MSPs have agreed historic legislation to modernise the process for trans people to obtain a gender recognition certificate – labelled “an important step towards creating a more equal Scotland”.
LGBTQI+ campaigners said trans people will feel “pleased and relieved” after the Bill was passed, adding that it comes “after many years of difficult public debate that has often felt like people are talking about us, and not to us”.
Politicians voted overwhelmingly at Holyrood, by 86-39 in favour of the Scottish Government’s key proposals that will mean trans people will no longer require a gender dysphoria diagnosis to obtain a gender recognition certificate.
The minimum age will also be reduced from 18 to 16 under the self-ID plans.
The Conservatives, the only party to oppose the Bill, pointed to claims the proposals impacted on the safety of women and girls.
But in a potential blow to the proposals, the UK Government has suggested it could use the Scotland Act to stop the Bill becoming law.
Scottish Secretary Alister Jack said: “We share the concerns that many people have regarding certain aspects of this Bill, and in particular the safety issues for women and children.
“We will look closely at that, and also the ramifications for the 2010 Equality Act and other UK-wide legislation, in the coming weeks – up to and including a Section 35 order stopping the Bill going for Royal Assent if necessary.”
But in response, a Scottish Government spokesman warned that “any attempt by the UK Government to undermine the democratic will of the Scottish Parliament will be vigorously contested”.
READ MORE: Live: MSPs vote on final gender recognition reforms
Shona Robison, the minister responsible for the gender recognition reforms, told MSPs the Bill is a “culmination of a six-year process of consultations and policy development”, adding that the Bill will “remove barriers for trans people”.
She added: “Never has so much been said about so few”.
Ms Robison labelled the plans “an important step towards creating a more equal Scotland”.
She told MSPs that the legislation will be “more respectful of the privacy and dignity” of trans people and insisted that the Bill has no impact on the significance of a gender recognition certificate.
READ MORE: Gender recognition reforms vote delayed for second day
Ms Robison stressed that the Bill has no impact on the provision of single sex spaces and services, pointing to protections in the Equality Act.
She added: “I supported the agreed amendment that puts that beyond doubt on the face of the Bill.
“Trans rights are not in competition with women’s rights."
“Those exceptions under the Equality Act 2010 remain and trans women can be excluded from those spaces if it is proportionate.”
But Conservative equalities spokesperson, Rachael Hamilton claimed the debate “has shown this parliament at its worst”.
She added that the process has been “sorely missing compromise by the Government for women all over Scotland”.
She told MSPs that “women have real fears” that “have been ignored” by SNP ministers.
Ms Hamilton claimed that "Nicola Sturgeon has not brought the people of Scotland with her".
She also claimed that the plans are "making it easier for criminal men to attack women".
She told MSPs that the plans will allow "sex offenders to get in single sex spaces of women".
No gender recognition certificate is needed to enter a single sex space.
Ms Hamilton said that "this parliament has to think about the message we will send to young women".
She labelled the Bill a "sub-par shoddy piece of legislation which is not fit to pass into law".
Closing the debate, Ms Robison was interrupted by a protester, leading to a short suspension of the meeting.
READ MORE: Gender recognition reforms: MSPs to consider final amended Bill
She asked MSPs to unite and challenge transphobia, which can happen anywhere, including in the Parliament.
Ms Robison added: "The othering of a minority is totally wrong and we must call it out for what it is because we are better than that."
Campaigners welcomed the vote in favour of the Bill.
Vic Valentine, manager of Scottish Trans, said: “Trans people across Scotland today will be feeling pleased and relieved that this Bill has passed, after many years of difficult public debate that has often felt like people are talking about us, and not to us.
“The law that has passed today will mean that at important moments in their lives, like when starting a job or giving notice to be married, trans men and women will be able to show a birth certificate that reflects who they are.
“We all want to be able to live true to ourselves, and by voting for these simple but important changes to the existing process for trans people to be legally recognised, MSPs will improve trans men and women’s lives by allowing them to live with the dignity and recognition that everyone deserves.”
Tim Hopkins, director of the Equality Network, said: “We thank MSPs, from all parties, who supported this Bill, and those who engaged constructively on amendments.
“This result follows others where the Scottish Parliament has carefully considered the evidence and then legislated for fairness and equality.
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