Majority of groups support plans for gender self-ID in Scotland

The consultation also showed that Scots were evenly split when asked if the age at which someone could change their gender legally should be reduced to 16, however some suggested it could be reduced to as young as 12 years old.

The issue of gender recognition has become a contentious one in Scotland and across the globe in the past several years as some campaigners believe sexual predators could use the law to declare themselves female and gain access to women-only spaces.

However those who support the reforms argue they will make life easier for transgender people, who have to currently wait for years and go through often humiliating assessments to ‘prove’ they are either male or female.

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The Scottish Government launched a second consultation on the plans to change the Gender Recognition Act after fierce debate around the subject, following its first consultation in 2018.

Some groups said they had not been listened to, while others said the second consultation was simply a way for Holyrood ministers to stall their intended plans for reform.

Published today, an analysis of the 17,058 responses showed just over half (55 per cent) came from people or groups within Scotland, while 32% came from elsewhere in the UK, and 14% from overseas.

The overwhelming majority (16,843) were from individuals, while 215 were from organisations.

The analysis of the responses show people are still divided over the issue, however more groups are in favour than against the plans to change the status quo. It also showed 54% of people were supportive of lowering the age at which someone can obtain legal gender recognition, from 18 to 16.    

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However the respondents from Scotland were evenly split on the age question, with 49% in favour of lowering it and 49% against. The report states 3% said they did not know.

The report states: “An analysis of comments made suggests that a small majority of organisations broadly supported changing to a statutory declaration-based system.

“Around 4 in 10 organisations did not support changing to a statutory declaration-based system and around 1 in 10 either did not take a view or their view was not clear.”

It adds: “A majority of respondents who answered the question – 56% – thought that the age at which a person can apply for legal gender recognition should be reduced from 18 to 16, while 42% thought it should not, and 2% did not know.

“Those respondents who identified themselves as resident in Scotland were evenly divided, with 49% agreeing that the age should be reduced to 16, 49% disagreeing and 3% saying they did not know.”

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The polarised responses to the consultation mirror the wider public debate which has raged in Scotland late 2018.

 Concerns from those broadly opposed to the plans include that impact assessments were “not thorough, comprehensive or evidence-based and that they are inadequate and not fit-for-purpose.”

The report explains: “Specific concerns included that the Scottish Government has failed to consider certain relevant evidence and that some of the research that is cited may not be relevant.”

They also had concerns about young people being given an easier path to transitioning, arguing that Holyrood ministers should listen to the views of people who had changed their mind after changing their gender.

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The report explains: “Although the consultation relates only to the process for legal gender recognition, many respondents argued that young people can be set on a medicalised pathway leading from puberty-blocking drugs to surgery and that, once started, this course of events may be difficult to stop or reverse. Removing the requirement for a diagnosis of gender dysphoria was often seen as leaving young people without the appropriate professional support to make a life-changing decision.

“There were calls for the Scottish Government to listen to the testimonies of people who have de-transitioned before making it quicker and easier to change gender. It was argued that, collectively, the proposed changes are likely to lead to an increase in the number of young people who regret their transition.”

Those in support of the plans argue that 16 year olds are classed as adults in Scotland, and by lowering the age it would “ bring gender recognition into line with many other rights that can be exercised at 16.”

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The report states: “ It was also argued that many 16-year-olds are mature, capable and responsible enough to make a decision on their legal gender identity and will have spent a long time reaching this decision.

Potential positive impacts on mental health were often raised and it was predicted that legal gender recognition at 16 could help to alleviate dysphoria and distress, improve wellbeing and quality of life, and reduce depression and suicide rates.

“Conversely, making young people wait longer to have their gender recognised was suggested to be cruel or unnecessary, and likely to have corresponding negative impacts on mental health.”

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The analysis also states that some people wanted the Scottish Government to “go further” with the age reduction, adding: “ While welcoming the proposal to reduce the minimum age for legal gender recognition to 16, some respondents encouraged the Scottish Government to go further and make provision for children under 16.

“It was suggested that as children over 12 are deemed to have legal capacity to make decisions in certain circumstances, this principle could apply to gender recognition.”

Other common concerns include potential criminalisation of people who transition to another gender and then change their mind, as well as fears that the could impact women and girls rights and their access to safe spaces, by allowing men to enter if they declared themselves female.

The Scottish Government has yet to publish its response on the consultation, however Shona Robison, social justice secretary, said ministers were “committed to making necessary changes”.

She said: “The Scottish Government is committed to making necessary changes to the Gender Recognition Act to improve and simplify the process by which a trans person can obtain legal recognition. We will do this whilst ensuring we uphold the rights or protections that women and girls currently have under the Equality Act.

“Following a pause to allow resources to be diverted to respond to the coronavirus pandemic, work on the draft bill and its provisions has now resumed. More detail on the Government’s legislative programme will be included in the forthcoming Programme for Government.”

The Scottish Greens welcomed the report, and said the party was "committed" to helping protect and further therights of transgender people in Scotland. 

The party's equalities spokeswoman Maggie Chapman said: “Trans people are one of the most marginalised and victimised groups in Scottish society, and the Scottish Greens are committed to protecting and further their right to exist and be free from demonisation and abuse.

“Reform to the GRA to make their lives easier has had broad cross party support and this consultation shows broad support from trade unions, services, local councils and the third sector too.

“Now that the consultation responses report has been published we look forward to progressing this overdue reform in parliament, as outlined in the co-operation agreement between the Scottish Greens and the Scottish Government.”