Faculty of Advocates says Maggie Chapman unfit for equalities role after Supreme Court attack

Maggie Chapman's condemnation of the Supreme Court is "not compatible" with her equalities committee role, the Faculty of Advocates has said.

The Scottish Greens MSP's remarks are akin to a political attack which fails to "respect the rule of law" and create risks for the judiciary, the Faculty claimed.

Chapman, the deputy convener of the Scottish Parliament's Equalities, Human Rights and Civil Justice Committee, accused the UK's highest civil court of "bigotry, prejudice and hatred" after it said 'woman' in the Equality Act refers to biology.

Judges also said the meaning of 'man' and 'sex' in the UK-wide law, which underpins protections from prejudice based on sexuality, gender reassignment and more, should be based on biology.

The findings were part of the court's ruling in the case of For Women Scotland versus Scottish ministers, which came about after the government included transwomen in targets to increase female participation on public boards.

Speaking at a public protest in Aberdeen over the weekend, North East Scotland MSP Chapman said "bigotry, prejudice and hatred" is "coming from the Supreme Court and from so many other institutions in our society".

English barrister Akua Reindorf KC, a commissioner of the Equality and Human Rights Commission, called the comments "disgraceful", as did Tory MSP Tess White, who also sits on Holyrood's equalities committee.

In a letter to Chapman and committee convener Karen Adam, the Faculty of Advocates said it had a "duty to speak out in defence of the judiciary when it comes under attack".

Roddy Dunlop KC, dean of the Faculty of Advocates, said Chapman's remarks were "an egregious breach" of her duties to uphold judicial independence and "create a risk of danger to the members of the court themselves".

The letter said: “We suggest that her comments are not compatible with her role as deputy convener, or, arguably, her continued membership of the committee."

Dunlop wrote: "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 the Faculty had previously spoken out in light of the Brexit case, when the Daily Mail referred to judges as 'enemies of the people'. It also made public comment when the previous Conservative UK Government criticised "activist" lawyers.

Dunlop said: "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."

The letter called on the Scottish Green MSP to issue an apology, and asked Adam to "speak out publicly in defence of the court and of the rule of law".

It added: "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."

The Scottish Parliament said: "Correspondence from the Dean of the Faculty of Advocates has been received and will be considered in due course."

Meanwhile, Chapman has said she is "not considering" her position and is "not going to apologise". She told Holyrood: "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."

The comments came as Ash Regan MSP officially reported Chapman to the Presiding Officer and Standards Committee over the matter, saying: "MSPs have a duty to uphold the law, not undermine it."