Scottish Ministers - Equality Act 2010


Here's my latest letter to the First Minister which focuses on Scotland's ministerial code and the Equality Act 2010.

Now there's no doubt in my mind that Patrick Harvie is discriminating against me and trying to 'cancel' me for attending a rally in support of women's rights at the Scottish Parliament - because he said so in writing.
 
There's also no doubt that I am complaining about Patrick Haarvie's conduct while in office as a Scottish minister in the same way that Derek Mackay, for example, was held to account for his personal behaviour while acting as Finance Secretary.

I hope Nicola Sturgeon will agree that Scottish ministers should not 'cancel', bully or otherwise discriminate against people for holding different views to their own since that is what's happening here.



Dear First Minister 


Patrick Harvie - Ministerial Code and The Equality Act 2010


Thank you for your letter dated 24 January 2023.


I don't know who advised you that my complaint regarding Patrick Harvie related to his role as a Glasgow MSP, but whoever did so is wrong and completely mistaken.


My complaint against Patrick Harvie is about his behaviour while in office as a Scottish minister - in the same way that Derek Mackay and Mark McDonald, for example, were properly held to account for their personal conduct while occupying ministerial positions in your government.


In both cases Mr Mackay's and Mr McDonald’s behaviour were viewed as falling below the high standard expected of an experienced politician in a senior leadership position which resulted in you, as First Minister, sacking both individuals or requiring them to resign from their ministerial posts.


In Patrick Harvie's case I am clearly being punished or ‘cancelled’ by one of your ministers because I attended a rally in support of women's rights at the Scottish Parliament on 6 October 2022.


In effect, Patrick Harvie is discriminating against me for holding beliefs on women’s rights and single sex spaces which are protected under the Equality Act 2010.


As such, I believe Patrick Harvie’s behaviour to be in breach of the law as well as Scotland’s ministerial code and if he is not prepared to reconsider his position, I fail to see how he can be fit to serve as a member of the Scottish Government.


I hope you will have the time to reflect on this matter before leaving office and look forward to hearing from you soon.


Kind regards




Mark Irvine



On Tuesday, November 15, 2022 at 08:44:56 AM GMT, Mark Irvine <markirvine@compuserve.com> wrote:

Dear First Minister

Ministerial Code - Patrick Harvie

I wish to make a formal complaint against Patrick Harvie, Minister for Zero Carbon Buildings, Active Travel and Tenants' Rights and a list MSP for the Glasgow region. 

I asked to meet with Patrick Harvie to discuss ongoing issues regarding gender recognition reform, but in a letter dated 24 October Mr Harvie abruptly announced that he was not prepared to meet or engage with me as a result of my attendance at a women's rights demonstration at the Scottish Parliament on 06 October 2022.

In my view, Mr Harvie's refusal to meet with me because of my support for a women's rights rally is outrageous, discriminatory and anti-democratic. 

Mr Harvie is effectively trying to ban, cancel and punish me for holding views which are admittedly different to his own, but are perfectly reasonable and legitimate as well as being protected under the law.

I believe Mr Harvie's behaviour is totally unacceptable coming from a Scottish Government Minister and an MSP who is bound by the Nolan principles on public life and Scotland's Ministerial Code:

"1.1. Scottish Ministers are expected to maintain high standards of behaviour and to behave in a way that upholds the highest standards of propriety.

"Ministerial Conduct

"1.2. Ministers should be professional in all their dealings and treat all those with whom they come into contact with consideration and respect. Working relationships, including with civil servants, Ministerial and Parliamentary colleagues and Parliamentary staff should be proper and appropriate. Harassing, bullying or other inappropriate or discriminating behaviour, wherever it takes place, is not consistent with the Ministerial Code and will not be tolerated.

"1.3. The Ministerial Code should be read against the background of the overarching duty on Ministers to comply with the law, including international law and treaty obligations, and to uphold the administration of justice and to protect the integrity of public life. They are expected to observe the Seven Principles of Public Life (set out in the Annex to this Code) and the following principles of Ministerial conduct:"

As you know Scottish Ministers are accountable for their personal conduct as well as their ministerial performance which is why previous government ministers including Derek Mackay and Mark McDonald, for example, were sacked or forced to resign. 

Henry McLeish and Wendy Alexander both resigned from previous Labour/Lib Dem administrations, as I am sure you recall given your twenty three years membership of the Scottish Parliament.

I did not ask Mr Harvie to take up my 'case' or represent me in any way - all I asked was for the opportunity, as a Glasgow constituent, to meet with one of Glasgow's lawmakers to discuss a highly topical issue in a civil fashion.

I have asked Mr Harvie to apologise for his ignorant, arrogant behaviour and enclose a chain of emails explaining the background to this affair.

I invite you to uphold my complaint and look forward to hearing from you soon.

Kind regards



Mark Irvine

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