Scottish Government shelves plans for new misogyny law

The Scottish Government has shelved plans to criminalise misogyny before next year’s Holyrood election.

The new legislation was proposed in an effort to improve protection for women and girls.

But on Friday, ministers said there was not enough time to draft up the law following Supreme Court judgment on the definition of a woman in the Equality Act.

SNP minister Jamie Hepburn said the Government was “committed to ensuring people are protected from misogynistic abuse”, however, it is “a complex area of policy and law”.

Instead of a new law, an amendment to the existing hate crime legislation on the basis of sex. Hepbun said this will be laid out by September and would be subject to consultation.

The change would provide women and girls with the same protections as other groups protected by the act, Hepburn said.

Women’s initial exclusion from Hate Crime law

The Hate Crime and Public Order Act came into force on April 1 last year, taking the law against the stirring up of racial hatred and extending the same protection to other groups.

Those protected characteristics were disability, religion, sexual orientation, age, transgender identity and variations in sex characteristics.

At the time, women’s groups expressed concern that MSPs had decided to drop women as one of the protected characteristics in the bill.

Then-SNP MP Joanna Cherry said the law left women unprotected from hate crimes despite “being one of the most abused cohorts in society”.

Asked by STV News why it dropped women from the list, the Scottish Government previously said it planned to introduce bespoke legislation on sexism in society.

“Women, like everyone else, are already protected from threatening or abusive behaviour in law,” a the Government said.

“We have consulted on a Misogyny Bill which will build on these general laws and create a new focus on protecting women and girls to address criminal behaviour motivated purely by misogyny.”

With that bill now scrapped, the Government hopes to add women and girls as a protected group to the Hate Crime and Public Order Act.

Conversion therapy ban delayed

The Scottish Government also confirmed a conversion therapy ban will not be implemented this term.

Work on a draft policy to end the practice is still ongoing.

However, if a UK-wide law is not agreed, the Scottish Government said it will commit to publishing its own bill during the first year of its next term – if elected.

Equalities minister Kaukab Stewart said while the Scottish Government will “continue to work” with Westminster on a UK-wide approach, SNP ministers will “get on with the job of ending these harmful practices” if there is no progress.

The Scottish Government previously committed to banning conversion therapy – which aims to change or suppress a person’s sexual orientation or identity – as part of the powersharing deal between the SNP and the Scottish Greens.

The Bute House Agreement ended before legislation was brought forward, with the Scottish Government saying earlier this year that it will prepare its own Bill “should a UK-wide approach not be achievable”.

Stewart said: “Scotland remains absolute in our commitment to equality, the rights of the LGBTQI+ community, and ending conversion practices.

“We will continue to work with the UK Government on legislation extending to Scotland, that applies across all settings and protects all ages, is trans-inclusive and does not include any exemption for consent.

“However, if we do not make progress through a collaborative approach, the Scottish Government will get on with the job of ending these harmful practices in Scotland and intends to publish its own Bill in year one of the next parliamentary session.”

Stewart said recent weeks have been “challenging for our LGBTQI+ communities”, telling them: “We want you to know we stand with you and we will work tirelessly to ban conversion practices once and for all.”

Scottish Conservative deputy leader Rachael Hamilton MSP described the move as a “humiliating U-turn” for the First Minister.

She added: “The misogyny bill is just the latest in a litany of paused, ditched or botched Sturgeon-era policies.

“It’s little surprise it has been scrapped. Who would trust SNP ministers to legislate to criminalise misogyny when they can’t even say what a woman is?

“Misogyny remains a serious problem and it’s crucial that women and girls are protected from all forms of threatening and abusive behaviour in a way that safeguards their rights.”

‘Backward step’

The Scottish Greens described the decision as a “shameful” backward step.

“Dropping these bills sends a worrying message about the government’s commitment to equalities, and a shameful backward step”, the party’s equality spokesperson Maggie Chapman said.

“A lot of people have waited far too long for the protections in these bills, and they will be deeply disappointed that they will not be happening as promised.

“Violence against women and girls is a national emergency. The misogyny bill was a vital step in ensuring that reports of harassment and assault are taken seriously.”

Chapman said so-called “conversion therapies” were “immoral” and cause lasting damage to survivors.

She said shelving plans to ban them during this Parliament sends a “terrible message”.

These abusive practices have no place in a modern, progressive Scotland.

“The Scottish Government should not be kicking these bills into the long grass, but that is exactly what is happening,” she said.