Out for Independence are deeply concerned about the recent addition of the language of ‘biological sex’ to the Hate Crime and Public Order (Scotland) Act 2021 by means of a Scottish Statutory Instrument, and the dangerous precedent that this sets. The wording was used in the recent Supreme Court ruling in a way that appeared to undermine the rights of trans people. That definition of sex was never designed to be used in the context of hate crime legislation, and in this context it potentially muddles the Act’s existing provisions against hate crimes based on sexual orientation.

Consequently, we fail to understand the reasoning behind the importing of the language of the Supreme Court ruling into Scots law. This makes Scotland the first country in the UK to have defined sex in this way in any piece of legislation, which flies in the face of the Scottish Government’s commitments to inclusion. While the Scottish Government may have committed for now to always considering the issue of how to define sex in the law and policy on a case-by-case basis, this decision will only needlessly strain its credibility with LGBTQIA+ Scots.

We wholeheartedly agree with taking steps against misogyny, and as such we remind our party that the Working Group on Misogyny and Criminal Justice recommended that this should be done via a dedicated bill and explicitly advised against amending the Hate Crime and Public Order Act as this would not adequately protect women. The 2021 SNP Manifesto pledged to ‘act swiftly’ on the Working Group’s advice.

We understand this action was not taken due to lack of parliamentary time, and therefore we expect that, should our party form government again after May’s election, it will go forward with a full Misogyny Bill which properly protects all women and annuls this SSI.