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MSP Ash Regan faces Holyrood ban over social media post

Philip Sim,BBC Scotland political correspondentand
Angus Cochrane,BBC Scotland
News imagePA Media Ash Regan, who has long red hair, in a close-up shot. She is wearing a blue blazer. PA Media
MSPs will vote on whether to suspend Ash Regan

MSP Ash Regan is facing a two-day ban from Holyrood over a social media post about a Green parliamentarian.

In April, Regan posted an image of a letter she sent to the presiding officer complaining about comments made by Maggie Chapman about a UK Supreme Court ruling on gender.

However, under the parliament's code of conduct, MSPs are barred from publicly commenting on formal complaints while they are being considered.

Holyrood's standards committee has recommended that Regan, an independent MSP, is excluded from meetings and committees for two sitting days - but this will need to be approved in a vote of the whole parliament.

A source close to Regan called the proposed suspension "absurd".

News imageGetty Images Maggie Chapman, who has short grey hair and glasses, looks towards the camera while holding a folder to her chest. She is wearing a patterned blue and white top, with a rainbow-coloured lanyard. Getty Images
Maggie Chapman was criticised for a social media post about a Supreme Court ruling on gender

The row dates back to April this year, when the Supreme Court ruled that a woman is defined by biological sex under equalities law.

Chapman accused judges of "bigotry, prejudice and hatred" - prompting criticism from politicians and the dean of the faculty of advocates.

Regan wrote to the Presiding Officer Alison Johnstone, questioning whether Chapman's comments breached Holyrood code of conduct.

Posting the letter on X, Regan said: "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."

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However, by posting the letter, Regan has been found to have broken the rules.

The standards committee found that she was in breach of section 9.1 of the code, which says MSPs "must not disclose, communicate or discuss any complaint or intention to make a complaint to or with members of the press or other media" before the end of the process.

Regan claimed in her defence that she did not make a complaint, believing that was "better left to members of the public", and that she had no intention of making a complaint.

Committee convener and Labour MSP Martin Whitfield dismissed that argument.

He pointed out that Regan's letter included statements such as "formally raising concerns" and "respectfully request that this matter be considered by the relevant parliamentary authorities".

The committee also highlighted emails from Regan to Johnstone referencing a "formal complaint".

'Natural injustice'

A source close to Ash Regan said: "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 can consider a range of punishments for MSPs who are found to have breached the code of conduct. In more serious cases, they can vote for an extended suspension and to withdraw a member's salary.

Last year, former transport secretary Michael Matheson was given a record ban of 27 sitting days, with his pay withdrawn for 54 days.