A GREEN MSP who attacked the Supreme Court judges after their ruling on sex and gender has breached her duties under Scots law, the Faculty of Advocates has said in a rare political intervention.
Maggie Chapman, an MSP for North East Scotland and deputy convener of Holyrood’s Equalities, Human Rights and Civil Justice Committee, sparked anger after addressing a trans rights protest held in Aberdeen over the weekend.
She told activists opposing the ruling that sex in the 2010 Equality Act is biological: “We say ‘not in our name’ to the bigotry, prejudice and hatred that we see coming from the Supreme Court and from so many other institutions in our society. Not in our name, never in our name.”
The Faculty of Advocates, a historic body which represents Scotland’s lawyers, has now intervened with a damning letter to Chapman accusing her of breaching the Judiciary and Courts (Scotland) Act 2008 – under which MSPs must uphold the independence of the judiciary.
The faculty’s dean, Roddy Dunlop, also wrote to SNP MSP Karen Adam – the convener of Holyrood’s Equalities, Human Rights and Civil Justice Committee – asking her to consider Chapman’s position as her deputy.
However, Chapman declined to apologise, saying the Supreme Court ruling was "already having a real world impact on the lives of trans people and their loved ones".
Dunlop said the Faculty of Advocates was fulfilling “its duty to speak out in defence of the judiciary when it comes under attack: Especially given the constitutional restrictions which prevent the judiciary from defending itself publicly”.
“These are appalling comments to come from any elected politician. They are all the worse when they come from someone who holds the post of deputy convener of the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee.
“It really should not require to be said, but the Supreme Court – indeed, all judges – are in post to apply the law. They do not take sides. They decide without fear or favour, consistently with the judicial oath.
“For Ms Chapman to claim that they were swayed by ‘bigotry, prejudice and hatred’ is outrageous. We are talking about the apex court of these islands, in this instance made up of a bench which included two of Scotland’s finest legal minds, as well as two women. No sensible person could read their dispassionate analysis and conclude that they were swayed by such matters.”
Dunlop said that Chapman’s comments “not only” breached the 2008 act, but that they “go further than that, and create a risk of danger to the members of the court themselves”.
“This behaviour is irresponsible and reprehensible,” he added.
Dunlop cited previous moments when the faculty had issued statements on political events, such as when the Daily Mail ran its “enemies of the people” headline about judges ruling on Brexit, or when the Tories attacked “activist” lawyers.
He went on: “This is no different. Indeed, in attributing such emotive descriptions as ‘bigotry, prejudice and hatred’ to the judges of the Supreme Court, Ms Chapman’s attack is far worse.
“In these circumstances, we respectfully request Ms Chapman to reflect on her words, and whether they allow her to properly discharge her responsibilities as deputy convenor in line with the impartiality requirements of the guidance on committees issued by the Scottish Parliament.
“As to the former, we suggest that a fulsome and swift apology is warranted. As to the latter, and notwithstanding that the requirements apply only whilst acting in the capacity of convenor, we suggest that her comments are not compatible with her role as deputy convenor, or, arguably, her continued membership of the committee.”
Dunlop concluded: “Faculty very much regrets having to write this letter. However, Ms Chapman’s words have left it with no choice. Her behaviour in this instance is utterly beyond the pale.”
Responding to a question from media at Holyrood, Chapman said she would not apologise.
In a statement issued to The National, she went on: "I will of course read and consider the faculty's letter, but the Supreme Court's ruling is already having a real world impact on the lives of trans people and their loved ones.
"It is already being used as a launchpad for a new and aggressive wave of attacks on trans people and their right to live freely as who they are. Many are scared that they are going to lose rights and access to services that they have had for decades.
"MSPs are elected to represent people. I am not going to stop representing the views of my trans constituents or standing up for their rights."
