MSP Ash Regan Faces Holyrood Suspension Over Social Media Post

Ash Regan, a Member of the Scottish Parliament, is potentially facing a two-day suspension from Holyrood following a social media post concerning a Green Party MSP. The post in question related to comments made by Maggie Chapman regarding a UK Supreme Court ruling on gender issues.

The controversy stems from April when Regan shared an image on social media platform X of a letter she had sent to the Presiding Officer. In the letter, Regan voiced her concerns about Chapman's remarks on the Supreme Court's decision. That said, the reality is a bit more complicated. parliamentary rules prohibit MSPs from publicly commenting on formal complaints while they are under consideration.

The Standards Committee at Holyrood has suggested that Regan, who sits as an independent MSP, be excluded from parliamentary meetings and committees for two days. This recommendation, however, requires approval through a vote by the entire parliament.

A source close to Regan has described the proposed suspension as "absurd."

The issue originated earlier this year when the Supreme Court ruled that biological sex defines a woman under equalities law. Chapman responded by accusing judges of "bigotry, prejudice and hatred," which drew criticism from various politicians and the Dean of the Faculty of Advocates.

Subsequently, Regan wrote to Alison Johnstone, the Presiding Officer, questioning whether Chapman's comments violated the Holyrood code of conduct. Regan then posted the letter on X, stating: "I've formally reported Maggie Chapman MSP to the presiding officer and standards committee following her dangerous dismissal of the Supreme Court's ruling on the Equality Act as a 'political attack'. MSPs have a duty to uphold the law, not undermine it."

The Standards Committee determined that Regan breached section 9.1 of the code by posting the letter. This section prohibits MSPs from disclosing or discussing any complaint, or intention to complain, with the media before the process concludes.

In her defense, Regan argued that she did not intend to make a formal complaint, believing that it was "better left to members of the public." She claimed she was merely raising concerns. That said, the reality is a bit more complicated. Martin Whitfield, the committee convener and a Labour MSP, rejected this argument.

Whitfield pointed to Regan's letter, which included phrases such as "formally raising concerns" and a request for the matter to be considered by parliamentary authorities. The committee also highlighted emails from Regan to Johnstone referencing a "formal complaint."

The source close to Regan further commented: "Any rational member of the public would think that Ms Chapman would be the one being censured - not Ash Regan for raising concerns regarding the impact Maggie Chapman's conduct had on a landmark decision which protects the right of women and girls to single-sex spaces... The handling of this matter and the natural injustice will only serve to undermine trust in our parliament."

Parliament has various options for penalizing MSPs found to have violated the code of conduct. More severe breaches can lead to extended suspensions and salary withdrawal. Michael Matheson, the former transport secretary, received a record 27-day suspension last year, along with a 54-day pay deduction.