MSPs will finally vote through historic gender recognition reforms on Thursday– after Conservative politicians were accused of frustrating and delaying the progress of the Scottish Government’s key legislation during a second marathon session of Holyrood.
The presiding officer announced just before 8pm on Wednesday that the final debate and vote on the legislation will now be held on Thursday, the last day of the parliamentary term before Christmas recess - with the precess delayed for the second day in a row.
On Tuesday night, MSPs were going to sit in the chamber until 2.30am before the session was ended just after midnight.
MSPs are due to debate amendments late tonight, mostly technical aspects of the Bill.
The Conservatives, the only party who oppose the reforms, continued their tactic used during a prolonged session of Holyrood on Tuesday, when they faced accusations of “wasting time” and having “blatantly and shamelessly filibustered all afternoon and evening then complained about the time”.
READ MORE: Gender reform bill Scotland: Full coverage
The Tories carried on their attempt to frustrate the Holyrood process, with proceedings suspended for more than an hour yesterday afternoon when the party’s equalities spokesperson, Rachael Hamilton, tabled a “manuscript amendment” at the last minute, while Conservative MSP Jeremy Balfour used a point of order to ask the presiding officer about portfolio questions on health – one of several Tory MSPs to hold up the crunch debate.
Scottish Conservative leader Douglas Ross was accused of “skirting close to being in contempt of parliament” by the deputy presiding officer after repeatedly delaying proceedings by raising points of order, sparking an angry response from the chair.
MSPs in favour of the legislation have vented their frustration at the Tories’ tactics but warned it will not halt the Bill.
Greens MSP and deputy convener of Holyrood’s Equalities Committee, Maggie Chapman, said: “The Tories should be ashamed of their cynical and transparent attempts to further prolong a process that has already taken far too long and undermine the functioning of the Scottish Parliament.
"These attempts to curtail the legislation have gone alongside some of the most disgraceful dog whistles and smears that have ever been used against any marginalised group in our Parliament since Section 28.
"It's not an accident. They've known exactly what they are doing. It is yet another insult to our trans siblings, who have already been the target of vicious smears and disinformation.
READ MORE: Tories accused of having 'shamelessly filibustered' gender debate
"Regardless of how late the final vote takes place, this parliament will reject the anti-democratic party-political gameplaying and division that is being stoked by the Tories. We will finally pass GRR and take a big step towards a fairer and more inclusive Scotland."
MSPs are set to approve the legislation today – that will streamline the process for trans people to obtain a gender recognition certificate.
The Bill is expected to pass its final parliamentary hurdle with Greens, Lib Dems and the majority of SNP and Labour politicians supporting the reforms.
At least nine SNP backbenchers are expected to vote against their own government while a Labour rebellion is also expected to materialise.
Under the proposals, trans people will no longer need a gender dysphoria diagnosis and forced to undergo medical examination as part of an application for a gender recognition certificate.
Instead, Scotland will move to a system of self-ID.
On Tuesday, the Scottish Government saw off a last-ditch bid from opponents, including a host of SNP backbenchers, to keep the minimum age at 18 instead of the proposed 16 – in an attempt to water down the legislation.
Earlier yesterday, MSPs agreed an amendment by Conservative MSP Jamie Greene, who supports the legislation despite his party opposing it, which will allow courts to hand out harsher punishment to those who fraudulently obtain a gender recognition certificate.
Mr Greene’s Tory colleague, Mr Balfour, claimed that in a court case of fraud, there is no tangible evidence the Crown could use as evidence to show someone had fraudulently obtained a gender recognition certificate.
READ MORE: Holyrood divided as gender recognition reforms pushed forward
Mr Balfour told MSPs there is a "real danger here that we are making a law that can never be enforced".
Mr Greene said it "could be enforced", but stressed he hoped it never will need to be.
He added that this is "not an unusual concept" that "all of that would be tested in court".
Mr Greene said that "the underlying principle" behind his amendment was to "improve the scenario that there is a greater deterrent" to fraudulently obtain a certificate.
He added that his amendment means that "if you do, the law will take that very seriously".
Shona Robison, the SNP minister responsible for the legislation, rejected an amendment by Ms Hamilton that would have created a specific criminal offence to fraudulently obtain access to single-sex spaces.
A gender recognition certificate is not required to enter a single sex space.
Ms Robison pointed to "protections under the Equalities Act" which remain "unchanged by this Bill".
She added: "Anyone entering a service, for example for victims of sexual assault that was for women only and not trans women – if a trans woman was to enter that space, it would be an offence under Common Law like breach of the peace."
But the Scottish Government backed Mr Greene’s amendment, that adds a legal aggravator to allow courts to dish out harsher punishments in fraud cases.
The minister said Mr Greene's changes area a "sensible set of amendments" which "strengthens safeguards" already in the legislation.
Ms Hamilton faced further disappointment when her “manuscript amendment”, an amendment tabled without notice past the deadline, was rejected by the parliament.
After proceedings were held up for more than an hour, presiding officer Alison Johnstone told MSPs she had given "careful consideration" to Ms Hamilton’s bid, which was in relation to a court case the Scottish Government won in relation to the definition of a woman.
But Ms Johnstone stressed that the amendment "could equally have been lodged at anytime ahead of today’s proceedings" instead of being announced out of the blue.
She added it could have been published anytime "after the judgement,” ruling that "I do not intend to let it be taken."
Later on, the Conservative leader was warned by deputy presiding officer Liam McArthur he was “skirting close to being in contempt of parliament” after appearing to suggest he was “challenging decisions” of the presiding officer, in relation to her ruling over the manuscript amendment.
Mr Ross repeatedly attempted to raise points of order in connection with the ruling.
Mr McArthur told the Tory leader the presiding officer had already dealt with the matter, but he continued to question it.
The Scottish Government rejected amendments that made explicit mention of single-sex spaces, which are protected under the UK Equalities Act.
SNP rebel Ash Regan spoke out about her claims the legislation puts single-sex spaces at threat.
She told MSPs the Bill "comprehensively undermines the single-sex exemptions".
Ms Regan added: “I would say to my fellow parliamentarians – it boils down to this – do you think women will be more or less safe as a result of this law?
“And if you have any doubt, any doubt at all that it will make women and girls less safe, then you cannot vote for it.”
“I'm going to vote as if women do matter and I'm going to vote against the Bill.”
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