- Bill to amend 2018 Act following Court of Session ruling.
Legislation to amend the Gender Representation on Public Boards
Act has been published.
The Act, which was passed by the Scottish Parliament in 2018,
aims to address the under-representation of women in public life
by setting an objective that 50% of a public board’s
non-executive members are women.
The Gender Representation on Public Boards (Amendment) Bill aims
to align the Act with the Court of Session ruling last year which
stated that its inclusion of the definition of women was outwith
the legislative competence of the Scottish Parliament and it was
therefore not law.
The Bill, if passed, will provide clarity by removing the
redundant definition from the statute book.
Social Justice Secretary said:
“Women’s voices need to be heard and acted on, especially by the
public bodies that deliver services in our everyday lives.
“The Gender Representation on Public Boards Act sets an objective
for public boards that 50% of their non-executive members are
women.
“The legislation to amend the Act will align the Act with the
Court of Session ruling to ensure the statute book is not
misleading. This is something we believe we are required to do in
light of the court’s ruling. The change does not impact how the
2018 Act has worked since the Court’s ruling.
“The Scottish Government remains committed to achieving greater
gender equality and creating a fairer Scotland for everyone.”
Background
The Gender Recognition on
Public Boards (Amendment) (Scotland) Bill
The Gender Recognition on
Public Boards Act (Scotland) 2018
The Court of Session
ruled, with effect from 19 April 2022, that the definition of
“woman” in the 2018 Act impinged upon the nature of protected
characteristics as identified under the Equality Act 2010 and
therefore it was not within the legislative competence of the
Scottish Parliament.
