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Scottish Government plans informal boycott of ‘rape clause’

Shona Robison (DC Thomson))
Shona Robison (DC Thomson)

THE Scottish Government could instigate an informal boycott of the so-called rape clause and has called on the UK Government to “think again”.

Health Secretary Shona Robison has written to the UK Government, saying the Scottish Government will not pass on Whitehall guidance on carrying out the policy to NHS Scotland, the Daily Record reported.

The rule, part of changes to the benefits system, requires rape victims claiming tax credits for a third or subsequent child to prove they became pregnant as a result of an attack or while in a coercive relationship in order to qualify.

A professional third party, such as an NHS worker, rape charity staff, social worker or police officer, would have to be convinced the claim was legitimate to fill out the exemption form.

Ms Robison wrote to Employment Minister Damian Hinds and Treasury Secretary David Gauke, urging a rethink of the policy and outlining the informal boycott.

She told the BBC’s Good Morning Scotland programme: “What we’ve said to the UK Government is the guidance as it stands at the moment cannot be disseminated.

“The UK Government really needs to take a step back from this, they need to look at the policy as a whole but particularly this guidance.

“They need to work on this very quickly indeed to make sure that women are not put in the position and essentially establish the facts of the matter around the rape, and that has to involve third parties, whether that be Rape Crisis, Women’s Aid or healthcare professionals, all of whom say that they feel entirely uncomfortable in doing that, in fulfilling that role, and it’s not something that they want to do.

“This policy is a shambles and the UK Government has to think again.”

She added: “We couldn’t ask healthcare professionals to adhere to this guidance”, and said no “serious policy” would require women to disclose they had been raped in order to claim a benefit.

The policy has sparked a political row in Scotland.

It led to a protest in Glasgow last week, attended by around 300 people. Charities including Rape Crisis Scotland and Scottish Women’s Aid said they would not co-operate with the clause.

Scottish Tory leader Ruth Davidson has said she supports the exemptions the UK Government has put in place on restrictions to child tax credits, saying she wants to see ministers “implement them in the most compassionate way possible”, and has said Nicola Sturgeon would be “hypocritical” if she fails to use Scotland’s social security powers to mitigate the policy.