General Question Time – in the Scottish Parliament at on 15 January 2026.
Michelle Thomson
Scottish National Party
To ask the Scottish Government what the current status is of its plans to add sex to the characteristics covered by the Hate Crime and Public Order (Scotland) Act 2021. (S6O-05371)
Angela Constance
Scottish National Party
The Scottish Government is currently considering responses to the public consultation that we undertook last year on the draft Scottish statutory instrument to add the characteristic of sex to the Hate Crime and Public Order (Scotland) Act 2021, and we intend to lay the final SSI in Parliament in the coming period.
Michelle Thomson
Scottish National Party
I was listening very intently for something substantive in the Cabinet secretary’s response. What I really want is a personal commitment from her that the SSI will be laid before this Parliament goes into dissolution, because I cannot see how it is conceivable that sex should be the only protected characteristic that is not covered by the 2021 act when, as the Scottish Government says, women experience bad behaviours because of their sex class. I seek a personal commitment from the cabinet secretary that that will happen.
Angela Constance
Scottish National Party
I very much appreciate Mrs Thomson’s interest in the matter. I assure her, both personally and politically, that the Scottish Government wants to ensure that women and girls have the new criminal protections that are provided through the 2021 act for other characteristics such as age, disability, religion and so forth.
Mrs Thomson will be aware that we have to follow a super-affirmative process, which is what Parliament agreed when the hate crime legislation was passed. That means that we have to publish a draft SSI and consult on it, and we are obliged to analyse the consultation responses and publish them, where permitted, with the analysis. That will be done when the SSI is laid, and it will be laid in due course.
Tess White
Conservative
The Minister says that the SSI will be laid “in due course”, but we do not know when that will be. Only this Tuesday, at the Equalities, Human Rights and Civil Justice Committee, the Minister for Equalities informed us that she had not met the Cabinet Secretary for Justice and Home Affairs to discuss the nine protected characteristics—sex being one, as now defined and clarified by the Supreme Court judgment. That was absolutely alarming
You have still not included sex in the hate crime legislation and have still not told us when the SSI will be laid. Also, why have you not met the Minister for Equalities?
Alison Johnstone
Green
Always speak through the chair.
Angela Constance
Scottish National Party
In summary, I will repeat the essence of what I said to Michelle Thomson: I will lay an SSI well in advance of the end of this parliamentary session, because I want to ensure that women and girls have those protections in the format of hate crime legislation, in the same way that those with other protected characteristics do. I assure members that that is all in hand.
As for the second part of Tess White’s question, I would note that the Minister for Equalities has certainly not met me in recent times on the various equality duties. I recall that, some time ago, soon after her appointment to her post, she met ministers collectively and I know that she has, on more than one occasion, reminded all ministers of our collective responsibility to meet our equality duties. If need be, we could go back into the records and find a note of the meeting that Ms Stewart had with me and a range of other ministers, but that is going back some time, and I will have to come back to the member on that issue.
Alison Johnstone
Green
I remind members that, as this is our shortest question session of the week, concise questions and responses are appreciated.
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.
The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.
It is chaired by the prime minister.
The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.
Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.
However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.
War cabinets have sometimes been formed with a much smaller membership than the full cabinet.
From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.
The cabinet normally meets once a week in the cabinet room at Downing Street.
The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.
It is chaired by the prime minister.
The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.
Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.
However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.
War cabinets have sometimes been formed with a much smaller membership than the full cabinet.
From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.
The cabinet normally meets once a week in the cabinet room at Downing Street.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
