As reported in the Sunday Times (24 January 2021), the Chief Statistician Sir Ian Diamond has stated that the sex question in the forthcoming census in England and Wales will be framed in terms of legal sex, although it should…
Read More Discontinuity in the UK censuses on the definition of sex
During the Stage 1 oral evidence sessions on the Hate Crime and Public Order (Scotland) Bill, the definition of ‘transgender identity’ was discussed. This briefing traces how ‘cross-dressers’ came to be included within the definition of transgender identity in the…
Read More The inclusion of ‘cross-dressers’ under the Hate Crime and Public Order (Scotland) Bill
[This submission can also be downloaded as a briefing note.] We welcome the opportunity to respond to the Commission’s consultation on hate crime legislation in England and Wales. Our response draws on our scrutiny of the Scottish Government’s draft Hate…
Read More MBM submission to Law Commission on hate crime laws in England and Wales
Introduction On 15 December 2020, at the Stage 1 debate of the Hate Crime and Public Order (Scotland) Bill MSPs debated the theory of how to avoid criminalising merely offensive speech. The following day, a judgement was published in England,…
Read More Protecting Speech that Offends: Theory and Practice
We have prepared a briefing for MSPs ahead of the Stage 1 debate on the Hate Crime and Public Order (Scotland) Bill which will take place on Tuesday 15 December. Our briefing focuses on two areas: the exclusion of sex…
Read More Briefing for Stage 1 debate: Hate Crime and Public Order (Scotland) Bill
The Stage 3 debate on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill will take place this Thursday, 10 December. The purpose of the bill is to improve access to healthcare services for victims of rape and sexual…
Read More Sex and gender in the Forensic Medical Services Bill
The omission of ‘sex’ as a protected characteristic is a key area of contention in the proposed Hate Crime and Public Order (Scotland) Bill, which is currently making its way through the Scottish Parliament. Giving evidence to the Justice Committee…
Read More Legislating for hatred against women: the view from the coalface
At the time of writing, the three UK census authorities (National Records of Scotland , Office for National Statistics, and the Northern Ireland Research and Statistics Authority) are planning to provide guidance to accompany the sex question in the next…
Read More International evidence and the risks of reframing the sex question in the census
We have submitted supplementary evidence to the Justice Committee in the light of (a) an open letter currently circulating which has been signed by a number of parliamentarians and others (b) the Cabinet Secretary’s comments at the Justice Committee hearing…
Read More Supplementary evidence on the Hate Crime and Public Order (Scotland) Bill
Discussing the Hate Crime and Public Order (Scotland) Bill at the Justice Committee on 24 November, the Cabinet Secretary Humza Yousaf argued that he did not think a person would be committing a criminal offence in stating that sex is…
Read More The Hate Crime and Public Order (Scotland) Bill: a reassurance that does not reassure
