Ash Regan faces suspension over Holyrood standards breach

The unanimous ruling from the cross-party group follows a report by the Commissioner for Ethical Standards in Public Life in Scotland, triggered by a complaint from a member of the public.

A source close to the ex-Alba MSP said the decision was "absurd".

The case centres on Ms Regan's reaction to comments made by Maggie Chapman, the Green MSP and former party co-leader, following the Supreme Court’s ruling in the For Women Scotland case.

The UK's highest court ruled that sex in the Equality Act means biological sex .

Ms Chapman - the deputy convener of Holyrood's equalities committee - was filmed at a rally criticising what she called " bigotry, prejudice and hatred coming from the Supreme Court ".

The remark was widely condemned at the time by lawyers and other politicians.

Ms Regan wrote to the Presiding Officer on April 22 questioning whether her colleague’s comments were compatible with Holyrood’s Code of Conduct.

She posted her letter on X, writing alongside: “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.”

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. #ScotParl #WomensRights … pic.twitter.com/96DlcH3rBl

— Ash Regan MSP (@AshReganMSP) April 22, 2025

Under paragraph 9.1 of the MSP Code , members must "not disclose, communicate or discuss any complaint or intention to make a complaint to or with members of the press or other media prior to the lodging of the complaint."

In its report, the Committee said an “objective reading” of Ms Regan’s public posting, along with her letter and subsequent correspondence with Parliament officials, amounted to "at the very least, an intention to make a complaint about the conduct of Maggie Chapman MSP".

Ms Regan had argued she did not make, or intend to make, a complaint, stating the correspondence was instead “directed to the Presiding Officer and the Parliament’s Standards, Procedures and Public Appointments Committee, expressly reporting a concern, not a complaint”.

She insisted she was seeking “advice rather than action”, and that when told she could escalate the matter to the Commissioner, she chose not to do so.

However, the Committee rejected this interpretation. It said the wording of her letter — including references to “formally raising concerns”, and asking that the matter “be considered by the relevant parliamentary authorities” — pointed to a clear intention to complain.

It also noted email correspondence to clerks had referenced a “formal complaint”.

The Committee also dismissed claims from Ms Regan’s representatives that paragraph 9.1 only applied to MSPs under investigation, not those making complaints, and that restricting disclosure interfered with freedom of expression.

It ruled the Code was unambiguous and applied to all MSPs equally.

Committee members said this did not stop MSPs expressing political opinions, only their ability to reveal complaint-related information while a standards process was active.

“This provision seeks to prevent members from disclosing any complaint or intention to make a complaint with members of the press or other media,” the ruling said. “It is aimed at protecting the integrity of the system for investigation and consideration of complaints about MSP conduct.”

Describing the breach as “sufficiently serious”, the Committee said it will recommend Ms Regan be barred from Holyrood’s chamber and committee meetings for two sitting days — a Wednesday and Thursday.

The sanction, once formally reported to Parliament, will require MSPs’ approval before coming into force. If agreed, it is likely to take place early in 2026.

A source close to Ms Regan said: "The decision to suspend Ash Regan for raising concerns in regard to Maggie Chapman attacking the decision of the Supreme Court in the For Women Scotland vs Scottish Ministers case is absurd."

They added: “Maggie Chapman, a member of the Scottish Parliament attempted to undermine and traduce the highest court in the land.

"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 committee have came to the view that MSPs do not have an unqualified right to the same freedom of expression that members of the public hold, a decision that is at odds with the legal advice of the former Dean of the Faculty and years of precedent.

"Yet again we are seeing someone that stands up for the rights of women and girls punished for the actions of those that would roll back on their hard won rights.”