THE SNP’s Social Justice Secretary has rejected a call to further delay modernising the gender recognition process as she refuted “misunderstanding” over the plans.
Shona Robison told MSPs that there is a need to overhaul the “lengthy, invasive and demeaning” process for trans people to obtain a gender recognition certificate (GRC) if they wish.
The Scottish Government proposals, backed by all Holyrood parties except the Scottish Conservatives, include the removal of the need for a psychological assessment and a gender dysphoria diagnoses in favour of self-declaration – while the lower age limit is set to be reduced from 18 to 16-years old.
Speaking at Holyrood’s Equalities, Human Rights and Civil Justice Committee, Ms Robison said the update will bring the process in Scotland “more in line with the current understanding of international best practice” as well as to “remove barriers to trans people accessing their existing rights”.
READ MORE: Holyrood protester ejected for Nicola Sturgeon 'destroyer of women's rights' t-shirt
Some groups have claimed that the proposals will impact the rights of women and girls – particularly around single-sex spaces. But there is no requirement to hold a gender recognition certificate to access single-sex spaces and exemptions in the Equalities Act will not be altered by the proposals.
Ms Robison said: “I know that there are deeply-held views on transgender issues and I do appreciate that reservations about the Bill are often connected with legitimate concerns about the violence, abuse and harassment that women and girls face in our society.
“Trans people are not responsible for that abuse and often face it themselves.
I’m also aware that many view these reforms as vital and overdue.”
The Cabinet Secretary told MSPs that Government officials “estimate that the number of Scottish GRCs might rise from around 30 to 250 and 300 a year”.
Officials added that initial costs setting up the changes could amount to between £300,000 to £350,000, while annual running costs are estimated to be around £150,000.
Ms Robison stressed that “there has been some misunderstanding around what the Bill does not do”.
She said: “The Bill does not change the protections set out in the Equalities Act, it does not change the exceptions in that Act that allow single-sex service to exclude trans people where that is a proportionate means of achieving a legitimate aim, including where those trans people hold a GRC.
“The Bill does not change or remove women’s rights – it does not make changes to how toilets and changing rooms operate, it does not redefine what a man or a woman is, and it does not change or expand trans people’s rights.
“The Bill does not change the effect of a GRC – which is that the individual is legally recognised in their acquired gender.”
Ms Robison added: The Bill does not change the way gender identity healthcare is provided or make changes to public policy including NHS patient care – it does not alter the practices for collecting or processing data, including that relating to crimes.
It does not change the way Scottish prisons accommodate the people in their care and it makes no changes to women’s sport.”
The Social Justice Secretary said that she has “listened and considered” the views of those who oppose the reforms.
But she insisted the plans “strike an appropriate balance in improving access to important human rights” and also “providing a robust and serious process not to be undertaken lightly”.
Tory MSP Pam Gosal raised some campaigners who “feel their views have not been represented or heard”, claiming that the committee has “had to make last-ditch attempts to secure witnesses to ensure the scrutiny of the Bill is more balanced”.
She said that the initial part of the process has been “rushed through”.
Addressing Ms Robison, Ms Gosal added: “Those affected by the Bill, in addition to the committee members and democracy, would benefit from a more thorough approach with a longer timescale for the evidence sessions. “Therefore, do you believe that at this stage, it would be beneficial to delay stage one of this Bill?”
But Ms Robison insisted: “No, I don’t agree with that.”
She said: “This has been subject to a lot of consultation – there have been two Scottish and one UK consultations – all of which received high numbers of responses. In those consultations there was generally more support than opposition.
“I do not think it would be appropriate to pause. I think it’s now for this committee to do its work and it’s for Parliament to make a judgement about the details of this Bill and whether it supports it.
“We’ve been a long time getting to this point and I think any further delay is not going to necessarily enhance the public discourse around these issues. I think it’s come to the point where as legislators and parliamentarians, we need to make a decision about this.”
Ms Robison added: “I think any further delay, given all the delays that there’s already been, would not be helpful.
“I think people who are deeply affected by this, and I reiterate a tiny number of people for whom this is really important, would have further delay in being able to bring their legal status and documentation into line with how they live their lives. “I don’t think that would be the right thing to do.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel