Chapman survives bid to remove her from committee

Green MSP Maggie Chapman has survived a bid to oust her from Holyrood's equalities committee after she criticised the judiciary over a judgement on the definition of a woman.

Chapman – the committee's deputy convener – accused the court of "bigotry, prejudice and hatred" after it ruled a woman is defined by her biological sex under the Equality Act.

Those comments were described as "reprehensible" by the dean of the faculty of advocates and sparked a Tory attempt to remove the Green MSP from the committee.

The motion was rejected by committee members by four votes to three after SNP MSPs sided with Chapman.

Two Conservatives and one Labour member voted in favour.

The UK's highest court ruled two weeks ago that "woman" and "sex" in the Equality Act 2010 "refer to a biological woman and biological sex".

Chapman hit out at the judiciary at a transgender rights rally in Aberdeen the following weekend. The Green MSP subsequently said she stood by her comments.

The dean of the faculty of advocates, Roddy Dunlop KC, said Chapman should consider her role as deputy convener of the Equalities, Human Rights and Civil Justice Committee as her remarks conflicted with Holyrood guidance on impartiality.

Committee member and Conservative MSP Tess White lodged a motion to remove Chapman.

Addressing the committee ahead of the vote, she described the Green member's remarks as "dangerous and incendiary".

White claimed Chapman had failed to uphold the independence of the judiciary and that her position on the committee had become "untenable".

Labour MSP Paul O'Kane asked Chapman to withdraw her remarks, state her respect for the rule of law and independence of the judiciary "without qualification" and acknowledge the concerns of the dean of the faculty of advocates.

He said that was needed for the public to retain confidence in the committee's role, particularly relating to civil justice.

Chapman said she respected the rule of law and the independence of the judiciary, and had never questioned the Supreme Court's right to make a ruling on any matter.

She said it was her job to "stand up" for her constituents and that she would not stop being a "vocal trans ally".

The Supreme Court ruling was accepted by the Scottish government, with First Minister John Swinney saying Chapman's comments were "wrong".

However, he told LBC on Monday it was up to individual MSPs on the equalities committee how they voted on the Tory motion.

SNP committee member Marie McNair said it was not up to the body to control what colleagues said in their personal capacity. Siding with Chapman, she said it was not a matter for the committee to decide.

Social Justice Secretary Shirley-Anne Somerville later told MSPs it would be "inappropriate" for ministers to give their view on how committee members should have voted.

While the motion has been defeated, the Conservatives have indicated they will explore other ways to bring the matter before the full parliament.

Speaking after the vote, White claimed Swinney had been "humiliated by his own MSPs defying him".

Roddy Dunlop KC, dean of the Faculty of Advocates, criticised Chapman for refusing to apologise for her comments.

He said: "We are unclear as to how a committee whose remit is to consider equality and civil justice can credibly claim to be able fulfil that remit in circumstances where its deputy convener has accused the Supreme Court of bigotry, prejudice and hatred; where rather than retracting and apologising therefore she has doubled down on the issue."

Mr Dunlop also raised concerns about convener Karen Adam declining to speak publicly about the issue.

John Swinney has called for public bodies to wait for full guidance from the UK's equality watchdog before making changes to policy on single-sex spaces.

The Equality and Human Rights Commission (EHRC) issued interim guidance on Friday in the wake of the Supreme Court judgement.

The body is expected to provide full guidance in the summer, but its interim release said trans women should not be permitted to use women's facilities in areas such as hospitals, shops and restaurants.

The equalities committee vote came as the UK's only ever judge to publicly say they are transgender announced plans to launch legal action over the Supreme Court ruling.

Dr Victoria McCloud, who stepped down from court last year, said the judgement and interim EHRC guidance violated her human rights.

Dr McCloud said she intends to take the UK government to the European Court of Human Rights.

Prime Minister Sir Keir Starmer has said the Supreme Court ruling gave "much-needed clarity" for those drawing up guidance.