Scottish Government drops misogyny and conversion therapy bill plans

The Scottish Government has dropped its plans to introduce legislation to combat misogyny and ban conversion therapy ahead of the next election.

It will also not proceed with planned changes to legislation on adults with incapacity before the end of the parliament.

Former first minister Nicola Sturgeon had previously committed to the introduction of a Misogyny Bill, following the recommendation of a working group chaired by Baroness Helena Kennedy.

A consultation on the proposed bill was brought forward in March 2023, looking at establishing specific offences of harassment or other misogynistic behaviour targeted at women and girls.

But the government now says there is “insufficient time” for a bill to be published and introduced to the parliament.

In answer to a written question on the government’s legislative programme, parliamentary business minister Jamie Hepburn confirmed: “This is a complex area of policy and law, and it would be necessary that any bill which brought misogyny into criminal law contained clear and unambiguous provisions in regard to the circumstances in which they apply. This would include the implications of the recent Supreme Court judgment.

“Given the short time left in this parliamentary session, there is insufficient time for a bill to be finalised and introduced in this session, therefore the Scottish Government has decided not to proceed with this bill in this parliamentary session.”

He has confirmed that the government will, however, bring forward secondary legislation to add the protected characteristic of sex to the Hate Crime Act. This brings ‘sex’ into line with other protected characteristics such as race, religion, sexual orientation and transgender identity covered by the legislation.

On a ban on conversion therapy, the government has said it continues to engage with the UK Government on the matter to ensure a consistent approach across the UK.

But equalities minister Kaukab Stewart confirmed that if a single approach cannot be agreed, the SNP would plan to bring forward a bill in the first year of the next parliament.

Stewart said: “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.”

The SNP had pledged to bring forward its own legislation in its 2021 manifesto if the previous UK government did not act.

The government will also no longer push ahead with changes to existing adults with incapacity legislation due to concerns about compliance with human rights laws. Ministers said there was a need for a “more detailed approach”.

First Minister John Swinney is to set out the final programme for government ahead of next year’s election on Tuesday.

Any new bills announced in that statement will need to be introduced and undergo parliamentary scrutiny before the end of March next year.

There are already 14 government bills being considered at Holyrood which will need to pass before then, plus two further bills from the last programme for government on a building safety levy and a crofting and land court. These are expected to be introduced before summer recess.

The misogyny, conversion therapy and adults with incapacity bills are the latest plans to be cut from Sturgeon-era government, with plans for a human rights bill and a learning disability bill already dropped.

The Conservatives said the shelving of the misogny law was a "humiliating U-turn".

Deputy leader Rachael Hamilton said: “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.”

Labour describes it as a “broken promise”.

Justice spokesperson Pauline McNeill said: “The SNP has wasted the last four years and left women unprotected for no good reason, and now seems to be abandoning the other protections that Baroness Kennedy said were required to protect women – it is a shambles.”

The Scottish Greens have accused ministers of taking a “shameful backward step” on equalities.

MSP 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… This sends a terrible message. Our government must offer compassion, kindness and reassurance, not only in words but also in laws.”