Scottish Government publishes controversial gender reform plans

The Bill is intended to simplify and speed up the system used by trans people to obtain a certificate legally recognising their acquired gender, allowing them to obtain a new birth certificate showing that gender.

Supporters, including Nicola Sturgeon, say the reform is long overdue and will replace a painful, bureaucratic process, while critics fear it will undermine women’s rights and make it easier for male predators to claim to be transgender in order to abuse others.  

Up to 10 SNP MSPs are reported to be planning to oppose or abstain on the Bill, even though it was a manifesto commitment and part of the SNP-Green joint government deal.

SNP finance secretary Kate Forbes, who is a devout Christian, this week conspicuously failed to say whether she would support the Bill. 

SNP MP Joanna Cherry QC has also urged caution.

One feminist group said the Bill was "sexist", put women's safety at risk, and implied "being a woman is nothing more than a feeling or a costume".

The current UK-wide legislation on the issue requires people to obtain a medical diagnosis of gender dysphoria and wait at least two years for a gender recognition certificate (GRC).

The Scottish Bill will amend this to remove the need for a medical diagnosis or other evidence, allowing people to self-identify in their new gender by swearing they intend to live permanently in it, with false statements punishable by up to two years in jail. 

The Bill also cuts the waiting time to six months, and reduces the age threshold from 18 to 16.

The Bill will not affect the ability of some single-sex spaces, such as women’s refugees, to exclude transgender women who were born biological males. 

Ms Shona Robison said: “Trans men and women are among the most stigmatised in our society and many find the current system for obtaining a Gender Recognition Certificate to be intrusive, medicalised and bureaucratic.

“This Bill does not introduce any new rights for trans people. 

“It is about simplifying and improving the process for a trans person to gain legal recognition, which has been a right for 18 years.

“Our support for trans rights does not conflict with our continued strong commitment to uphold the rights and protections that women and girls currently have under the 2010 Equality Act. This Bill makes no changes to that Act.

“The Scottish Government has always been keen to seek consensus where possible and to work to support respectful debate. That will remain a guiding principle as the Bill progresses through Parliament.”

She later told MSPs the number of GRC applications was expected to increase from around 30 to between 250 and 300 per year after the Bill became law.  

Speaking in Holyrood, Ms Robison said: “There are around 25,000 people who are part of the trans community in Scotland, only about 600 of them actually have a gender recognition certificate (GRC).

“I see this Bill as the law catching up with how people are already living their lives, because far more of those 25,000 people would want to obtain a gender recognition certificate but the process… puts people off doing that and you can understand why.”

She added: “This is one of the most marginalised sections of our community and this Bill is important for them and it’s important about saying who we are as a nation as well, and I hope we can go forward on that basis.”

The Bill looks set to pass Holyrood, with four of five parties in support – although the threat of an SNP rebellion could see the legislation fall if members are given a free vote.

Tory MSP Meghan Gallacher voiced her party’s opposition to the Bill, saying: “The Scottish Conservatives recognise improvements to the system would be beneficial for trans people.

“We will constructively scrutinise the proposals in the Bill that may help to make the system and the process easier.

“However, the proposals as they stand do not protect women’s rights.

“They do not offer enough protection for women’s safety. The concerns of women are legitimate, they are reasonable, they are honestly and sincerely held.”

The Tory MSP asked if the Social Justice Secretary would “listen again” to women’s groups who have raised concerns.

“We have, and I have, listened to those concerns, we understand those concerns – which is one of the reasons why I’m making this extended statement to parliament today,” Ms Robison said.

“We have to, as legislators, always look at the evidence – the evidence is critical here.

“All of the evidence shows the threat to women and girls’ safety comes from predatory and abusive men, not the trans community.”

Ms Robison also said there was “no evidence” from the 10 countries around the world who have implemented self-ID laws that those concerns have come to pass.

Scottish Labour MSP Pam Duncan-Glancy urged her fellow MSPs to “be bold” and pass the legislation.

“Trans people’s rights are human rights, they must be treated with the same dignity and respect as everyone else,” she said.

“Right now, the process of getting a GRC does not do that, it is lengthy and traumatic – which is why we support reform of the Gender Recognition Act and to de-medicalise the process.”

But Ms Duncan-Glancy said the years that it has taken for the legislation – which was subject to two extensive consultations dating to 2017 – has led to a “vacuum” being formed.

“That has allowed fear and ignorance to prosper,” she said.

LBGTI groups welcomed the Bill’s appearance.

Equality Network director Tim Hopkins said: “We are united in calling for respectful debate. Social media is now often a horrible place for trans people, because of the unrelenting abuse.

"Many others, including MSPs, and in particular women and those on both sides of this debate, experience that abuse too. We should all speak out about the unacceptability of personalised abuse or threats in political debate in Scotland.”

LGBT Youth Scotland Chief Executive Mhairi Crawford said: “Young people tell us that this is particularly important as they move between education institutions, out of the family home, or start work and significantly benefit from consistent gender markers across their documentation. 

"Positively this will be extended to 16 and 17-year-olds, in keeping with the rights and responsibilities afforded to this age group in other aspects of their lives. They would also like to see a process put in place for those under 16 to be able to access a GRC and we call for this addition.”

Stonewall Scotland and Northern Ireland Director Colin Macfarlane said: “It has been six years since the Scottish Government pledged to make this reform. 

“In that time we have had two major public consultations, endless discussion about trans people rather than with trans people about their lives along with daily misinformation about what these proposals will actually do. 

“Recent polling suggests a majority of Scots are in favour of the proposed changes. 

“It is now time to get on with the process of legislative scrutiny, which should be done in a respectful way based on evidence and fact.

"We look forward to working with MSPs across all parties to ensure the Bill passes so that trans people can be free to be themselves.”

LGBT Health and Wellbeing Chief Executive Maruska Greenwood added: “Through our helpline, trans-specific and wider support programmes we see on a daily basis the hugely negative impact the divisive public debate is having on trans adults in Scotland. 

“Whilst many in society have strong views on these issues, there is widespread recognition of the need to reform the Gender Recognition Act. 

“We call for a balanced and measured dialogue in which we all work to ensure that the voices, needs and experiences of trans people can be respectfully listened to.”

The feminist For Women Scotland group said: "This sexist Bill takes a wrecking ball to safeguards by giving any man a passport to self-declare they are a woman without checks or any need for medication, surgery or diagnosis.

"We have already seen the devastating impact of this sort of self-ID on women's rights in other jurisdictions.

"Everyone knows that a man cannot become a woman by force of will or magical thinking: it’s insulting and worrying that the Scottish Government do not.

"They are, apparently, willing to sacrifice women's safety, set our rights back by decades, and reinforce the notion that being a woman is nothing more than a feeling or a costume.

"It is clear that no consideration has been given to the well-evidenced concerns raised by critics, probably because the Scottish Government finds them impossible to address.

"The belated meetings with women’s organisations and those representing parents, detranistioners, medics, and others were window dressing only.

"A prudent Government would have paid heed to EHRC and sought to understand the conflicts."

Green MSP Maggie Chapman said: “I am pleased that this Bill has finally been tabled – it is long overdue.

"The current system of gender recognition is lengthy, often expensive, and causes unnecessary distress, trauma and anxiety. It is damaging to trans people’s mental health and also puts their lives in danger.

“There has been a lot of misinformation surrounding the simple proposals outlined today, which will allow trans people to change their birth certificate to recognise them as who they are, including when they marry, pay their taxes or get their pension.

“Every Scottish party’s manifesto pledged these reforms in their 2016 manifesto, so I’m glad that with Greens in government we can finally catch up with other countries who have taken these first steps to make the lives of trans people easier and protect their basic rights to exist, something which should not be up for debate.”