clark
Labour
Has the Scottish Government had any discussions with the UK Government about the proscription of Palestine Action? Have ministers received any security briefings or made any representations, given the arrests at protests in Scotland?
Siobhian Brown
Scottish National Party
I have not had any discussions with or correspondence from the UK Government. I think that the Cabinet Secretary for Justice and Home Affairs has, and she will be happy to write to the member with regard to that.
Douglas Ross
Conservative
We have seen peaceful protests outside the Parliament building by women’s groups who are urging the Scottish Government to finally respect the Supreme Court judgment. Instead, we get the Scottish Government going to court to argue that biological males should be sent to the female prison estate. In the 24 hours since we tried to get answers from Angela Constance and she refused to give them, has the Government sought any legal advice, or advice from its officials, about what it can say in Parliament, or does it simply not care about updating members and answering their questions?
Annabelle Ewing
Scottish National Party
Please answer in relation to peaceful protest, Minister.
Siobhian Brown
Scottish National Party
I do not know how that relates to peaceful protest, Deputy Presiding Officer, so I will leave it at that.
Douglas Ross
Conservative
On a point of order, Deputy Presiding Officer. In your ruling, you allowed the question in respect of peaceful protest. The Minister has point-blank refused to answer any part of the question. Is that in order? These are serious matters that have repeatedly been raised in the chamber. Government ministers are refusing to answer the basic points that we need to hear being addressed in the chamber; they are also being asked outwith it, but we get nothing from them there.
Annabelle Ewing
Scottish National Party
I thank Douglas Ross for his contribution. I am in charge of ensuring that Question Time runs smoothly and that supplementary questions relate to the principal question on the business bulletin. That is the point that I made to the Minister. I am not in charge of how the minister chooses to respond—that is a matter for her. Obviously, the member has many ways in which he can seek to pursue the matter.
Question Time is an opportunity for MPs and Members of the House of Lords to ask Government Ministers questions. These questions are asked in the Chamber itself and are known as Oral Questions. Members may also put down Written Questions. In the House of Commons, Question Time takes place for an hour on Mondays, Tuesdays, Wednesdays and Thursdays after Prayers. The different Government Departments answer questions according to a rota and the questions asked must relate to the responsibilities of the Government Department concerned. In the House of Lords up to four questions may be asked of the Government at the beginning of each day's business. They are known as 'starred questions' because they are marked with a star on the Order Paper. Questions may also be asked at the end of each day's business and these may include a short debate. They are known as 'unstarred questions' and are less frequent. Questions in both Houses must be written down in advance and put on the agenda and both Houses have methods for selecting the questions that will be asked. Further information can be obtained from factsheet P1 at the UK Parliament site.
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Question Time is an opportunity for MPs and Members of the House of Lords to ask Government Ministers questions. These questions are asked in the Chamber itself and are known as Oral Questions. Members may also put down Written Questions. In the House of Commons, Question Time takes place for an hour on Mondays, Tuesdays, Wednesdays and Thursdays after Prayers. The different Government Departments answer questions according to a rota and the questions asked must relate to the responsibilities of the Government Department concerned. In the House of Lords up to four questions may be asked of the Government at the beginning of each day's business. They are known as 'starred questions' because they are marked with a star on the Order Paper. Questions may also be asked at the end of each day's business and these may include a short debate. They are known as 'unstarred questions' and are less frequent. Questions in both Houses must be written down in advance and put on the agenda and both Houses have methods for selecting the questions that will be asked. Further information can be obtained from factsheet P1 at the UK Parliament site.
