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Home , Anas Sarwar, Michelle Ballantyne, Miles Briggs, Monica Lennon, Patrick Harvie, Richard Leonard

Updated with party manifestos Scottish Election Briefing 2021

AN ANALYSIS OF PARTY POLICIES ON ISSUES OF IMPORTANCE TO CHRISTIANS

christian.org.uk/ scottishelection Contents

3 Introduction

8 12 16 19 Scottish Liberal Democrats 21 Scottish 23 Reform UK

24 More information about legislation and public policy 32 References

KEY RESOURCES    Party manifestos Questions for your This Scottish candidates Election Briefing

Find links to 2021 These help Christians Further copies can manifestos of the parties find out the views of their be ordered from our covered in this publication candidates. See the back office on0191 281 as they become available cover of this publication 5664 or downloaded at christian.org.uk/ or christian.org.uk/ at christian.org.uk/ scottishelection scottishelection scottishelection

All information in this briefing is correct at time of publication | Copyright © The Christian Institute 2021 | All rights reserved Published by The Christian Institute, Wilberforce House, 4 Park Road, Gosforth Business Park, Newcastle upon Tyne, NE12 8DG No part of this publication may be reproduced, or stored in a retrieval system, or transmitted, in any form or by any means, mechanical, 2 electronic, photocopying, recording or otherwise, without the prior permission of The Christian Institute. Introduction

SCOTTISH PARLIAMENT (Romans 13 and 1 Peter 2). This benefits all ELECTION 2021 people in this world, not just Christians. As a general rule Christians follow Jesus’ As Christian citizens, we should think command to: “Render therefore unto Caesar carefully about how we vote in the elections the things which are Caesar’s” (Matthew for the on 6 May. 22:21, KJV).1 Christians are citizens of The Christian Institute is a registered heaven (Philippians 3:20) and also of an charity and we cannot tell you how to vote. earthly nation. The Christian’s duty is to obey What we can do in this briefing is address: the governing authorities. The exception is where they forbid what God requires, or ĥ why should you vote? require what God forbids (Acts 5:29). ĥ biblical priorities It is our earnest prayer that Christians ĥ issues on the horizon will have freedom to share the Gospel ĥ two key factors in voting and live out the Christian life (1 Timothy ĥ speaking to candidates 2:1-4). In praying “deliver us from evil” ĥ party policies on key issues (Matthew 6:13) we are praying against the ĥ background information on persecution of the Church as well as against legislation and public policy. personal temptation.

Our analysis of party policies covers Common grace and the many issues where important Christian privilege of voting principles are at stake. They tend to be issues Romans 13 makes clear that God has where biblical standards, particularly the Ten ordained the governing authorities in every Commandments, directly apply. In modern country, whether rulers are Christian or not. Scotland they can be among the most Thanks to God’s common grace, there are controversial subjects, yet in our view the many non-Christians who take the morally Bible is perfectly clear about them. right view on a range of issues. Nobody’s We cannot be exhaustive. There will thinking is wrong at every point. Politicians be other areas of concern where much who disagree with Christians about material is available or where there is redefining marriage can still be strongly honest disagreement among Christians against assisted suicide or liberalising drug holding to the Bible as their authority, laws. Some atheists will strongly defend such as the environment. the free speech of Christians. The Christian Institute can testify that there are men and WHY SHOULD YOU VOTE? women of integrity in parties across the . The state is a means of God’s ‘common Like the prophet Daniel, God’s people grace’. The Bible is very clear that the must encourage leadership which promotes governing authorities act on God’s behalf truth and righteousness, such as when he to restrain evil and promote what is good said to King Nebuchadnezzar: “Therefore, 3 O king, be pleased to accept my advice: For a very large proportion of political Renounce your sins by doing what is right, issues, making a Christian judgement and your wickedness by being kind to the depends on the wise assessment of oppressed” (Daniel 4:27). several biblical principles. This can result in But unlike Daniel, Christians in Scotland Christians arriving at different conclusions. today get to play a part in electing their For example, we know for certain that the leaders. In our democracy we all have the state has a right to levy taxes (Romans 13:7). legal right to vote. Billions of people around But Christians who hold to biblical truth the world do not enjoy the same freedoms can legitimately disagree on the level of as we have here. We elect Members of individual taxes. the Scottish Parliament and so ultimately the . We help choose ISSUES ON THE HORIZON ‘Caesar’. So voting is a privilege and a serious responsibility.2 The new Parliament elected on 6 May The election provides an opportunity for 2021 could vote on laws affecting religious Christians to speak out and play their part liberty, freedom of speech, transgender by voting. Governments can make it easier rights, abortion, assisted suicide and drugs or harder to live freely as a Christian or to legalisation. More information about share the Gospel. Believers have to make a legislation and public policy on these and judgement about how their vote can be used other issues is given on page 24 onwards. to best effect. These are all issues of concern to Christians. Some are ‘conscience votes’, BIBLICAL PRIORITIES where MSPs are free to vote without a party whip, which underlines the importance When it comes to matters of public policy, of finding out what individual election Christians have to assess biblical priorities. candidates think. We can distinguish those political issues on Biblical Christians believe that the Gospel which the Bible is absolutely clear from those is paramount. Salvation is only found in on which it is not. Christ, not in any political programme. Yet For instance, the Bible is not clear on followers of Christ are to care about their how to improve access to GPs or the most world, being salt and light in our society. appropriate level of university tuition fees. And in order for that to happen, and for To decide on these issues involves a detailed evangelism, there has to be freedom for the assessment of the facts and the exercise Gospel. Religious liberty is a crucial issue. of judgement based on experience. Many Christians in this country have enjoyed situations we encounter in ordinary life are at remarkable freedom for centuries, which this level, and so are many political issues. was hard won down the years. Yet this But at the other end of the spectrum is being increasingly challenged. Street the Bible is “clear, direct, and decisive”3 preachers have been arrested, Christians about a whole host of political issues. For have lost their jobs for talking about their example, a vote for abortion or euthanasia faith, and individuals and churches have is a vote to break the sixth Commandment been discriminated against for believing in (Exodus 20:13). These are the kinds of issues traditional marriage. that we mainly focus on in this briefing – Many Christians are also gravely straightforward matters of right or wrong. concerned about legislative proposals that 4 intrude into ordinary family life, evangelism CANDIDATES AND PARTIES and the running of the local church. Christians believe that governing authorities In the voting system for elections to the are established by God, but at the same Scottish Parliament, each elector has two time the Government is not responsible for votes – one for their constituency and one everything – indeed it must not be, if there is for their region. A system of proportional to be freedom. representation is used. Overall, the aim of It is important to say that society is more the electoral system is to ensure that the than the state. Society is made up of families number of seats in the Parliament won by and many institutions and organisations each party broadly reflects their percentage between the state and the citizen. of votes in each region. Government by itself cannot solve all our You have to consider how you will cast problems or even come remotely close. your two votes. In the constituency list you vote for individual candidates; in the regional DEVOLUTION list you vote for a party. There are therefore two obvious factors The Scottish Parliament can make laws in which you must consider: the individual areas such as education, health, family life, candidates and the political parties. crime, local government, agriculture, social Thinking first about the constituency work, economic development and transport. list: you may decide it is better to vote for As a result of the Scotland Act 2016, it has an exceptional candidate who shares your powers to set rates and bands of income tax, Christian views across a range of moral and powers over certain aspects of welfare. issues, even if they are standing for a party The Act has also devolved abortion law to which you would not naturally support. the Scottish Parliament. You may decide that the most important Westminster retains responsibility for consideration is to vote for the candidate other areas such as defence, equality/ who is standing for a party which in your law, employment law and view represents the ‘least-worst’ option. foreign affairs. These are ‘reserved matters’ You may decide that it is better to vote for a on which Holyrood cannot legislate. candidate representing a Christian political Though Westminster makes laws on party who may happen to stand in your area. reserved matters, the Scottish Parliament These are decisions which ultimately only can still have a role on those same issues. you can make. Although legislation such as the Equality Act Christians should exercise their Christian 2010 can only be passed at Westminster, conscience in these matters. Just because Holyrood can significantly affect the your parents or your work colleagues vote in equality agenda in Scotland – for example a certain way does not mean that you need it has power to make its own regulations to to do the same. It is your choice. implement the ‘public sector equality duty’ In terms of the regional list, people’s contained in the 2010 Act. thinking is more in terms of the parties as a whole. That makes finding out the policies, and past record, of the political parties all the more important. Of course, you are free to vote for a candidate from one party in the constituency list, but vote for a different party 5 in the regional list. You are also free to vote if elected. If they say that they will, you for individuals standing in a constituency or can hold them to their promise should region who have no party affiliation. they be elected. It is highly unlikely that you will find a If you speak to a representative party or a candidate you feel has all the right canvassing on behalf of the candidate, ask for views. In some constituencies there will be your concerns to be forwarded. The very act the option to vote for a candidate who takes of asking questions is a Christian witness. a firm stand on moral issues. This is unlikely to be the norm. For many Christians there CONTACTING YOUR CANDIDATES is a genuine dilemma over choosing a party or a particular candidate. Whatever your You don’t need to wait for candidates to decision, it is relevant to consider how the contact you. You can contact them by letter parties fared in previous elections in your or email, or on social media, in order to raise constituency and your region.4 your concerns. This way you can be sure that Type in your postcode here to find out which all the candidates have been made aware of constituency you live in: whocanivotefor.co.uk the issues important to you. For contact information about candidates SPEAKING TO CANDIDATES and parties, go to: whocanivotefor.co.uk Election literature put through your Candidates or their representatives may letterbox will give contact details for your come to your door, phone or stop you in candidates. If you write to a candidate, the street to ask how you intend to vote. keep your letter short but do raise specific This presents an ideal opportunity to points. Make sure you tell them you are a raise concerns and to find out where the constituent. You could swap notes with other candidates stand on biblical issues, with a Christian friends who have had contact with view to promoting wider debate on those a candidate. matters. The candidate’s opinions on certain There are many ways of being a Christian moral issues can be quite different from the citizen, but elections provide a good position of their party. opportunity for Christians to be salt and light More than at any other time, the in our society. We must pray for wisdom and candidates and the sitting MSPs will be speak out for the truth. open to listening to your views. Should they be elected they will be representing THE POLICIES OF THE POLITICAL you at Holyrood. PARTIES Think through one or two issues and have our Questions for candidates Since its inception, The Christian Institute ready in case canvassers contact you. has sought to promote the Christian faith in Limit yourself to the one or two issues the public square in six main areas – religious with which you are most concerned. Be liberty in the UK, marriage and the family, prepared to give a reason for your view. medical ethics, education, matters of public This briefing will help you get to grips with morality, and constitutional issues. the issues you are interested in. Within these broad areas, this Scottish If you speak to the candidates Election Briefing highlights some of the themselves, ask if they are willing to raise policies of the political parties currently your concerns at the Scottish Parliament, represented at Holyrood – the SNP, the 6 Scottish Conservatives, Scottish Labour, only note what they have said and the way the , the Scottish Liberal they have voted. Democrats and Reform UK Scotland. Space Christians must weigh the evidence and time constraints do not permit us to and exercise their Christian conscience, cover other parties fielding candidates. remembering that: “If any of you lacks The parties set out their policies in wisdom, he should ask God, who gives their manifestos, official policy documents, generously to all without finding fault, and it or resolutions determined by their party will be given to him” (James 1:5). conferences. The Christian Institute’s Scottish election website will link to the 2021 manifestos of the parties covered in  For contact information about this publication as they become available: candidates and parties, visit: whocanivotefor.co.uk christian.org.uk/scottishelection Obviously the Scottish Government’s  actions are there for all to see. Since the For party manifestos (as available) and other election information, visit: opposition parties have not been in a christian.org.uk/scottishelection position to implement their ideas, we can

7 Scottish National Party snp.org

The Scottish National Party (SNP) has been in Government in Scotland since 2007. It currently has 61 MSPs in the Scottish Parliament. The Party’s leader, MSP, is First Minister. The SNP has 44 MPs at Westminster.

RECORD AS SCOTTISH GOVERNMENT 2007-2021

Hate crime – The Scottish Government The sectarianism legislation was repealed introduced the and Public Order in 2018 – the SNP voted against repeal.9 (Scotland) Bill in 2020. The Bill extended the See More Information. law on ‘hate crime’, including on grounds of , sexual orientation and transgender Covid church closures – During the identity. New ‘stirring up hatred’ offences coronavirus outbreak, the Scottish were widely criticised for endangering free Government outlawed gathered public speech.5 As originally tabled, the legislation worship for several months, including would have criminalised words or behaviour in 2021, later than any other part of the perceived to be “abusive” and “likely” to UK. When public worship was allowed, stir up hatred. The Government agreed to attendance was restricted to 50 or 20 amend the Bill during its passage, including depending on an area’s infection rate, strengthening free speech protections and regardless of the size of the church building.10 requiring intention to stir up hatred for an offence to be committed.6 However, it Smacking – The SNP strongly supported the rejected a defence for private conversations Bill that criminalised parents for reasonable in the home.7 The Bill passed in March 2021. chastisement.11 It came into force in See More Information. November 2020.12 See More Information. A 2018 Scottish Government campaign against hate crime that included a poster Named Person – In 2014 the SNP addressed “Dear Bigots” was criticised as Government passed legislation to give every singling out religious believers.8 child in Scotland a ‘named person’ – a state employee – to oversee their ‘wellbeing’ or Free speech – The SNP’s Criminal Justice happiness. The Supreme Court ruled in 2016 and Licensing (Scotland) Bill in 2009 and that the scheme breached the right to a sectarianism Bill in 2011 gave rise to serious private and family life. The SNP repealed the free speech concerns, but were amended statutory scheme in 2019, after being unable during their passage to include protections. to make it lawful and workable.13

8 SNP Same-sex marriage – A Government Bill to introduce same-sex marriage was passed in the Scottish Parliament in 2014. SNP MSPs were given a free vote on the Bill; 56 SNP MSPs voted for the Bill and seven voted against it. The Government denied that there was any need for amendments to protect religious liberty and freedom of speech.21 See More Information.

Transgenderism – In late 2019, the Scottish  Nicola Sturgeon MSP, First Minister Government launched a consultation on a draft Bill to allow self-declaration of legal Home education – Guidance published by sex. The consultation also asked for views on the SNP Government in 2007 upheld the lowering the age for changing legal sex from right of parents to home educate and denied 18 to 16.22 Legislation was paused because that child protection problems are any more of the Covid pandemic. The Government likely to arise with home-educated children supports a third option for passports, than those educated at school.14 In 2019 the and amending the Equality Act to explicitly Government announced plans to review the protect “all trans and non-binary people”.23 guidance, including a consultation that is yet to take place.15 Assisted suicide – The SNP gave its MSPs a free vote on a Member’s Bill to legalise Religious education – As part of the Scottish assisted suicide in 2015. Nicola Sturgeon Government’s Curriculum for Excellence, voted against the Bill, having questioned paganism was introduced into religious how such legislation could contain sufficient education classes for the first time in 2012.16 safeguards.24 The 2021 manifesto promises to set up a Citizen’s Assembly “to help find Sex education – Government guidance from consensus” on contentious issues, including 2014 on Relationships, Sexual Health and ‘assisted dying’.24a See More Information. Parenthood (RSHP) education emphasises children’s rights at the expense of parental Organ donation – The SNP Government involvement.17 The guidance is set to be legislated for an opt-out organ donation revised to cover various themes relating to system in the Human Tissue (Authorisation) LGBT lifestyles.18 The Scottish Government (Scotland) Act 2019.25 See More Information. defended an RSHP online resource that parents have said promotes masturbation Abortion – In 2020 the Government and pornography.19 introduced early home abortions during the coronavirus pandemic and consulted on LGBT education – In November 2018 the making the move permanent.26 In the 2020- SNP Government announced that Scotland 2021 Programme for Government it pledged would be the first country in the world to “improve access to abortion”.27 In 2017 the to embed LGBT education across the Scottish Government offered to cover the curriculum.20 cost of abortions for Northern Irish women on the NHS in Scotland.28 SNP 9 Abuse of trust – In 2018, the Scottish 2010, the SNP introduced an offence of Government consulted on extending the possessing extreme pornography. existing definition of a ‘position of trust’ in the Sexual Offences (Scotland) Act 2009 to Drugs – Nicola Sturgeon has pledged to better protect children.29 The law has not yet improve funding for rehab services.33 The been extended. Government wants to be able to introduce facilities where drug addicts can inject Sexual Offences (Scotland) Act 2009 – The themselves and wants to make heroin- Bill originally proposed by the SNP minority assisted treatments more widely available.34 Government would have legalised oral sex The 2021 manifesto promises to set up a between teenagers, but the Government Citizen’s Assembly “to help find consensus” moved an amendment to close the loophole on issues including the decriminalisation of after a parliamentary committee scrutinising drugs.34a The SNP Government introduced the Bill raised concerns. See More Information. new limits to tackle drug-driving in October 2019.35 Prostitution – In September 2020 the Cannabis – In 2003 the party supported Minister for Community Safety published the UK Government’s reclassification of a consultation asking for views on how to cannabis from class B to class C.36 However, end the demand for prostitution. It outlined in 2008 an SNP minister in the Scottish the Government’s view that it is a form Government welcomed the decision to return of violence against women.30 In 2015 the cannabis to class B.37 In May 2016, Nicola Scottish Government passed legislation Sturgeon said: “Cannabis is not a harmless to tackle human trafficking but resisted substance. I am not in favour of general amendments on criminalising the purchase decriminalisation but I do think there is a of sex.31 The SNP supported the Prostitution specific case for medicinal use.” 38 (Public Places) (Scotland) Act 2007 which strengthened the law against prostitution in Alcohol – The SNP Government passed the Scotland.32 See More Information. Alcohol (Minimum Pricing) Scotland Act 2012. The Act allows for a minimum price per Pornography – As part of its Criminal unit of alcohol and was implemented in May Justice and Licensing (Scotland) Act 2018.39 See More Information.

SNP POLICIES

Islamophobia – The SNP has adopted the affect the ordinary work of churches. See All-Party Parliamentary Group on British More Information. Muslims’ definition of ‘Islamophobia’.40 Transphobia – The SNP national executive LGBT ‘conversion therapy’ – The Party is has adopted a definition of transphobia that committed to pushing for Westminster law would see Party members punished for using reform “to ban and prevent the practice of words, forms of address or pronouns that do LGBTI conversion therapy”.41 Depending on not correctly reflect the gender with which drafting, there are concerns this could someone identifies.42

10 SNP LGBT rights – The SNP has said that in an Gambling – In 2019 the SNP’s manifesto independent Scotland it would embed LGBTI pledged to “press for greater devolution rights in a written constitution.43 of gambling regulation to the Scottish Parliament”, put pressure on the UK Marriage allowance – The SNP is against Government to “stop underage gambling on marriage tax breaks.44 video games” and “support a full public health inquiry into gambling related harm”.47 ‘Do Not Resuscitate’ orders – In 2020 the First Minister said “no one should receive Constitution – The SNP campaigns for an a DNR form out of the blue without… independent Scotland. The Party’s 2019 sensitive discussions having taken place, manifesto pledged to oppose the repeal of and absolutely nobody should feel under the Human Rights Act.48 any pressure to complete such a form.”45 See More Information. – The SNP committed in its 2019 manifesto to abolishing the Drugs – In October 2019 the SNP conference “undemocratic” House of Lords.49 backed a resolution to decriminalise the possession and consumption of drugs.46

SNP STANCE ON ISSUES AT WESTMINSTER

Human Fertilisation and Embryology Act LGBT envoy – The SNP has pledged to “press 2008 – SNP MPs had a free vote on the Bill, for the establishment of a special envoy to including on abortion.50 promote the rights of LGBTI people, and to make LGBTI equality an integral part of UK GM babies – When the House of Commons foreign policy.”53 voted on plans to allow genetically modified babies with three or four parents, four SNP Abortion – In July 2019 Nicola Sturgeon gave MPs voted in favour; two voted against. her support to SNP MPs voting to legalise abortion in Northern .54 Sexual Orientation Regulations 2007 (SORs) – At the time the SORs were being Gambling – The SNP spoke out against the considered, the Party said Roman Catholic Gambling Act 2005.55 In November 2018 adoption agencies should be free to refuse to SNP MPs were involved in a cross-party place children with same-sex couples.51 effort to force an earlier introduction of a reduced maximum stake on Fixed Odds Equality Act 2010 – The SNP offered general Betting Terminals.56 support for the legislation.52 SNP MP John Mason moved amendments in the Commons Sunday trading – In 2016 SNP MPs voted to protect religious liberty, making clear that against the Government’s plans to relax he did so as a backbench MP and not on Sunday trading.57 The party supports Sunday behalf of his party. trading in principle, but did not want Scottish workers to be adversely affected by the legislation for England and Wales.58 SNP 11 Scottish Conservatives scottishconservatives.com

The Scottish Conservatives currently have 30 MSPs. The leader of the Scottish Conservatives is Douglas Ross MP. The leader in the Scottish Parliament has been MSP, who is standing down at the election. The Conservative Party has 365 MPs in the House of Commons, including its leader, UK Prime Minister .

SCOTTISH CONSERVATIVES PARTY POLICIES

Hate crime – Scottish Conservatives raised Named Person – The Scottish Conservatives concerns about the impact of the Hate opposed the now-repealed Named Person Crime and Public Order (Scotland) Bill on provisions.62 Conservative MSPs abstained free speech. Justice spokesman on the legislation as a whole, saying that described the ‘stirring up hatred’ provisions they did not want to oppose the other as “dangerous”.59 He tabled amendments to things in the Bill.63 remove these sections from the Bill and to exempt private conversations in the home. Education – The 2016 manifesto said that These were rejected and the Conservatives school inspections “should specifically ask voted against the final Bill at Stage 3. The about action on LGBT issues as opposed to Party’s 2021 manifesto commits to repeal the simply broad equality matters”.64 legislation.59a Sex education – In 2018 the Party’s Sectarianism Bill – The Scottish education spokeswoman acknowledged Conservatives voted against the Offensive parents’ concerns that some content of Behaviour at Football and Threatening sex education lessons might not be age- Communications (Scotland) Act 2012 and appropriate.65 supported its repeal in 2018.60 Same-sex marriage – At Holyrood, Scottish Smacking – Each Conservative MSP voted Conservative MSPs had a free vote on against the Children (Equal Protection redefining marriage. Seven voted in favour of from Assault) (Scotland) Act 2019 at least the Marriage and Civil Partnership (Scotland) once. Just before the law came into effect Bill and eight voted against. at the end of 2020, a Party spokesman said that the previous law was “entirely sufficient” to tackle abuse and that parents risk being criminalised.61

12 SCOTTISH CONSERVATIVES Abortion – In 2019, a Scottish Conservatives spokesperson said: “Our position is that the current set-up in Scotland in relation to abortions is appropriate, and we are not seeking to change that.”70

Prostitution – The Party supported the Prostitution (Public Places) (Scotland) Act 2007 to strengthen law against prostitution in Scotland. Party spokesmen have said there needs to be a debate on the issue,71  Douglas Ross MP, Scottish Conservative leader that it is not “healthy or cohesive for any community”, and that it is vital to address Transgenderism – Scottish Conservative the drivers behind it.72 MSPs have raised concerns about the proposals to make it easier to change legal Drugs – The Scottish Conservatives say sex. Spokesperson has said they would review the current methadone that before amending the law, “we need to treatment regime, and redirect funds into consider all the evidence and examine the “rehabilitation, recovery and abstinence”.73 detail of any changes”.66 Deputy Leader Annie Wells has called on the Scottish Government to increase the number Assisted suicide – Conservative MSPs of rehab beds.74 were given a free vote on the late Margo MacDonald’s Bill to legalise assisted Alcohol – The Party supported the Alcohol suicide in 2015. Of the 15 Conservative (Minimum Pricing) (Scotland) Act 2012, MSPs at the time, 13 voted against the Bill, which allows for a minimum price per unit of including Ruth Davidson. Davidson has alcohol (see More Information).75 Since then, since said she has become convinced that the Party has said that unless improvements the law should change.67 in drinking behaviour are apparent, the policy should be scrapped.76 Organ donation – Party spokesperson MSP welcomed the Human Constitution – The 2019 Scottish Tissue (Authorisation) (Scotland) Act, which Conservative manifesto said the party introduced an opt-out organ donation would “update” the Human Rights Act.77 system in Scotland. The Party also pushed for a “consistent marketing campaign” to ensure House of Lords – The 2019 manifesto “maximum understanding of the idea of pledged to review the role of the House expressed consent”.68 of Lords.78

‘Do Not Resuscitate’ orders – The Scottish Conservatives health spokesperson has called for an inquiry into the “widespread” use of Do Not Resuscitate orders for elderly people during the Covid-19 pandemic.69

SCOTTISH CONSERVATIVES 13 CONSERVATIVE RECORD AT WESTMINSTER

The Conservatives have been in Government at Westminster since 2010. From 2010 to 2015, the Conservatives were coalition partners with the Liberal Democrats.

Covid church closures – During the GM babies – The Coalition introduced coronavirus outbreak, the Conservative regulations under the 2008 HFE Act Government outlawed gathered public in February 2015 allowing genetically worship for several months. modified babies with three or four parents. See More Information. LGBT ‘conversion therapy’ – The Conservative Government says it is Abortion – In 2020 the Government “committed” to “ending the practice of introduced early home abortions during conversion therapy” and will “consider all the coronavirus pandemic and consulted options”.79 Depending on drafting, there are on making the move permanent. In July concerns this could affect the ordinary work 2019 the Government allowed time for of churches. See More Information. amendments to be discussed that led to abortion on demand being introduced Same-sex marriage – The coalition in Northern Ireland. Conservative MPs Government passed the Marriage (Same Sex were given a free vote. The Province had Couples) Act 2013 for England and Wales. previously had the most pro-life abortion Though it was supposed to be a free vote laws in the UK. for Government MPs, there were reports of undue pressure put on Conservative MPs.80 Gender Recognition Act 2004 – The In July 2019 the Government allowed time Conservative Party had a free vote on this for amendments to be discussed that led issue, though the frontbench spokesman to same-sex marriage being legalised in voted for it. The Party also permitted a Northern Ireland. Conservative MPs were free vote on an amendment to protect given a free vote. churches from the effects of the Act. In 2018 the Westminster Government Marriage allowance – The coalition consulted on making it easier to change Government introduced a tax break for legal sex in England and Wales, but married couples from April 2015, now worth dropped the plans in 2020. around £250 a year. Sexual Orientation Regulations 2007 Divorce – In 2020 the Westminster (SORs) – The then Conservative leader Government passed the Divorce, Dissolution voted for the SORs and Separation Act, which introduces ‘no- and said that Roman Catholic adoption fault’ divorce in England and Wales. agencies would have to comply with the law.81 Conservative MPs and Peers were Human Fertilisation and Embryology Act given a free vote. 2008 – Conservative MPs had a free vote on the Bill, including on abortion.

14 SCOTTISH CONSERVATIVES Equality Act 2010 – Conservative MPs and Peers were whipped to support an amendment by Lady O’Cathain maintaining existing employment exemptions for churches, but the Party gave its general support to the Bill as a whole.82

Gambling – In 2005, the Party did not oppose the then Labour Government’s Gambling Act. The Westminster Government is now reviewing the Act, having expressed concern that it is not “fit for the digital age”.83

Constitution – The Coalition’s Succession to the Crown Act 2013 changed the law relating to royal succession, allowing a future monarch to marry a Roman Catholic.

SCOTTISH CONSERVATIVES 15 Scottish Labour scottishlabour.org.uk

The Scottish Labour Party has 23 MSPs. MSP became leader of Scottish Labour in February 2021, replacing MSP. Labour currently has 199 MPs at Westminster.

SCOTTISH LABOUR PARTY POLICIES

Hate crime – Scottish Labour supported Sex education – In its 2017 manifesto, the overall principles of the Hate Crime Scottish Labour committed to including and Public Order (Scotland) Bill, but raised “LGBTI relationships and sexual health” free speech concerns about the ‘stirring up within sex education.88 hatred’ offences as originally drafted.84 The Party welcomed the additional safeguards Same-sex marriage – Scottish Labour introduced and backed the final legislation.85 supported the introduction of same-sex marriage in 2014. Labour MSPs were given a Sectarianism Bill – In 2017, Labour MSP and free vote, and 31 voted to redefine marriage spokesman James Kelly introduced a Bill to in Scotland, while three voted against. The repeal the Offensive Behaviour at Football 2017 manifesto said “it was only through and Threatening Communications (Scotland) Labour votes that equal marriage became law Act 2012. Labour MSPs voted for the Bill. across the UK”.89 See More Information. LGBT ‘conversion therapy’ – Scottish Smacking – Scottish Labour supported the Labour’s 2021 manifesto promises to Bill that criminalised parents for reasonable “legislate to end the cruel practice of chastisement.86 conversion therapy”.90 Depending on drafting, there are concerns this could affect Named Person – Scottish Labour MSPs the ordinary work of churches. See More voted in favour of the Children and Young Information. People (Scotland) Act 2014, containing the statutory Named Person provisions. The Transgenderism – The Party’s manifestos Party was supportive of “the principle of the have supported self-declaration of sex, named person scheme”, but later criticised legal recognition for non-binary people, and the implementation.87 lowering the minimum age for changing legal sex from 18 to 16.91 The 2019 manifesto noted the Government consultation on changing the gender recognition process

16 SCOTTISH LABOUR Prostitution – Scottish Labour’s 2016 manifesto supported “criminalising the buying of sex, decriminalising people involved in prostitution, and providing long- term support and exiting services for those exploited through prostitution”.98 The law against prostitution was strengthened by the Prostitution (Public Places) (Scotland) Act 2007, when Labour ran the Scottish Executive with its Liberal Democrat coalition partners. See More Information.  Anas Sarwar MSP, Scottish Labour leader

Drugs – Scottish Labour backed the SNP’s and said Scottish Labour would “listen ‘safe injection space’ proposals in 2018 carefully to the submissions and debate as and supports a focus on “harm reduction the legislation progresses”.92 rather than criminalisation”.99 In 2020, health spokeswoman called Assisted suicide – Labour MSPs were for “urgent funding” to “boost access to given a free vote on Margo MacDonald’s treatment and residential rehab”. She added Assisted Suicide (Scotland) Bill in 2015. that the Scottish Government “must get Five Labour MSPs voted in favour of the behind safe consumption facilities”.100 Bill, while 31 voted against. Alcohol – Labour abstained on the Alcohol Organ donation – Scottish Labour supported (Minimum Pricing) (Scotland) Act 2012, the Human Tissue (Authorisation) (Scotland) which allows for a minimum price per unit Bill, which legislated for an opt-out organ of alcohol (See More Information). The 2021 donation system.93 See More Information. manifesto supports “reducing consumption through licensing, marketing restrictions, ‘Do Not Resuscitate’ orders – Former labelling and affordability” and a “social Scottish Labour leader Richard Leonard called responsibility levy on alcohol sales”.101 for more transparency and better record keeping on the use of DNR forms.94 The Gambling – The Party’s 2019 manifesto party has stated that those in care homes sought to: “curb gambling advertising in should be treated the same as everyone else sports and introduce a new Gambling Act when diagnosed with Covid-19, and called fit for the digital age, establishing gambling for an end to blanket DNR letters to care limits, a levy for problem gambling home residents.95 funding and mechanisms for consumer compensations”.102 (See also Record at Abortion – The Party’s 2021 manifesto Westminster before 2010 overleaf). supports “access to a safe, legal abortion” for all women and commits to creating “buffer zones around clinics”.96 Scottish Labour supported extending abortion to Northern Ireland.97

SCOTTISH LABOUR 17 Persecution of Christians – The 2015 the Succession to the Crown Act 2013, manifesto committed Scottish Labour which lifted the legal bar on heirs to the to appointing a “Global Envoy for throne marrying Roman Catholics.105 Religious Freedom”.103 House of Lords – Scottish Labour has Constitution – The Scottish Labour Party said it wants to replace the House of maintains a “firm commitment to the Human Lords with “an elected Senate of the Rights Act”.104 The Labour Party supported Nations and Regions”.106

LABOUR RECORD AT WESTMINSTER BEFORE 2010

In 2008 Labour passed the Human The Equality Act 2010 consolidated all Fertilisation and Embryology Act which: discrimination laws, including the SORs, into ĥ legalised the creation of animal-human a single Act. The Bill as introduced would hybrid embryos for research; have narrowed the employment freedom of ĥ allowed the creation of ‘saviour siblings’; churches and religious organisations. The ĥ abolished the ‘need for a father’ House of Lords voted three times against the consideration before commencing IVF plans and the Labour Government gave way. treatment. The Act also places a duty on public bodies – like schools and the police – to promote Labour allowed its MPs a free vote on these homosexual and transsexual rights. three issues and on abortion, though Labour MPs were whipped to support the Bill as a The law on cannabis was downgraded whole. The legislation included regulation- by the Labour Government in 2004 – making powers to allow the birth of GM cannabis became a class C drug on a par children with three or four parents. with sleeping pills. However, in response to overwhelming evidence of cannabis The 2007 Sexual Orientation Regulations damaging mental health, it restored the (SORs) outlawed discrimination on the drug to class B in 2009. ground of sexual orientation and resulted in almost all religious adoption agencies in The Labour Government’s Gambling Act Britain becoming entirely secular bodies 2005 provided for a massive deregulation or closing down. At the time, then First of the gambling industry, allowing for a Minister Jack McConnell insisted that great multiplication of betting shops, slot Scottish Labour was in favour of an opt-out machines and internet gambling. for Roman Catholic agencies.107 The SORs have also been used to sue Christian B&B owners for operating a ‘married couples only’ policy for double rooms.

18 SCOTTISH LABOUR Scottish Liberal Democrats scotlibdems.org.uk

The Scottish Liberal Democrats have five MSPs. Their leader is MSP. The Liberal Democrats currently have eleven MPs in Westminster.

SCOTTISH LIBERAL DEMOCRATS PARTY POLICIES

Hate crime – The Scottish Liberal Same-sex marriage – All five Lib Dem MSPs Democrats supported “the overall aim at the time voted to introduce same-sex of updating hate crime law”.108 However, marriage in 2014. Justice Spokesman Liam McArthur raised free speech concerns and said the Hate LGBT ‘conversion therapy’ – The Scottish Crime and Public Order (Scotland) Bill Liberal Democrats have formally backed needed “urgent and, in places, radical a campaign to ban so-called conversion surgery”.109 All five Lib Dem MSPs voted in therapy in Scotland.112 Depending on favour of the amended Bill at Stage 3. drafting, there are concerns this could affect the ordinary work of churches. Sectarianism Bill – All five Liberal Democrat See More Information. MSPs at the time voted against the Offensive Behaviour at Football and Threatening Transgenderism – The 2021 manifesto Communications (Scotland) Act in 2012 and commits to “improve laws on gender for its repeal in 2018. recognition” based on “the principle of self- determination”, including “the recognition Smacking – The Liberal Democrats strongly of non-binary people”.113 supported the Bill that criminalised parents for reasonable chastisement and all its Assisted suicide – Scottish Liberal MSPs voted for it.110 Democrats voted in favour of assisted suicide at their Spring Conference in March Named Person – All five Lib Dem MSPs at 2015,114 but the Party’s MSPs had a free the time voted in favour of the Children and vote when it came before Holyrood later Young People (Scotland) Act 2014. in the year. Three Lib Dem MSPs voted in favour of legalising assisted suicide, while Sex education – The Scottish Lib Dems want two, including Willie Rennie, voted against. to ensure that “sexual health, parenthood and relationships education is LGBTI Abortion – The Lib Dems backed devolving inclusive in all schools”.111 abortion law to Scotland.115 Westminster MPs have previously been allowed to vote

SCOTTISH LIBERAL DEMOCRATS 19 Alcohol – The Lib Dems voted against amendments to set a minimum price for alcohol in the Alcohol etc. (Scotland) Bill (see More Information). The 2021 manifesto says the party would “link the minimum unit price of alcohol to inflation”.118

Prostitution – The Lib Dems have repeatedly called for decriminalising of  Willie Rennie MSP, Scottish Lib Dems leader prostitution.119 The law against prostitution was strengthened by the Prostitution (Public according to their conscience on lowering Places) (Scotland) Act 2007, when the Liberal the time limit for abortion from 24 weeks. Democrats were coalition partners with Labour in the Scottish Executive. Drugs – The Scottish Liberal Democrats propose to decriminalise drug possession and Human Rights Act – The Liberal Democrats treat drug use as a health issue.116 opposed plans to repeal the Human Rights Cannabis – The Party supports allowing Act and introduce a Bill of Rights.120 cannabis for personal use.117

LIBERAL DEMOCRATS STANCE ON ISSUES AT WESTMINSTER

From 2010 to 2015 the Liberal Democrats were coalition partners with the Conservatives in the Westminster Government.

Same-sex marriage – The Coalition passed Equality Act 2010 – The Lib Dems firmly the Marriage (Same Sex Couples) Act supported the Equality Bill and voted for 2013 for England and Wales. The Liberal narrowing employment protections for Democrats allowed their MPs a free vote.121 churches and religious organisations.125

Marriage allowance – Despite describing the Human Fertilisation and Embryology Act marriage tax break measure as “patronising – In 2008, Liberal Democrats were allowed drivel” before entering into coalition, the Lib to vote according to their conscience on Dems at Westminster agreed not to block lowering the time limit for abortion from 24 its introduction.122 However, they have weeks. MPs were also allowed a free vote committed to abolishing it.123 on the creation of animal-human embryos, ‘saviour siblings’ and scrapping the ‘need for Sexual Orientation Regulations (SORs) a father’ requirement for IVF children. – The Lib Dems supported the Labour Government in voting for the SORs and opposed exemptions for religious adoption agencies.124

20 SCOTTISH LIBERAL DEMOCRATS Scottish Greens greens.scot

The Scottish has five MSPs, including its co-leader MSP.

SCOTTISH GREENS PARTY POLICIES

Hate crime – The Scottish Greens supported Named Person – Both Green MSPs at the the Hate Crime and Public Order (Scotland) time voted in favour of the Children and Bill in Parliament, including criminalising Young People (Scotland) Act 2014. When ‘stirring up hatred’.126 During the the statutory scheme was abandoned in of the Bill, the Party tabled amendments to September 2019, education spokesman narrow proposed protections for free speech. MSP said that the policy of All of its MSPs voted for the final legislation. having named persons was “unquestionably legitimate” but had been ‘bungled’.127 In 2008 Patrick Harvie MSP brought forward the Offences (Aggravation by Education – Ross Greer has called on the Prejudice) (Scotland) Bill, which introduced Government to introduce “critically important tougher penalties for crimes committed LGBTI*-inclusive sex and relationships against homosexuals and transsexuals. education”.128 The party wants to ensure that See More Information. education as a whole is “LGBTI+ inclusive”.129

Sectarianism Bill – Both Green MSPs at the Same-sex marriage – The two Green MSPs time voted against the Offensive Behaviour at the time voted in favour of introducing at Football and Threatening Communications same-sex marriage in 2014. (Scotland) Act 2012 and all its MSPs voted for its repeal in 2018. LGBT ‘conversion therapy’ – The 2021 manifesto pledges to “ban so-called Smacking – Green MSP ‘conversion therapy’”.129a Patrick Harvie said: introduced a Bill that criminalises parents “Attempts to use conversion therapy of for reasonable chastisement. It came into any form against LGBT+ people stem from force in November 2020. The Scottish prejudice”, adding that it is “a form of abuse” Greens strongly supported the Bill, and all and “should be outlawed”.130 Depending its MSPs voted for it. on drafting, there are concerns that a ban could affect the ordinary work of churches. See More Information.

SCOTTISH GREENS 21 Prostitution – The Scottish Green Party advocates the total decriminalisation of prostitution.135 Green MSPs abstained on the Prostitution (Public Places) (Scotland) Bill 2007, arguing that it failed to deal with the harm and exploitation that surrounds prostitution.136

Drugs – The Scottish Greens “support the decriminalisation of the cultivation and possession of cannabis for personal  Patrick Harvie MSP, Scottish Greens co-leader use, and decriminalisation of possession of drugs that grow wild in the UK”.137 The Transgenderism – The Scottish Green Party 2021 manifesto pledges to “support the supports the self-definition of legal sex, introduction of safe consumption facilities” including “recognising non-binary identities as well as “increase the provision of and all ”.131 residential rehabilitation”.137a

Assisted suicide – Patrick Harvie MSP took Alcohol – The 2021 manifesto promises charge of Margo MacDonald’s Assisted to introduce “mandatory unit, calorie and Suicide (Scotland) Bill after her death. Both ingredient labelling and prominent health Green MSPs at the time voted for the Bill. warnings on all alcohol products” and “a See More Information. social responsibility levy on alcohol retailers”. It also says the Scottish Greens would “Ban ‘Do Not Resuscitate’ orders – Patrick Harvie outdoor alcohol advertising and advertising questioned the First Minister over concerns in public spaces and end alcohol sponsorship that ‘Do Not Resuscitate orders’ were of sports events”.137b being issued on a blanket basis. He asked for assurance that care homes and medical Constitution – The Scottish Greens would professionals would be reminded of the need campaign for an independent Scotland in a to sensitively discuss these matters with the second independence referendum.138 individuals concerned.132 The Scottish Green Party wants to “make Abortion – The Scottish Greens support sure Scotland’s Human Rights Commission the total decriminalisation of abortion.133 is strong and independent, to protect They support the provisions allowing DIY and uphold the European Convention on abortions at home.134 Human Rights”.139

22 SCOTTISH GREENS Reform UK Scotland reformuk.scot

Reform UK Scotland has one MSP, Michelle Ballantyne. A Conservative MSP until November 2020, Ballantyne was made leader of Reform UK Scotland in January 2021. Reform UK was formerly known as ‘The Party’.

REFORM UK SCOTLAND PARTY POLICIES

Hate crime – Reform UK Scotland says that it would repeal the Hate Crime and Public Order (Scotland) Bill.140 It says: “The basic right of freedom of thought and worship is fundamental… The right to disagree in a reasoned and respectful manner is fundamental and not negotiable in a free society.”141 Ballantyne voted against the Bill at Stage 3.

Smacking – Ballantyne (while a Conservative member) voted against  Michelle Ballantyne MSP the Bill that criminalised parents for reasonable chastisement. Drugs and alcohol – Ballantyne (while Named Person – Ballantyne (while a a Conservative member) called for Conservative member) opposed the Named reform of Scotland’s drugs and alcohol Person scheme, which she called “poorly policy. She has spoken in opposition designed” and “unnecessary”.142 to long-term methadone use and the normalisation of drugs and alcohol use in Assisted suicide – As convener of the the family.145 She has stated support for Cross-Party group on End of Life Choices, minimum alcohol pricing.146 Michelle Ballantyne has sought to change Scotland’s law on assisted suicide.143 She formerly served on the council of ‘Friends at the End’, a group campaigning to legalise assisted suicide.144

REFORM UK SCOTLAND 23 More information about legislation and public policy

protection for religious debate. Additional RELIGIOUS LIBERTY IN THE UK amendments to further strengthen the free speech safeguards and create an exception Free speech and hate crime for conversations in the home were rejected. The final Bill was passed by 82 votes to 32 Hate Crime and Public Order in March 2021. (Scotland) Bill 2021 The most serious forms of hate crime are Offensive Behaviour at Football ‘incitement to hatred’ offences. Before the and Threatening Communications Hate Crime and Public Order (Scotland) Bill Act 2012 (‘Sectarianism Bill’) 2021, these only covered race in Scotland. In June 2011 the Scottish Government The Scottish Government commissioned brought forward a Bill aimed at tackling retired judge Lord Bracadale to conduct sectarian violence in Scotland, particularly in a review of hate crime legislation. He relation to football matches. The Offensive reported in 2018. After consulting on Behaviour at Football and Threatening its implementation of Lord Bracadale’s Communications (Scotland) Bill sought recommendations, the Scottish Government to outlaw various types of threatening brought forward the Hate Crime and Public behaviour, but it also sought to criminalise Order (Scotland) Bill in April 2020. communications intended to stir up religious Part 2 of the Bill created incitement hatred. This raised significant religious liberty to hatred offences on various protected and free speech concerns. The Christian characteristics: race, sexual orientation, Institute lobbied for the inclusion of a free transgender identity, religion, disability, age speech clause in the offence. and variations in sex characteristics (known The Scottish Government introduced a as ‘intersex’). The original Bill covered free speech clause through an amendment. abusive behaviour deemed ‘likely’ to stir up This ensured that evangelism, discussions hatred. It included free speech clauses on about faith and criticism of other religion and sexual orientation, but not the would not be caught within the remit of controversial issue of transgender identity. the Bill. In December 2011, the Bill was Significant and sustained objections passed into law by 64 votes to 57 – all the to the Bill as drafted led to a series of opposition parties opposed the legislation. concessions during the parliamentary After implementation, the Act remained process. On most protected characteristics – controversial. It was criticised by sheriffs and including the contentious issues of religion, a large proportion of cases brought under it sexual orientation and transgender identity led to acquittals. In 2017, Labour MSP James – intent to stir up hatred will have to be Kelly introduced a Member’s Bill to repeal shown for an offence to be committed. A the 2012 Act. This was passed by 62 votes to free speech clause was added that covers 60 in March 2018 – all the opposition parties transgender identity and strengthens supported repeal. 24 The Criminal Justice and Licensing Crime and Public Order (Scotland) Bill 2021 (Scotland) Act 2010 as part of consolidating hate crime legislation. The Criminal Justice and Licensing (Scotland) Bill was introduced by the SNP minority LGBT ‘conversion therapy’ Government in March 2009. The Westminster Government has promised At Stage 2 the Government tabled an to ban LGBT ‘conversion therapy’. At the amendment aimed at prosecuting stalking time of writing, the Government has not and domestic abuse, but which was more been clear about what the proposed ban will akin to a general public order offence. The cover. The Westminster ban is expected to wording would have caught a huge range extend to Scotland. The Scottish Government of conduct and gave rise to serious free has said it “fully supports moves by the UK speech concerns. At its worst, the draft Government to end conversion therapy” and offence would have criminalised private that “officials here are engaging with the UK behaviour which was not intended to cause Government as they develop proposals”.148 fear, alarm or distress, and caused no one The ‘End Conversion Therapy Scotland’ fear, alarm or distress. campaign is inviting Scottish political parties In the face of concerns, the Scottish and candidates to sign up to their pledge Government brought forward an alternative, to introduce a criminal ban on conversion narrower proposal that omitted reference to therapy.149 It says: “Conversion therapy aims distressing behaviour. At its lowest threshold, to change or suppress an individual’s sexual it catches ‘abusive’ speech which is likely orientation, to repress or reduce their sexual to cause ‘alarm’ to a reasonable person. It attraction or behaviours, or to change an became Section 38 of the Criminal Justice individual’s gender identity to match the and Licensing (Scotland) Act, which received sex they were assigned at birth.”150 Scottish Royal Assent on 6 August 2010. LGBT activists say that: “Legislation should ban conversion therapy practices that take Offences (Aggravation by Prejudice) place in both the public and private sphere, (Scotland) Act 2009 including those performed by healthcare Patrick Harvie introduced the Offences professionals and within faith communities… (Aggravation by Prejudice) (Scotland) Bill There should be no restrictions on who is on 19 May 2008 as a ‘Handout Bill’ – a protected by the ban. Children and adults, Member’s Bill which is sponsored and deemed vulnerable or not, must be protected, supported by the Government.147 It including those who ‘consented’.”151 introduced stronger sentences for crimes Many of those calling for a ban have been committed against homosexuals and clear that it should cover prayer, preaching transsexuals, where it was shown that the and pastoral conversations that disagree with offence was motivated by malice and ill-will LGBT theology. Everyday church life would based on sexual orientation or transgender be beset by the risk of prosecution. identity. The Bill did not introduce any new offences. There were concerns that the Islamophobia proposals could undermine free speech and The All-Party Parliamentary Group on religious liberty by giving LGBT groups a legal British Muslims published a definition mechanism for targeting those who disagree of ‘Islamophobia’ in November 2018: with them. The Bill received Royal Assent “Islamophobia is rooted in racism and is a on 8 July 2009. It was replaced by the Hate type of racism that targets expressions of 25 Muslimness or perceived Muslimness”.152 This to protect the core activities of churches, it definition was adopted by several political is now unlawful in some circumstances for parties but was rejected by the Westminster Christians to act according to their religious Government. An open letter to the Home belief that homosexual practice is morally Secretary criticised the definition as not wrong. The SORs have been used to sue being fit for purpose and carrying the danger Christian owners of a bed and breakfast for of being used to “shut down legitimate operating a ‘married couples only’ policy for criticism and investigation”. The letter had double rooms. The 2006 Northern Ireland more than 40 signatories, including the SORs led to the court case against Ashers National Secular Society, Richard Dawkins, Baking Company for declining to produce a Peter Tatchell, Bishop Michael Nazir-Ali and cake with the slogan ‘Support Gay Marriage’. Baroness Cox.153 The SORs have also forced almost all the faith-based adoption agencies in Great Employment laws Britain to either close or secularise. In 2003 the Labour Government introduced special employment rights for homosexuals, Equality Act 2010 having agreed to an EU Directive in this area. The Equality Bill debated by Parliament After a long campaign by church schools, in 2009-10 sought to consolidate all churches and Christian organisations, discrimination laws, including the SORs, into the Government gave an exemption in a single Act. Yet the Labour Government’s the UK laws so that such bodies are not Bill as introduced would have narrowed forced to employ practising homosexuals. the employment freedom of churches and Nevertheless, the legislation makes it more religious organisations even further than difficult for church schools, churches and the 2003 employment laws (see above). The Christian organisations to refuse to employ Government was defeated three times in the staff whose conduct does not match their House of Lords, preventing any narrowing of Christian profession. the 2003 laws. Also in 2003, the Government introduced similar regulations covering ‘religion or belief’, removing the absolute MARRIAGE AND THE FAMILY discretion of churches to employ believers in whatever posts they see fit. In theory the Same-sex marriage regulations give employment protection for The Marriage and Civil Partnership (Scotland) religious believers in secular workplaces, Act 2014 introduced marriage for same-sex but the greatest concern has been the couples in Scotland and the first ceremonies potential to restrict the freedom of took place on 31 December 2014. Christian organisations to employ believers. The Scottish Government’s Bill was published at the end of June 2013 with Sexual Orientation Regulations 2007 (SORs) few protections for those who disagree The Labour Government introduced the with the redefinition of marriage. The Sexual Orientation Regulations in April Scottish Parliament’s Equal Opportunities 2007. The SORs outlaw discrimination on Committee published its Stage 1 report the ground of sexual orientation in the on 8 November, stating that a “minority provision of goods, facilities and services. of the committee does not support the Although religious exemptions were included Bill because they disagree in principle 26 or because they are not convinced that sex to change legal sex, including on their adequate protections are in place”.154 birth certificate. The Stage 1 debate took place on 20 There have been increasing calls to November 2013. 15 MSPs voted against the liberalise the 2004 Act, in particular so Bill, including three Government ministers. people can change their legal sex without Five MSPs abstained and 98 voted in any need for a medical diagnosis (‘self- favour. The Equal Opportunities Committee declaration’). There are also calls for the considered amendments at Stage 2 but all minimum age for changing legal sex to amendments seeking protections for those be reduced from 18 to 16, and for legal who support traditional marriage were lost. recognition for those who say they are The final stage of the Bill, Stage 3, neither male nor female (‘non-binary’). took place on 4 February 2014. Various In 2017 the Scottish Government amendments were lodged aiming to protect launched a consultation on a proposal to the civil liberties of people who believe in allow self-declaration of legal sex. There traditional marriage, but all were voted down. were over 15,000 responses. Of those The final vote was 105 in favour of same-sex answering the relevant question, 60 per cent marriage and 18 against. All five party leaders were in favour of the plans.157 In late 2019, at the time voted to redefine marriage. the Scottish Government launched a further consultation on a Bill to allow anyone to Marriage tax breaks change legal sex by self-declaration within In April 2014 Westminster MPs voted 279 just six months and remove the need for a to 214 in favour of a tax break for married medical diagnosis of gender dysphoria. It also couples and civil partners throughout the asked for views on lowering the minimum UK. The transferable tax allowance, which age for changing legal sex from 18 to 16. became available on 6 April 2015, was worth In April 2020, the Scottish Government up to £250 in 2020-21.155 announced that the plans were being put on hold due to Covid-19.158 Parental smacking Parents throughout the UK have been able Named Person to use a loving smack under the defence of The Children and Young People (Scotland) ‘reasonable chastisement’ or ‘reasonable Act was passed on 19 February 2014. Part punishment’. John Finnie MSP brought 4 of the Act introduced the Named Person forward the Children (Equal Protection from scheme, under which every child in Scotland Assault) (Scotland) Bill, a Member’s Bill, in was to be assigned a state-employed official September 2018. This abolished the defence. responsible for monitoring their “wellbeing”. It was passed by 84 votes to 29 in October The named person was to be a health visitor 2019. All parental smacking in Scotland was or senior teacher and the proposal covered criminalised when the Act came into force on children from birth to the age of 18. Their 7 November 2020. functions cut across the proper role of parents and were not subject to parental Transgenderism consent or even knowledge. The UK’s Gender Recognition Act 2004 Concerns were expressed about the allows an adult who has been diagnosed Named Person proposals by several key with “gender dysphoria”156 by two doctors groups, including the Law Society of and has lived for two years in the opposite Scotland and the Faculty of Advocates, 27 and opposition to the plans continued to Sexual Offences (Scotland) Act 2009 emerge.159 Following legal advice that the In December 2007 the Scottish Law Named Person scheme might be unlawful Commission recommended lowering the age under Article 8 of the European Convention of consent for full sexual activity to 13 where on Human Rights, The Christian Institute the parties were both under 16.160 and others launched a judicial review of the The Scottish Government consulted on legislation. We argued that the blanket nature the Law Commission recommendations in of the scheme constituted a disproportionate early 2008 and published its Sexual Offences and unjustified interference with the right to (Scotland) Bill in June 2008. a private and family life and with freedom of The Bill kept the age of consent at 16. thought, conscience and religion. The case However, the Bill legalised oral sex and also highlighted the problem of the extremely other sexual activity for teenagers. The low threshold for sharing of personal data. Bill would have allowed a 16-year-old and The judicial review of the legislation 14-year-old, or 15-year-old and 13-year- was dismissed twice in the Scottish courts: old, to engage in sexual activity short of full by Lord Pentland in January 2015, then by vaginal or anal intercourse. Lords Carloway, Malcolm and Bracadale in The Scottish Government tabled September 2015. amendments to include oral sex in the scope But in July 2016 five UK Supreme of the offences and remove the two-year Court judges unanimously struck down age gap defence with regard to oral sex. the central provisions of the scheme. The Scottish Parliament passed the Sexual The Court stated that the data sharing Offences (Scotland) Bill on 10 June 2009 and provisions in the Children and Young it received Royal Assent on 14 July 2009. People (Scotland) Act were in breach of Under the Act oral sex remained an the right to a private and family life under offence for under-16s but masturbation and Article 8 of the European Convention on groping were legalised for children aged 13 Human Rights. It also ruled that it had to or over where there are no more than two be made clear that any advice offered by a years between the participants. named person is entirely optional. The Scottish Government brought forward the Children and Young People MEDICAL ETHICS (Information Sharing) (Scotland) Bill in June 2017 in an attempt to make the original Act Abortion compliant with the Supreme Court ruling. Abortion law was devolved to the Scottish The Bill was scrutinised by the Scottish Parliament by the Scotland Act 2016. Parliament’s Education and Skills Committee, The present law allows abortion up to which refused to allow it to proceed until 24 weeks’ gestation, but permits abortion there was greater clarity around how the up to birth where the child may have ‘a scheme would work. serious handicap’. What constitutes a serious In September 2019, Education Secretary handicap has not been defined. The diagnosis said the Scottish Government of a comparatively trivial deformity, such as a would repeal parts of the Children and Young cleft palate, has been used as a ground for an People (Scotland) Act 2014, bringing a formal abortion.161 Overall in 2019 in Great Britain, end to the statutory scheme. 98 per cent of the 223,102 legal abortions were carried out for social reasons.162 28 In 2008 during the passage of the Human GM babies Fertilisation and Embryology Bill (see below), The HFE Act permitted future regulations pro-life MPs sought a reduction in the upper allowing scientists to create genetically gestational time limit for abortion from the modified children for women who have current limit of 24 weeks. Several votes to mitochondrial disease. In February 2015 the lower this were sadly lost. UK became the first country in the world In July 2019, MPs at Westminster to legislate for techniques to create GM voted to liberalise abortion law in Northern children with three or four parents.165 The Ireland, if the Stormont institutions were not procedures involve germline modification restored by 21 October 2019. This led to the which will affect future generations in most liberal abortion regime in the UK being unknown ways. The first licence to create imposed on the Province. three and four-parent babies was granted From October 2018, the Scottish by the Human Fertilisation and Embryology Government began permitting pregnant Authority in March 2017.166 women to take the second of two pills for a chemical abortion at home. The first was Assisted suicide/euthanasia still administered in a clinical setting. This Euthanasia by acts of commission, such as change was unsuccessfully challenged in the by administering a lethal injection, is illegal courts. During the Covid-19 outbreak, the in the UK, as is assisting someone to commit Scottish Government changed the law to suicide. Pro-euthanasia campaigners have allow both pills for a chemical abortion to be made repeated attempts to change the law. taken at home if the woman was less than In January 2010 the late Independent twelve weeks pregnant. This was said to be MSP Margo MacDonald proposed the End of a temporary, emergency measure. However, Life Assistance (Scotland) Bill which sought in September 2020 the Scottish Government to allow the terminally ill or people who are launched a consultation on making the permanently incapacitated to seek assistance change permanent. At the time of writing, no in ending their lives. MSPs voted 85 to 16 final decision has been announced. against the Bill in a free vote at Stage 1. There were two abstentions but all the main Human Fertilisation and party leaders at the time voted against the Embryology (HFE) Act 2008 Bill, which then fell. This became law in November 2008, On 13 November 2013, Margo liberalising UK law covering the use of MacDonald introduced the Assisted Suicide embryos. The most controversial elements (Scotland) Bill. Following her death, the included allowing scientists to create animal- Bill was taken over by Green MSP Patrick human hybrid embryos, permitting the Harvie. The Bill proposed allowing licensed selection of embryos to be born as ‘saviour ‘facilitators’ to give lethal drugs to people siblings’ for a child with a serious medical as young as 16 whose quality of life is condition, and abolishing ‘the need of a child “unacceptable” because of a terminal illness for a father’ requirement in IVF.163 The work or progressive life-shortening condition. on animal-human hybrids was abandoned as The Bill faced criticism from leading a failure a year after the Act was passed.164 medical professionals. Dr Gordon Macdonald from Care Not Killing warned the Bill was “unnecessary, unethical and

29 dangerous”,167 and a petition opposing CPR – not any other medical procedure – legalising assisted suicide in Scotland and reflect either: a) a patient’s preference reached over 15,000 signatures. not to have it performed; or b) a senior MSPs were allowed a free vote and clinician’s opinion that CPR would not be on 27 May 2015 the Scottish Parliament appropriate in the patient’s case. They can resoundingly rejected the Assisted Suicide be used legitimately to prevent overzealous (Scotland) Bill by 82 votes to 36.168 The intervention that is unlikely to succeed. Scottish leaders at the time of the SNP, DNRs should always be made on Conservatives, Labour and Lib Dems all an individual basis and never due to a voted against the Bill. blanket policy.171 During the Covid-19 outbreak, evidence Organ donation emerged of blanket use of DNRs for elderly On 11 June 2019 the Scottish Parliament and disabled patients. The Westminster passed the Human Tissue (Authorisation) Government requested the Care Quality (Scotland) Act 2019. This creates a presumed Commission to undertake a review, and a consent system for organ donation, also final report outlining a number of failures known as an ‘opt-out’ system. It replaced the was released in March 2021. The majority of previous ‘opt-in’ framework and came into concerns relate to DNRs put in place without force in March 2021. It means that when a full consultation with the patient or their competent adult has not recorded an opt-in family. There were also a number of cases or opt-out decision, they may be deemed to where DNRs appear to have been applied have authorised donation of their organs and to cohorts of people, for example all the tissue after their death for transplantation. residents of some care homes.172 The Scottish Government states that: “Under the opt out system, families of potential donors will always be consulted to check PUBLIC MORALITY what their loved one’s latest views on donation were.”169 Prostitution Some argue that presumed consent The Human Trafficking and Exploitation systems increase organ donation rates. (Scotland) Act was passed by Parliament Others believe that this is doubtful and that on 1 October 2015. The Bill was improving staff training and infrastructure, introduced to strengthen the existing and increasing public awareness, are more criminal law against human trafficking and effective. Under the former opt-in system, exploitation and enhance the status of and there was a seven per cent rise in the support for its victims. The Bill provided proportion of the Scottish population on that a person should not be compelled the Organ Donation Register between 2016 into prostitution, and MSP and 2020.170 ‘Opt-out’ systems can be seen (Labour) attempted to amend the Bill in as increasing the power of the state at the order to criminalise the purchase of sex. expense of individuals and families. However, the amendment did not pass and the Act did not outlaw prostitution. ‘Do Not Resuscitate’ orders In September 2020, the Scottish DNRs are also commonly called a DNAR or Government launched a consultation entitled DNACPR – ‘Do not attempt resuscitation’ ‘Equally Safe - challenging men’s demand for or ‘Do not attempt CPR’. They refer only to prostitution’. It stated the Government’s aims 30 to “challenge men’s demand for prostitution, change is necessary.175 Doctors and the work to reduce the harms associated Department of Health have been reluctant with prostitution and support women to to prescribe cannabis without more evidence exit”. It described prostitution as “a form that it is safe.176 of commercial sexual exploitation” and as In Scotland, there were more than 1,200 violence against women.173 No analysis of the drug-related deaths in 2019, double the consultation responses has been published at number in 2014. Scotland had 295 drug the time of writing. deaths per million of the population aged between 15 and 64 in 2018, the highest Drugs in Europe.177 This has been described as a public health crisis, and in December  Legislation on ‘controlled drugs’ 2020 Public Health Minister Joe FitzPatrick is reserved to Westminster. resigned from the Scottish Government over the issue. Nicola Sturgeon appointed a full- The law categorises illegal drugs as time drugs minister to take charge of the either class A, B or C according to their Government’s response. harmfulness. The classification determines ‘Drug consumption rooms’ or ‘safe the criminal penalties for possession and consumption facilities’ are settings that allow supply. The most harmful drugs, such as addicts to bring their own drugs and take cocaine and heroin, are class A. Class B them under supervision. Westminster has not includes cannabis and speed (amphetamines) agreed to devolve the necessary power to and class C includes sleeping pills. create such facilities in Scotland.178 In November 2003 Parliament approved In March 2021, MSPs unanimously the reclassification of cannabis from class agreed a motion that said the drug deaths B to class C. This came into force in 2004 in Scotland in recent years are a “public across the whole of the UK. However, the health emergency”, supported the use of drug was restored to class B in 2009 due “safe consumption facilities” and agreed to overwhelming evidence of cannabis to “work towards diverting people caught damaging mental health. in possession of drugs for personal use There is a concerted campaign under into treatment and ceasing imprisonment way to dismantle the UK’s drugs legislation. in these cases”.179 Two House of Commons committees – the Health and Social Care Committee and the Alcohol pricing Scottish Affairs Committee – have called for The Alcohol (Minimum Pricing) (Scotland) possession of drugs for personal use to be Act 2012 was passed at Holyrood by 86 decriminalised.174 votes to 1 and received Royal Assent in Significant attention has focused on June 2012. There were 32 abstentions, all ‘medical cannabis’, after high-profile cases Labour. Labour had tabled an amendment of sick children seemingly benefiting from calling for a levy targeted at large retailers using cannabis oils. From 1 November 2018 “to eliminate the windfall to large retailers the law was changed to permit specialist arising from the minimum unit price”.180 This doctors to prescribe unlicensed cannabis- was defeated by 82 votes to 37. derived products. Access to cannabis-derived The Act allows ministers to set a medicinal products has so far been limited, minimum price per unit of alcohol, which the with campaigners arguing that further Government set at 50p from 1 May 2018. 31 The Scottish Government stated that it “will Gambling save lives, reduce hospital admissions and, In 2005 the Westminster Labour ultimately, have positive impacts across the Government passed the Gambling Act. The whole health system in Scotland and for Act removed restrictions controlling the wider society”.181 worst excesses of casinos, betting shops and Arguments for minimum pricing include slot machines. It greatly reduced restrictions that it reduces consumption and therefore on new casinos opening, repealed the 24- alcohol-related harm, and that it is a hour membership requirement and lifted the targeted measure that mainly affects the general ban on all gambling advertising. The cheaper drinks more likely to be bought by Act also formally legalised ‘virtual casino’ heavier drinkers. Critics of the policy claim it machines in betting shops and elsewhere. does not affect heavy and harmful drinkers These machines, known as fixed-odds as they are less sensitive to price, but that betting terminals (FOBTs), have been called it disproportionately affects low income the ‘crack cocaine’ of gambling. FOBTs groups and increases the profits of major allowed gamblers to stake up to £18,000 retailers at the expense of the majority of an hour. The Westminster Government moderate drinkers.182 An evaluation, led announced in May 2018 that the maximum by Public Health Scotland, is under way to stake on FOBTs would be reduced to look at both the intended and unintended £2 throughout Great Britain. This was consequences of minimum pricing. Its final implemented from April 2019. report is expected in 2023.183 The Westminster Government launched a review of the Gambling Act in late 2020.

References

1 See also Mark 12:17; Luke 20:25 6 The Press and Journal online, 23 scotland-scotland-politics-43405134 as 2 Cranfield, C E B, The Bible and Christian September 2020, see https://www. at 25 February 2021 Life, T&T Clark Ltd, 1985, page 60 pressandjournal.co.uk/fp/news/politics/ 10 BBC News online, 19 July 2020, see scottish-politics/2513899/hate-crime- https://www.bbc.co.uk/news/uk- 3 Grudem, W, Politics – According to the bill-humza-yousaf-concession-a-step- Bible, Zondervan, 2010, page 18 scotland-53462474 as at 25 February in-the-right-direction/ as at 10 February 2021; BBC News online, 8 December 4 The Scottish Parliament website 2021 2020, see https://www.bbc.co.uk/news/ provides information on previous 7 The Telegraph online, 5 September 2020, uk-scotland-54659056 as at 25 February election results: https://beta.parliament. see https://www.telegraph.co.uk/ 2021 scot/msps/elections politics/2020/09/05/bbc-senior-judges- 11 Holyrood online, 20 October 2017, see 5 online, 14 March 2021, sheriffs-police-warn-snps-hate-crime- https://www.holyrood.com/news/ see https://www.spectator.co.uk/ bill/ as at 10 February 2021; view,scottish-government-promises- article/the-snp-s-radical-assault-on- online, 28 October 2020, see https:// to-make-smacking-ban-law-in- freedom-of-speech as at 16 March www.thetimes.co.uk/article/hate- scotland_7782.htm as at 11 February 2021; ‘Plans on ‘stirring up hatred’ crime-bill-hate-talk-in-homes-must-be- 2021 threaten free expression, warn MSPs’, prosecuted-6bcthrjdc as at 10 February National Secular Society, 10 September 2021 12 BBC News online, 7 November 2020, see https://www.bbc.co.uk/news/uk- 2020, see https://www.secularism.org. 8 The Sunday Times online, 7 October 2018, uk/news/2020/09/plans-on-stirring-up- scotland-54825151 as at 11 February see https://www.thetimes.co.uk/article/ 2021 hatred-threaten-free-expression-warn- dear-bigots-poster-upsets-christians- msps as at 23 March 2021; BBC News h97hxsxvn as at 16 March 2021 13 BBC News online, 19 September 2019, online, 11 August 2020, see https://www. see https://www.bbc.co.uk/news/uk- bbc.co.uk/news/uk-scotland-scotland- 9 BBC News online, 15 March 2018, scotland-scotland-politics-49753980 as politics-53735307 as at 23 March 2021 see https://www.bbc.co.uk/news/uk- at 9 February 2021 32 14 Home Education Guidance, Scottish 31 Scottish Parliament, Official Report, 1 November 2018, see https://www.snp. 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The Scottish Labour act plans could lead to different rights committee/news/150527/mps-to- Manifesto 2019, page 37 across UK, 1 July 2015 debate-petition-relating-to-conversion- 100 BBC News online, 18 December 2020, 121 ‘Alistair Carmichael MP writes…Why therapy/ as at 15 March 2021 see https://www.bbc.co.uk/news/uk- I’ve put the whip away for the Equal 80 , 30 May 2013 scotland-scotland-politics-55368574 as Marriage vote’, Liberal Democrat Voice, at 18 March 2021 12 December 2012, see http://bit. 81 Rt Hon. David Cameron MP, Equality ly/1O9s8sB as at 17 March 2021 and Human Rights Commission 101 The Scottish Labour Manifesto 2021, debate, 26 February 2008, see http:// page 61 122 The Times, 21 February 2015 conservative-speeches.sayit.mysociety. 102 Ibid, page 55 123 The Telegraph online, 21 November 2019, org/speech/599697 as at 5 April 2016 see https://www.telegraph.co.uk/tax/ 103 The Scottish Labour Manifesto 2015, news/married-couples-face-250-hit- 82 See, for example, House of Lords, page 82 Hansard, 23 March 2010, col. 869 liberal-democrat-tax-plans/ as at 17 104 The Scottish Labour Manifesto 2019, March 2021 83 Department for Digital, Culture, Media & page 65 Sport Press Release, Government launches 124 BBC News online, 10 January 2007, see review to ensure gambling laws are fit for 105 House of Commons, Hansard, 22 January http://news.bbc.co.uk/1/hi/uk/6243323. digital age, 8 December 2020 2013, cols 215-216 stm as at 17 March 2021; House of Lords, Hansard, 21 March 2007, cols 106 The Scottish Labour Manifesto 2019, 84 Scottish Legal News, 24 July 2020, see 1321-1323 https://www.scottishlegal.com/article/ pages 99-100 125 House of Commons, Hansard, 11 May scottish-labour-expresses-serious- 107 The Scotsman, 26 January 2007 reservations-over-hate-crime-bill; as at 2009, col. 583 108 The Herald Online, 7 September 2020, 15 March 2021; Scottish Parliament, 126 BBC News online, 9 September 2020, see https://www.heraldscotland.com/ Official Report, 15 December 2020, cols see https://www.bbc.co.uk/news/uk- news/18702837.scottish-conservatives- 62-63 scotland-scotland-politics-54071705 launch-bid-scrap-controversial-hate- as at 23 March 2021; Holyrood online, 85 Scottish Parliament, Official Report, 11 crime-legislation/ as at 17 March 2021 March 2021, cols 44-45 2 February 2021, see https://www. 109 Scottish Parliament, Official Report, 9 holyrood.com/news/view,freedom-of- 86 Scottish Parliament, Official Report, 28 September 2020, col. 42 expression-amendments-to-hate-crime- May 2019, col. 21 110 Scottish Parliament, Official Report, 28 bill-put-on-hold as at 11 March 2021 87 The Courier online, 19 September 2019, May 2019, col. 25 127 Scottish Parliament, Official Report, 19 see https://www.thecourier.co.uk/fp/ 111 ‘Our Plan For Scotland: Restoring September 2019, col. 57 news/politics/scottish-politics/982540/ Liberties’, Scottish Liberal Democrats, named-person-scheme-claims-of- 128 ‘Greer urges Ministers to ensure sex see https://www.scotlibdems.org.uk/ complete-humiliation-after-scottish- and relationships education, and mental manifesto_civilliberties as at 17 March government-scraps-project/ as at 15 health education, are delivered to 2021 March 2021 every young person’, Scottish Greens, 15 112 i online, 1 March 2021, see https://inews. November 2017 see https://greens.scot/ 88 The Scottish Labour Manifesto 2017 co.uk/news/scotland/growing-calls-to- news/greer-urges-ministers-to-ensure- 89 Loc cit make-gay-conversion-therapy-illegal-in- sex-and-relationships-education-and- scotland-889393 as at 17 March 2021; mental-health-education-are-delivered- 90 The Scottish Labour Manifesto 2021, to-every-young-person as at 11 March pages 97-98 Scottish Liberal Democrat Manifesto 2021, page 48 2021 91 The Scottish Labour Manifesto 2016, 129 ‘Scotland Can Ensure Equal Rights For pages 37-38; The Scottish Labour 113 Scottish Liberal Democrat Manifesto 2021, page 51 LGBTI+ People’, Scottish Greens, see Manifesto 2017; The Scottish Labour https://greens.scot/scotland-can/ensure- Manifesto 2021, page 98 114 ‘New Scottish policy in full: assisted equal-rights-for-lgbti-people as at 11 92 The Scottish Labour Manifesto 2019, dying’, Humanist and Secularist Liberal March 2021 page 68 Democrats, 2 April 2015, see http://hsld. org.uk/en/article/2015/1050147/new- 129a Scottish Greens Manifesto 2021, page 81 93 Scottish Parliament, 2019, see https:// scottish-policy-in-full-assisted-dying as at 130 End Conversion Therapy, see https:// beta.parliament.scot/bills-and-laws/bills/ 17 March 2021 endconversiontherapy.scot/ as at 15 human-tissue-authorisation-scotland-bill March 2021 as at 15 March 2021 115 BBC News online, 14 October 2015, see http://www.bbc.co.uk/news/uk-scotland- 131 Scottish Greens Manifesto 2021, page 81 94 STV News, 26 July 2020, see https:// scotland-politics-34527208 as at 17 132 Scottish Parliament, Official Report, 9 news.stv.tv/politics/leonard-do-not- March 2021 resuscitate-orders-system-needs- April 2020, col. 12 116 ‘Our Plan For Scotland: Radical Drug modernised?top as at 15 March 2021 133 ‘Scotland Can Achieve Gender Equality’, Reform’, Scottish Liberal Democrats, Scottish Greens, see https://greens.scot/ 95 Scottish Labour tweet, 21 April 2020, see https://www.scotlibdems.org.uk/ scotland-can/achieve-gender-equality see https://twitter.com/scottishlabour/ manifesto_drugs as at 17 March 2021; as at 11 March 2021; Scottish Greens status/1252660010280247302 as at Scottish Liberal Democrat Manifesto Manifesto 2021, page 69 15 March 2021; The Scotsman online, 21 2021, page 15

34 134 Scottish Greens tweet, 8 March 2021, 150 What is conversion therapy?’, End 168 BBC News online, 27 May 2015, see see https://twitter.com/scottishgreens/ Conversion Therapy, see https:// http://www.bbc.co.uk/news/uk-scotland- status/1369008283512606722/ endconversiontherapy.scot/ as at 18 scotland-politics-32887408 as at 18 photo/3 as at 22 March 2021; Scottish March 2021 March 2021 Greens Manifesto 2021, page 69 151 ‘Scottish Parliamentary Petition’, 169 ‘Organ and tissue donation law change’, 135 ‘Scotland Can Achieve Gender Equality’, End Conversion Therapy, see https:// Scottish Government, 31 January 2021, Scottish Greens, see https://greens.scot/ endconversiontherapy.scot/ as at 18 see https://www.gov.scot/news/organ- scotland-can/achieve-gender-equality as March 2021 and-tissue-donation-law-change/ as at at 11 March 2021 152 Islamophobia Defined: The inquiry into 18 March 2021 136 Scottish Parliament, Official Report, 28 a working definition of Islamophobia, All 170 Organ Donation and Transplantation February 2007, cols 32542-32543 Party Parliamentary Group on British Activity Data: Scotland, NHS Blood and 137 ‘Scotland can support people addicted to Muslims, page 11 Transplant, July 2020 drugs’, Scottish Greens, see https://greens. 153 Open Letter to Home Secretary Sajid 171 Protect, respect, connect – decisions about scot/content/scotland-can-support- Javid: APPG Islamophobia Definition living and dying well during COVID-19, people-addicted-to-drugs as at 11 March Threatens Civil Liberties, see http:// Final Report, Care Quality Commission, 2021 www.civitas.org.uk/content/files/ March 2021, page 4 137a Scottish Greens Manifesto 2021, page 68 islamophobiaopenletter.pdf as at 22 172 Ibid, pages 4, 19, 22 March 2021 137b Scottish Greens Manifesto 2021, pages 173 Equally Safe – challenging men’s demand 154 Scottish Parliament, Equal Opportunities 68-69 th for prostitution: consultation, Scottish Committee, 5 Report, SP Paper 415, Government, 11 September 2020 138 ‘Scotland can be a bolder democracy’, 2013, para. 351 Scottish Greens, see https://greens.scot/ 174 Drugs Policy: First Report of Session 2019, scotland-can/be-a-bolder-democracy as 155 Direct taxes: rates and allowances House of Commons Health and Social at 16 March 2021 2017/18, House of Commons Library Care Committee, 23 October 2019, Briefing Paper Number 7915, 29 March 139 ‘Justice, Liberty and Privacy’, Scottish page 3; Problem drug use in Scotland: 2017, page 9; ‘Apply for Marriage First Report of Session 2019, House of Greens, see https://greens.scot/policy/ Allowance’, UK Government, see https:// justice as at 18 March 2021 Commons Scottish Affairs Committee, 4 www.gov.uk/apply-marriage-allowance November 2019, page 43 140 ‘Ballantyne pledges to fight to repeal as at 18 March 2021 hate crime bill’, Michelle Ballantyne, 175 ‘Home’, End Our Pain, see https:// 156 Feeling that your ‘real gender’ is different endourpain.org/email-your-mp/ as at 18 12 March 2021, see https://www. to your biological sex. michelleballantyne.org.uk/news/ March 2021 ballantyne-pledges-fight-repeal-hate- 157 Review of the Gender Recognition Act 176 BBC News online, 1 November 2020, crime-bill as at 15 March 2021 2004: Analysis of responses to the see https://www.bbc.co.uk/news/uk- public consultation exercise, Scottish england-kent-54749353 as at 18 March 141 ‘Home’, Reform UK Scotland, see https:// Government, November 2018, page 3 reformuk.scot/ as at 15 March 2021 2021; The Times, 1 November 2019 158 BBC News online, 1 April 2020, see 177 BBC News online, 18 December 2020, 142 Michelle Ballantyne MSP tweet, https://www.bbc.co.uk/news/uk- 24 September 2019, see https:// see https://www.bbc.co.uk/news/uk- scotland-scotland-politics-52119865 as scotland-scotland-politics-55368574 as twitter.com/MBallantyneMSP/ at 18 March 2021 status/1176417109842247680 as at 15 at 18 March 2021; BBC News online, 15 March 2021 159 Evidence from The Law Society of December 2020, see https://www.bbc. Scotland, Education and Culture co.uk/news/uk-scotland-48853004 as at 143 The Herald online, 7 September 2019, Committee: Children and Young People 18 March 2021 see https://www.heraldscotland.com/ (Scotland) Bill, 26 July 2013, para. 13; 178 ‘Drugs policy – update: statement by news/17887441.scotlands-laws- Evidence from the Faculty of Advocates, assisted-dying-not-fit-purpose/ as at 15 the First Minister – 20 January 2021’, Education and Culture Committee: Scottish Government, 20 January 2021 March 2021 Children and Young People (Scotland) Bill, 144 ‘Our Team’, Friends at the End, archived 2 August 2013, page 2 179 Scottish Parliament, Official Report, 18 March 2021, col. 111 30 Jun 2020, see https://web.archive. 160 Report on Rape and Other Sexual Offences, org/web/20200630031923/https://fate. Scottish Law Commission, December 180 Scottish Parliament, Official Report, 24 scot/about/ as at 15 March 2021 2007, para. 4.55 May 2012, col. 9426 145 Scottish Parliament, Official Report, 28 161 Parliamentary Inquiry into Abortion on 181 ‘Alcohol and Drugs: Minimum Unit November 2018, cols 43-45 the Grounds of Disability, July 2013, page Pricing’, The Scottish Government, see 146 Scottish Parliament, Official Report, 28 15 https://www.gov.scot/policies/alcohol- November 2018, col. 44 and-drugs/minimum-unit-pricing/ as at 162 Abortion statistics 2019: data tables, 16 March 2021 147 SPICe briefing, Offences (Aggravation National Statistics, June 2020, Table 13 By Prejudice) (Scotland) Bill, see http:// 182 SPICe briefing, Alcohol etc. (Scotland) 163 For more information see The Christian Bill, see http://www.scottish.parliament. www.scottish.parliament.uk/S3_Bills/ Institute’s website: http://bit.ly/1DK3xZR Offences%20(Aggravation%20by%20 uk/S3_Bills/Alcohol%20etc.%20 Prejudice)%20(Scotland)%20Bill/ 164 The Independent, 5 October 2009; Mail (Scotland)%20Bill/AlcoholBillsummary. Offencesprejudice.pdf as at 22 March Online, 3 February 2009, see http:// pdf as at 18 March 2021 2021 dailym.ai/1IsSdCE as at 18 March 2021 183 ‘Overview of Evaluation of MUP’, 148 Submission from the Scottish 165 , 25 February 2015 Public Health Scotland, see http://www. Government to Public Petitions 166 Human Fertilisation and Embryology healthscotland.scot/health-topics/ Committee, relating to petition Authority, Press Release, HFEA statement alcohol/evaluation-of-minimum-unit- PE1817/A, 17 July 2020 on mitochondrial donation, 15 March pricing-mup/overview-of-evaluation-of- 2017 mup/timeline-of-evaluation-of-mup as at 149 End Conversion Therapy, see https:// 18 March 2021 endconversiontherapy.scot/ as at 18 167 The Herald, 1 April 2015 March 2021

35 Scottish Election Briefing 2021

AN ANALYSIS OF PARTY POLICIES ON ISSUES OF IMPORTANCE TO CHRISTIANS

Elections for the Scottish Parliament take place on 6 May 2021.

As Christian citizens, we should think carefully about how we vote in the elections. The Christian Institute is a registered charity and we cannot tell you how to vote. What we can do in this briefing is address:

ĥ why should you vote? ĥ speaking to candidates ĥ biblical priorities ĥ party policies on key issues ĥ issues on the horizon ĥ background information on ĥ two key factors in voting legislation and public policy

Questions for your candidates Ask your candidates where they stand

1. Do you believe the law should allow 4. Do you believe the law on abortion is assisted suicide? too lax, too restrictive or about right?

2. Should it be made easier for a person 5. Do you believe recreational use of to change legal sex? drugs should be legal?

3. Are you concerned that an LGBT 6. Are you concerned that new hate crime conversion therapy ban could laws could be wrongly used inadvertently restrict the everyday to restrict free speech and work of churches? freedom of belief?

KEY RESOURCES TO INFORM YOUR VOTE christian.org.uk/scottishelection

The Christian Institute is a Company Limited by Guarantee, registered in England as a charity whose main object is “the furtherance and promotion of the Christian Religion in the and elsewhere”. Company No. 263 4440; Charity No. 100 4774. A charity registered in Scotland. Charity No. SC039220. 36