Further to the publication of the results of the public consultation on the Implementation of Gender Representation on Public Boards (Scotland) Act 2018, we sent the following letter to Christina McKelvie, Minister for Older People and Equalities on 6th May:
Dear Ms McKelvie,
Re: Consultation on Implementation of the Gender Representation on Public Boards (Scotland) Act 2018
Now that the analysis of responses to the above consultation has been published could you please provide an expected date for when the Government will be issuing a formal response to its outcome?
Given that this was the first time the public were consulted on the way in which the Act defined “woman” it is clear that there is substantial opposition to both this, and to the proposed guidance. We would appreciate clarification on whether the Government intends to proceed with enforcement of the Act and, if so, the reasons for doing so.
In addition, we would be interested in what legal advice has been given to the Government as to whether it is lawful to redefine the protected characteristics of the Equality Act in discrete legislation.
We look forward to hearing from you.
Update 28 June 2020: We did not receive any response from the Minister and the Statutory Guidance was published (without any Government response to the consultation) on 2nd June.