Baroness Kennedy: Dropping misogyny legislation signal of wider retreat

The Scottish govt’s shelving of a brand new legislation to criminalise misogyny is part of a much broader retreat within the face of “anti-woke” sentiment, a number one attorney says.

Baroness Helena Kennedy KC led an impartial professional workforce that known as for brand new prison offences without delay focused on prejudice and contempt for girls.

But Ministers say there isn’t sufficient time to attract up the brand new legislation ahead of the 2026 Holyrood election, following the fresh Supreme Court judgement at the definition of a lady.

Baroness Kennedy advised BBC Scotland News: “I think the Scottish government thinks this is going to be too much of a headache.”

She stated the misogyny invoice have been about treating girls with recognize, dignity and as other people entitled to “the same equality and safety in the streets as men”.

However, she authorized the federal government would need to mirror at the Supreme Court ruling which she stated had created some uncertainty.

Former first minister Nicola Sturgeon had dedicated to the advent of the invoice at the advice of a operating workforce chaired via Baroness Kennedy.

The proposals incorporated new offences reminiscent of stirring up hatred in opposition to girls and misogynistic harassment.

Such prejudice would even have been handled as an anxious issue that would result in harder sentencing.

On Friday, ministers introduced there used to be no longer sufficient time to attract up the complicated regulation after the new Supreme Court ruling {that a} girl is outlined via organic intercourse underneath equality legislation.

Instead, the Scottish govt will amend present hate crime regulation in September, to make intercourse a secure function.

Speaking to BBC Scotland’s Drivetime, Baroness Kennedy stated she used to be upset however no longer stunned via the verdict.

“We are seeing a retreat from some of these areas that are being characterised as ‘woke’,” she stated.

She stated movements to deal with harassment and violence in opposition to girls, and different teams dealing with discrimination have been an increasing number of perceived as political correctness.

“I think the Scottish government just thinks this is going to be too much of a headache,” she stated.

She stated together with attacks in opposition to trans girls into a brand new misogyny legislation would now require “a rethink”.

Earlier, John Swinney stated his govt used to be dedicated to making sure other people have been secure for misogynistic abuse.

But the primary minister stated it used to be navigating problems coming up from the Supreme Court ruling, and the fastest manner to try this now used to be to amend hate crime legislation.

“What action we can take is action we can take during this parliamentary term to tackle misogyny and that’s what the government will do,” he stated.

The Scottish govt underneath Nicola Sturgeon had prior to now rejected that way.

They as an alternative requested Baroness Kennedy’s professional workforce to inspect whether or not gaps within the legislation required separate regulation.

Scottish Conservative deputy chief Rachael Hamilton MSP stated the misogyny invoice used to be the newest in a “litany of paused, ditched or botched” insurance policies from Sturgeon’s time as first minister.

Scottish Labour described it as a “screeching U-turn” and a “shameful broken promise” whilst the Scottish Lib Dems stated it used to be a mistake.

Ministers also are shelving plans for a invoice to prohibit “conversion therapy” for sexual orientation or gender identification.

Instead they’re urging the Labour govt at Westminster to legislate for England, Scotland and Wales at the factor – but when this doesn’t occur, has promised to legislate inside of a 12 months of the SNP forming a central authority after the Holyrood vote.

BIlls on misogyny and conversion remedy have been each a part of the Bute House Agreement with the Scottish Greens which resulted in April 2024.

The birthday celebration’s equalities spokesperson Maggie Chapman stated the verdict to not continue with them within the present parliament used to be a “shameful backward step”.