THE FIRST trans president of NUS Scotland has rubbished claims “bad faith actors” will use gender recognition proposals to attack and harass women in single-sex spaces.

MSPs are taking evidence on the Scottish Government’s Gender Recognition Act proposals, supported by all Holyrood parties except the Conservatives.

Under the plans the system used by trans people to obtain a certificate legally recognising their acquired gender will be simplified and sped up while the age limit will be lowered from 18 to 16.

The legislation has no impact on single-sex spaces, despite claims made by opponents including the Conservatives.

Under the Equality Act 2010, single-sex spaces are given an exemption – meaning providers can legally refuse to allow trans people access, with no changes to be made to the legislation through the Bill making its way through Holyrood.

Speaking at Holyrood’s Equalities, Human Rights and Civil Justice Committee, Tory MSP Pam Gosal Told MSPs that “the self-declaration aspect could open the bill up to abuse by bad faith actors” and suggested that certain criminals should be barred from obtaining a gender recognition certificate.

She asked witnesses: “Do you think there are certain groups of individuals, for example those on the sex offenders register, that should be ineligible to apply for the gender recognition certificate on the basis of self-declaration?"

“If not, are there any other safeguard you think would be best placed to ensure that there are no unintended consequences of the bill on children’s rights?”

Ellie Gomersall – the first trans person to be elected as the president of NUS Scotland – said: “If a predator was wanting to access single-sex spaces in order to commit crimes, they would not got through the process of making a statutory declaration of obtaining an already quite difficult to obtain gender recognition certificate in order to do so.

“People don’t check birth certificates as you walk into a toilet.

“They are crimes, they are already against the law, so it wouldn’t make a difference whether they had a gender recognition certificate or not.”

When pushed by Ms Gosal on the fact that the Bill would make it easier to obtain a gender recognition certificate – with the time required for a person to live in their required gender being reduced, from two years to three months with a further three month reflection period – Ms Gomersall said there would still be a statutory declaration made.

“I don’t see why anyone would do that unless they were trans,” she said.

“I think it’s also important we acknowledge the stigma and hostility that still comes about in society today unfortunately with being trans.

“I don’t think that anyone would put themselves through that in order to commit a crime that they would be able to commit regardless of whether they have that certificate or not – it has no bearing on it.”

She added: “We have to be really clear on what having a gender recognition certificate does and accessing single-sex spaces is simply something it doesn’t do.”