Scottish women! Please write to your MSPs!

From Lorna Slater (Green)

This proposed reform is one which I have long supported, and which my party promised to support in the 2021 Scottish Parliament election. The only effect of this legislation will be to make it easier for trans people to obtain a gender recognition certificate and thereby to make the major administrative milestones of life and death less difficult and painful for them and their loved ones to navigate. The current process, which is lengthy, intrusive, over-medicalised, often prohibitively expensive in practice and lacking in dignity or respect, has understandably been much criticised by trans people and their allies.

I am aware of objections which have been raised to the Bill, but I believe that many of these are based on misunderstandings. As evidenced in the Stage 1 Report of the Equality, Human Rights and Civil Justice Committee (available here):

The proposed Bill includes provisions to create a new criminal offence of making a false statutory declaration or application and also for persons with interest to apply for the revocation of a GRC. There are therefore multiple safeguards against any possible misuse of the legislation.

No reported evidence was provided to the committee of any negative impacts or unintended consequences of similar legislation in other jurisdictions.

As the majority of the committee has clarified, the Bill itself will not change any of the protections or definitions set out in the Equality Act 2010, including the ability to exclude trans people from single-sex services where proportionate and appropriate. It is further satisfied that the Bill will not change or remove women’s rights, make changes to how toilets and changing rooms operate, redefine what a man or a woman is, nor change or expand trans people’s rights.

The Scottish Prison Service carries out a risk-assessed gender reassignment case management conference in the case of each trans person housed in the prison estate. Trans prisoners are accommodated according to the outcomes of these conferences and these decisions are not dependent on them having a GRC. The majority of the committee therefore found that this issue is outwith the scope of the Bill.

Gender recognition certificates are not used in sports’ eligibility processes, regardless of whether or not section 195 of the Equality Act 2010 (ensuring safety and fair competition) is being used. The vast majority of trans people who participate in sport do so without a GRC and are welcomed by other participants and team members. The majority of the committee does not consider that the Bill will impact the decisions made by sports’ governing bodies on the grounds of safety, wellbeing, fairness and inclusion.

There are also valid and important concerns about the quality and accessibility of trans healthcare, and while this is not directly related to changes to the process for obtaining a GRC we are committed to improvement in these services. We have already, and we expect to bring waiting times in line with other NHS services as well as developing new delivery models. We also expect recommendations on the best ways to achieve equality for non-binary people.

These reforms are, in my view, long overdue. The delay in delivering them has been accompanied by a disturbing rise in transphobic sentiment in politics and in the media, as well as a rise in hate crime. I believe that the Scottish Government and all political parties have a responsibility to challenge transphobia, just as we must challenge homophobia, racism, misogyny, sectarianism and other forms of prejudice. Passing the legislation to reform the GRA is only one step, but an important one, and I look forward to voting for it.

Thank you for link.

From Liam Kerr:

"Thank you for getting in touch. I think the questions you raise are the right ones. When I attended the Rally outside Parliament last week, I listened as the speakers outlined their serious concerns on these proposals as to their impact on women and hard-won women's rights.

As it stands, I cannot see how I could vote for the progression of a Bill which would have the consequences you - and they - suggest and which would erode hard-won women's rights."

Yes. And don't forget to ask them to vote against the Bill in principle at the Stage 1 debate on 27th October.

Reply from Douglas Ross:

"Thank you for contacting me regarding the SNP Government’s Gender Recognition Reform Bill.

The Scottish Conservatives recognise that improvements to the system of gender recognition would be beneficial for trans people. Now that the SNP Government have published their Bill we will constructively scrutinise proposals that may help to make the system and process easier.

However, as drafted, the proposals do not protect women’s rights and they do not offer enough protection for women’s safety. Women have raised legitimate and reasonable concerns about sections of this bill and it is essential that the SNP Government both listens to and addresses those concerns.

Improving the process for transgender people must not come at the expense of women’s rights and safety.

My colleagues and I have been concerned that there has not been sufficient engagement with women’s organisations, who have legitimate criticisms of proposed reforms to the Gender Recognition Act, prior to the introduction of the bill. It is essential that the SNP Government increases its engagement with those groups to address these concerns as this legislation progresses through Parliament. It is crucial that no individual or organisation should feel excluded from this process, regardless of their views.

As I understand, these concerns relate to the relationship between the Equality Act 2010 and this new legislation and the lack of clarity that the bill provides in its current form. It is essential that any improvements made to the process for transgender people do not come at the expense of women’s rights and safety."