In a significant development, the Scottish Parliament has passed legislation to amend the Gender Representation on Public Boards (Scotland) Act 2018. This amendment aligns the Act with a Court of Session ruling from 2022, which found that the Actâs definition of âwomanâ was not within the legislative competence of the Scottish Parliament. Letâs explore the implications of this amendment and its impact on gender representation in public boards.
The 2018 Actâs Objective
The Gender Representation on Public Boards (Scotland) Act 2018 set a crucial objective: 50% of non-executive members on public boards should be women. This legislation aimed to address gender disparities at the highest levels of decision-making and ensure greater equality.
The Court of Session Ruling
In 2022, the Court of Session ruled that the definition of âwomanâ in the 2018 Act exceeded the Scottish Parliamentâs legislative competence. Consequently, the definition needed removal from the statute book.
The Purpose of the Amendment
The Gender Representation on Public Boards (Amendment) (Scotland) Bill removes the contested definition of âwomanâ from the 2018 Act. Importantly, this amendment does not alter the Actâs purpose or objectives. The Scottish Government remains committed to improving gender equality and representation across all sectors of society.
As the amended Act takes effect, Scotland continues its journey toward greater gender parity in public boards. The removal of the contested definition ensures that the statute book accurately reflects the Actâs intent.
