16 and 17-year-olds to be eligible for gender recognition

Along with the support of the majority of SNP MSPs, and backed by the LibDems and Greens, the Bill is likely to be agreed today.

MSPs failed in an attempt to scale back the overhaul – with the minimum age limit to be lowered from 18 to 16.

Under the Scottish Government’s plans, trans people will no longer require a gender dysphoria diagnosis and have to undergo medical evaluations to legally change gender.

Instead, Scotland will move to a system of self-ID, in line with several countries including Ireland and France.

READ MORE: MSPs consider gender reform bill changes ahead of crunch vote

But the key principle of lowering the minimum age from 18 to 16 came under threat yesterday when SNP MSPs hit out at their party's Government and their proposals.

SNP MSP Ash Regan, who quit the government last month over her opposition to the legislation, told ministers that she did not think 16 was "an appropriate age" for a "very profound change".

She added: "The age should be 18 and no lower, in my view."

Ms Regan claimed that MSPs should "exercise extreme caution in this area".

SNP MSP Kenny Gibson also appealed for the age limit to be left alone, claiming that an 18-year-old limit gives young people "time and space to grow" and be "better able to take the right decision".

READ MORE: Gender expert reaffirms UN's self-ID support ahead of crunch vote

Their outspoken SNP colleague, Fergus Ewing, added his voice in support of the age limit being retained at 18 instead of being lowered to 16.

Mr Ewing claimed that a "substantial majority of people in Scotland oppose the reduction of the age to 16".

But SNP Civil Justice Secretary, Shona Robinson, hit back at the claims, insisting "there have been many consultations and polls" that "show support" for the proposals, including a "BBC poll conducted earlier this year".

The minister admitted that "there is difference of opinion" about the Bill and specifically the lowering of the age limit, stressing it is "one of the most difficult to address".

She added: “It’s young people themselves who are saying that they want to be able to get on with their life with all of the documentation reflecting who they are and how they’re living their life, and I don’t think that’s an unreasonable thing to ask for.

"Young people in Scotland are empowered at 16 to leave home without parental consent, to get a full-time job, pay national insurance, enter into a legally binding contract, consent to medical procedures, to marry, change their name, and vote for members of this parliament.

READ MORE: Misinformation over gender recognition plans used to 'whip up moral panic'

"And while, of course, it is possible, as others have done, to point to comparators for what you can and cannot do at specified ages, applying for a legal gender recognition generally aligns with the other comparable rights and responsibilities young people obtain at 16.”

Earlier, Labour MSP Jackie Baillie had called for the age limit to essentially be shifted to 16 and a half, a move branded "confusing" by Ms Robison.

Mr Baillie raised concerns that a 15 and a half year olds would be able to live in their acquired gender for the minimum period of six months for those younger than 18, and obtain a gender recognition certificate on their 16th birthday.

MSPs rejected the bid for the limit to be retained at 18, paving the way for 16 and 17-year-olds in Scotland to be able to apply for a gender recognition certificate for the first time, subject to the legislation being passed by MSPs.

Conservative MSP Russell Findlay pushed forward his amendments relating to sex offenders.

He labelled the Scottish Government's gender recognition reforms as "radical" and "experimental".

Mr Findlay's amendments included those on the sex offenders register being unable to obtain a gender recognition certificate.

But concerns had been raised this intervention could go against the European Convention on Human Rights.

Another one of Mr Findlay's proposed amendments would prevent anyone charged with rape or a sexual offence being allowed to apply for a certificate.

Another SNP rebel, Michelle Thomson, also raised concerns about those accused of sexual offences being able to legally change gender.

She claimed the move would give offenders "power and control over their victims".

Ms Thomson, who has previously spoken out about her experience of sexual assault, told MSPs that the trauma she felt due to the gender recognition debate forced her to "go home one day in floods of tears and withdraw from a debate".

Ms Thomson hit out at the Scottish Government, claiming the proposals are "putting the rights of a GRC-seeking man" charged with sexual offences "above the rights of a woman".

But the Scottish Government rejected the bids from both Ms Thomson and Mr Findlay, with Ms Robison branding the Tory MSP's proposals as "disproportionate".

Instead, Ms Robison supported an amendment by SNP MSP Gillian Martin which provides the ability for the chief constable to notify authorities after a "risk assessment" about applicants who are on the sex offenders register .

She added: "Should that risk be unacceptable, Police Scotland will apply for a sexual harm prevention order or sexual offences prevention order."

Ms Martin said this would prevent applicants obtaining a gender recognition certificate.

After MSPs voted 64-59 against Mr Findlay's "blanket ban" on sexual offenders being able to apply for a gender recognition certificate, deputy presiding officer Annabelle Ewing was forced to suspend the meeting for around 30 minutes after a protester was heard shouting "shame on all of you" and "there is no democracy here".

Ms Ewing instructed all members of the public to be temporarily removed from the gallery.

MSPs are set to vote on the final proposals today and the plans are set to have the support of enough politicians to see them approved.

Rebellions are expected from Labour and SNP MSPs, but not as such a scale as to sway the outcome of the vote.