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Feminism: Sex and gender discussions

Scottish GRA draft legislation

89 replies

ItsAllGoingToBeFine · 15/12/2019 22:58

According to Shirley Anne Somerville (MSP) on twitter twitter.com/WG_Scotland/status/1206322648206233600?s=19 the draft GRA bill will be out next week.

Women and Girls in Scotland have done some tweeting about the form the consultation is likely to take and they are hoping to release some guidance next year.

Definitely one to keep an eye on, and submit responses too. Even though this is Scottish legislation you can be sure that Westminster will be watching closely.

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AnyOldPrion · 17/12/2019 13:16

I think the biggest effect of this legislation will be to embolden males who want to access single sex spaces, trans and non-trans alike

I agree with this Charleston.

I also think that it’s quite possible that because there was no discussion in the jurisdictions where this has already been introduced, very few people, other than dedicated trans campaigners, would even be aware the legislation had been brought in.

So those likely to abuse the legislation very likely don’t know it exists. But of course as word filters out, as is already occurring in prisons, then the problems become very quickly apparent.

And of course this is another reason why those pushing this are keen to roll it out without delay. They don’t want time for problems to emerge.

ScrimshawTheSecond · 17/12/2019 13:08

crosspost, OhHoly but yes, it's pretty damn cruel to the child and her family to pretend they don't exist and that incident never happened.

ScrimshawTheSecond · 17/12/2019 13:07

At what point will the risks and repercussions be concluded as not acceptable?

Do they give a number of assaults, rapes, etc, such as Katie Dolatowski's recent assault on a child in a toilet, which was followed by Dolatowski being housed in a woman's single sex accomm? Presumably this pretty illustrative case is being discounted. For some reason.

Of course much of the effect will be unquantifiable - how exactly do you count women who won't access or try to access single sex spaces because they know there may be males there? How do you count women not attending smears or mammograms because they've been told they're bigoted for requesting a female HCP? What about all the womens' groups that have now got to consider the presence of male-bodied people? Lesbian groups? Teenage schoolchildren avoiding toilets? Women who are now being told even the word 'woman' is exclusionary and therefore must be avoided?

We are being erased.

OhHolyJesus · 17/12/2019 13:01

As I read this I'm thinking of the victims of Katie Dolatowski at the Morrison's in Fife.

No risk huh? Tell those little girls and their parents that.

AuntieRae · 17/12/2019 12:34

First time commenter here. I wanted to add that in addition to Women & Girls Scotland, its worth following Murray Blackburn Mackenzie on Twitter. They are Edinburgh based policy analysts and have done a lot of research on the value of sex-disaggregated data.

rodgmum · 17/12/2019 12:32

I’m horrified that the age for applying for a GRC will be lowered to 16. It’s far too big a life changing decision to be made at 16.

dragongirlx · 17/12/2019 12:32

Its five very target questions in the consultation.

No space to include other comments and no questions on sex based rights and any conflict

charlestonchaplin · 17/12/2019 12:10

I can’t see how single sex spaces can be enforced. The EHRC said service providers should not ask to see GRCs. All other ID documents will read ‘female’. They know they are rendering the Equality Act useless as far as single sex spaces are concerned. They just think most people are too stupid to work that out.

In fairness I don’t think many places are asking to see birth certificates at present, but they can, and I think the biggest effect of this legislation will be to embolden males who want to access single sex spaces, trans and non-trans alike. With all the discussion, they too will learn that it is considered bad practice to request sight of a GRC and that organisations that want to use birth certificates to separate out men must ask EVERYONE (not just suspected males) to produce a birth certificate. More of these males, possibly many more, will demand access to female spaces, even those who aren’t legal females because they’ve got a really good chance of getting in.

littlbrowndog · 17/12/2019 12:08

I read on twitter that a guide will be going our

Am going to wait on that

AnyOldPrion · 17/12/2019 12:05

Deeply frustrating that they claim there is no evidence of problems from countries where this has already been introduced.

The Faculty of Advocates cautioned during the last consultation that there had not been enough time for problems to have emerged. And lo and behold, problems are now beginning to emerge, most notably in Canada, but also now in Ireland vis-a-vis prisoners.

The fact that the single sex exemptions are not even being applied currently to prisons, where the problems of male violence and female vulnerability are most likely to collide gives me no faith whatsoever in the idea that the government will ensure the situation is balanced.

ItsAllGoingToBeFine · 17/12/2019 11:51

With these proposals anyone can get a GRC with ease. Not only will there be a large rise in the number of males using women’s spaces, the very worst kind, the sexual fetishists, will be over-represented.

Unless of course providers start using and enforcing the exceptions. I know I'm being naive, but it might not be so bad if single sex spaces generally applied single-sex exemptions (which in most places they should be able to) and if the confidentiality clause is changed so that if a trans person is challenged in a single sex space they are required to show their GRC to the provider of the space?

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charlestonchaplin · 17/12/2019 11:48

How can obvious males be excluded when all their ID documents tell us they are female?

That should say, ‘How can even obvious males be excluded when all their ID documents tell us they are female.’

ItsAllGoingToBeFine · 17/12/2019 11:48

I think the "spousal veto" remains - need someone smarter than me to check...

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smileylottie87 · 17/12/2019 11:47

@ItsAllGoingToBeFine thank you, so we are back in that'll never happen territory then

charlestonchaplin · 17/12/2019 11:45

One of the safeguards of the original GRA was the relatively small number of males who were expected to use female spaces. The Minister responsible also said review by the panel (so not just anyone would be granted a GRC) was another safeguard. In reality very few were refused.

With these proposals anyone can get a GRC with ease. Not only will there be a large rise in the number of males using women’s spaces, the very worst kind, the sexual fetishists, will be over-represented.

ItsAllGoingToBeFine · 17/12/2019 11:44

What would happen with CRB checks?

This was actually specifically addressed:

^5.07. People cannot take advantage of the GRA to hide a criminal offence. Individuals can obtain disclosure certificates for employment purposes, but previous names must be provided as part of that process. If a trans person is applying for a disclosure certificate, they can apply using their present name, and that name is all that they have to include on the application form. Separately, and in the strictest confidence, they must also provide any previous
names to Disclosure Scotland. It is a criminal offence to make a false
statement in relation to an application for a disclosure certificate. As stated in Chapter 4, it will remain a criminal offence for anyone to lie or be fraudulent in order to obtain a GRC.^

So yes, it relies on hypothetical trans person with a record choosing to directly contact Disclosure Scotland with their previous names either through honest, or through fear of committing (another) crime.

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ItsAllGoingToBeFine · 17/12/2019 11:41

5.57. The Scottish Government has carefully considered whether moving to a statutory declaration-based system for obtaining legal gender recognition, as outlined in the draft Bill, would impact adversely on the rights of women.

5.58. The key question in this context is very much about whether a change in the system for obtaining legal gender recognition would adversely affect women’s rights. The Scottish Government has concluded that it would not.

^5.59. In reaching this view, the Scottish Government has considered
international experience. As outlined in Annex E, there are a variety of
systems for obtaining legal gender recognition in other countries. There is no evidence from overseas which the Scottish Government is aware of which would suggest that moving to a statutory declaration-based system for obtaining legal gender recognition would impact adversely on the rights of women. Under the system which the Scottish Government is proposing for Scotland obtaining legal gender recognition will remain a serious step which could not be undertaken lightly^

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ItsAllGoingToBeFine · 17/12/2019 11:39

5.56. The Scottish Government agrees that while the 2010 Act’s single and separate sex service exemptions will continue to apply after reform of the gender recognition process, non-statutory guidance by the UK Government could be helpful.

I think we all agree

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smileylottie87 · 17/12/2019 11:39

What would happen with CRB checks?

charlestonchaplin · 17/12/2019 11:38

Can anyone explain to me how the single sex exemptions in the Equality Act are to be enforced? How can obvious males be excluded when all their ID documents tell us they are female?

ItsAllGoingToBeFine · 17/12/2019 11:37

5.40. Therefore, trans persons can be excluded from communal accommodation when this is required for reasons of privacy, and this is a proportionate means of achieving a legitimate aim.

It's be very nice is ScotGov would let everyone know about all these exemptions that apply, and that Stonewall et al are completely wrong...

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ItsAllGoingToBeFine · 17/12/2019 11:36

Oh hang on, should have read on...

^One point
which might arise when using the general occupational requirements
exception is that some people in an organisation (eg people in its HR
department) may know about a person’s trans history but those actually taking
the decisions on staff deployment (eg line managers) may not. In these
circumstances, and when there is a legitimate case to use the general
occupational requirements exception, the Scottish Government considers that
it would be appropriate for information about a person’s trans history to be
shared in a strictly limited, proportionate and legitimate way.^

And they might change the confidentiality section to allow details to be disclosed in more cases...

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ItsAllGoingToBeFine · 17/12/2019 11:34

Er what?

5.27 A further point which has been raised in this area is whether section 22 of the GRA, on prohibition of disclosure of information, could make it harder to use the general occupational requirement exception.

5.29. The Scottish Government considers it wholly appropriate to safeguard trans people in this way.

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AnyOldPrion · 17/12/2019 11:33

A recipient of the fund would be able to apply an exception which is available under the 2010 Act and could state as much in their inclusion plan. "

Yeah, ‘cos everyone is going to respond to “tell us your trans inclusion plans” with “we’re going to exclude them on the basis of sex”

ItsAllGoingToBeFine · 17/12/2019 11:32

Also interesting...

5.22. Paragraph 1 of schedule 9 provides a general exception to what would otherwise by unlawful direct discrimination, including a requirement that the person not be a trans person, where there is an occupational requirement due to the nature or context of the work, and this is a proportionate means of
achieving a legitimate aim.

5.23. In the Explanatory Notes for the 2010 Act an example given is that “acounsellor working with victims of rape might have to be a woman and not a transsexual person, even if she has a Gender Recognition Certificate, in order to avoid causing them further distress”.50

5.24. When appropriate, this exception could also be used in relation to health services where, for example, intimate health and personal care services are provided.

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