MurrayBlackburnMackenzie Profile picture
Oct 3 8 tweets 4 min read Twitter logo Read on Twitter
THREAD: Bringing the Hate Crime and Public Order (Scotland) Act 2021 into force.

It has been reported that the Act will be brought into force early next year. scottishlegal.com/articles/polic…
As we described here, bringing the Act fully into force will need further regulations making in the Scottish Parliament. x.com/mbmpolicy/stat…
The type of regulations needed will fall under Section 17(3)(b) of the Act, meaning they fall under the "negative procedure" for secondary legislation. Image
This means they are put on the agenda of the "lead committee" at least 28 days before they come into effect. The committee can simply nod them through with little or no discussion, or decide to recommend a debate in the full parliament. parliament.scot/bills-and-laws…
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We assume the lead committee here will be the Criminal Justice Committee. This has 8 members (4 SNP, 2 Labour, 2 Conservative). In the event of a tie in a committee, the Convenor (in this case, an SNP member) has the casting vote. parliament.scot/chamber-and-co…
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The necessary secondary legislation does not yet appear to have been made. legislation.gov.uk/primary+second…
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It is not listed among the orders and regulations currently before the Scottish parliament: see here. bb.parliament.scot/Content/Report…
The "subordinate legislation" section on the SP site is where any relevant orders will appear. NB: subordinate legislation/secondary legislation/statutory instruments/orders/regulations are all terms used for law made using a simpler process than an Act.
bb.parliament.scot/Legislation

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More from @mbmpolicy

Sep 13
THREAD: Ahead of next week's judicial review of Section 35 Order issued in respect of the Gender Recognition Reform (Scotland) Bill, this thread provides some practical information for those who wish to follow the case.
The case starts on Tuesday 19 September, and is scheduled to last for 3 days. It will be held in the Outer House of the Court of Session, in front of a single judge (the Hon Lady Haldane).
It will be heard in person, but the Scottish Court Service has confirmed it will also be live-streamed. scotcourts.gov.uk/about-the-scot…
Read 10 tweets
Sep 12
NEW BLOG: We follow up an earlier analysis of cross-border communications over the GRR Bill, using new information accessed via a review of an FoI request, and material both governments have submitted to the forthcoming s35 court case. murrayblackburnmackenzie.org/2023/09/12/sco…
We found meetings were not held fortnightly, as described to the Scottish Parliament in April. There were ten meetings in total during the year. The previous FoI response omitted information held by the SG which would have made this clear.
Further, in June 2022 the SG denied to the Committee that any formal process relating to s104 had yet begun. Yet in January 2022 the SG began what it described in emails as a “formal process” in relation to s104 Orders. Again, the previous FoI response failed to reveal this.
Read 13 tweets
Aug 31
We have now had a response to this letter./
Full text below, with the relevant extract of the business plan referred to (the actions highlighted in this do not however directly address the points in the letter).

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We asked first "whether you agree with Police Scotland that the action in this case was in line with guidelines issued on your behalf"./
Read 8 tweets
Jan 29
THREAD. On 6 July 2018, we submitted a FOI request to the Scottish Prison Service (SPS) asking for sight of the equality impact assessment undertaken on their trans prisoner policy.
whatdotheyknow.com/request/equali… Image
The SPS lists all equality impact assessments (EQIA) they have carried out on their website. No EQIA was listed for the trans prisoner policy. That is still the case today.
sps.gov.uk/Corporate/Abou…
The SPS responded to the FOI request on 1 August 2018, with a copy of the EQIA.
whatdotheyknow.com/request/496110…
Read 23 tweets
Jan 28
We believe that this is the first time that the review of the Scottish Prison Service's Gender Identity and Gender Reassignment Policy has been described as being conducted "in partnership with the Scottish government." bbc.co.uk/news/uk-scotla…
The comment that the process is "nearing completion" should be read in the context of these comments in the Scottish Parliament on Wednesday, 25 January, saying 3 of 5 stages are complete. parliament.scot/chamber-and-co…
Our summary of what was known about the review as at April 2022 is here. murrayblackburnmackenzie.org/2022/04/06/the…
Read 5 tweets
Jan 28
The SPS's Gender Identity and Gender Reassignment Policy, which provides the context for current media coverage of individual cases, is available here. sps.gov.uk/Corporate/Publ…
The underlying principle that accommodation should, as far as possible, be based on how a prisoner "is living permanently" is set out here:
The policy includes a strong presumption against restrictions on association.
Read 7 tweets

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