Scottish women! Please write to your MSPs!

[ArabellaScott]

Info and templates from For Women Scotland on the proposed introduction of self ID in Scotland:

forwomen.scot/08/10/2022/gender-recognition-reform-bill-stage-1-action/

To find your MSPs:

www.writetothem.com/

Please spread the word!

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."

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."

Thank you for link.

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.

Thanks, Betsy, yes that OP was missing some words, sorry!

I see Lorna Slater almost managed a thoughtful answer, but couldn't resist her wee swerve into bollocks at the end there. Inevitably, she can't respond to women's genuine, proportionate concerns without trying to suggest they're somehow allied to transphobia.

In what other issues where there's a clash of rights does anyone feel the need to perform a genuflection to the One True Way in every communication?

Reply from Ariane Burgess:

This proposed reform is one which I have long supported, and which my party promised to support in the 2021 Scottish Parliament election. The effect will be to make it easier for trans people to obtain a Gender Recognition Certificate (GRC), and thereby making 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 Scottish Human Rights Commission, other expert bodies and the majority of the Committee agree that the Cass Report, being concerned with issues of healthcare in England, is not relevant to the question of gender recognition reform in Scotland.

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.

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

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.

From Emma Roddick:

Thank you for taking the time to write to me on this important issue. I am aware of the content of the consultations on the proposed bill which you have outlined. I will explain my reasoning below for supporting these measures:

Reduction in time spent living in acquired gender: if you believe that someone should have a GRC before they can live in an acquired gender and access spaces as that gender, it seems contradictory to demand they do that for longer before being legally recognised. I support simplifying this process.
GRCs themselves do not grant the holder access to any spaces – the spaces you refer to are already used by trans people. It is very unlikely you will be asked to produce a birth certificate in order to access the places you mention.
Reducing the age: we recognise 16-year-olds as adults in most other areas of rights, such as voting, so I am not in principle opposed to allowing them to seek help if they are trans. The waiting period and length of the process are also very long.
Removing the need for a diagnosis of gender dysphoria: I do not believe that a diagnosis of gender dysphoria should be required for someone to receive a GRC. The strides made in the ICD-11 by removing being transgender as a mental health condition are positive and I consider this reform to the GRA to simply be a case of the law catching up with advancements in medical understanding.

As you will likely know, both the Scottish National Party and the Scottish Green Party committed in their 2021 election manifestos to reform the Gender Recognition Act, allowing our trans community greater and simpler access to change the gender marker on their birth certificates. I was elected on the SNP manifesto and I firmly agree with that key article – this reform is necessary and long overdue.

In line with the agreement between our parties, this legislation will likely be introduced early in this parliamentary session. I believe that the people of Scotland have already expressed their resounding assent to these plans by offering a majority of their vote to parties that support reform.

I appreciate that there remain concerns about this legislation, and I am always willing to engage in the spirit of good faith with those who hold a differing position on this from myself. As a disabled woman and a feminist, however, it is clear to me that securing the human rights of another marginalised group takes nothing from my own.

I hope this has explained my position. Please do not hesitate to get in touch if there is anything else I can help with as your regional MSP.

Neither of the last two have answered the specific questions put to them. Just bog standard pat replies that don't even acknowledge the issues and unresolved questions never mind attempt to answer them.

Pam Gosal:

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

Since the SNP Government published their Bill, we have been constructively scrutinising to ensure the Bill has no unintended consequences.

However, as drafted, we have heard legitimate and reasonable concerns about sections of this Bill, and it is essential that the SNP Government both listens to and addresses those concerns.

I am aware that there have been concerns raised regarding safeguards for children and young people in relation to the Gender Recognition Reform Bill. While the Scottish Conservatives recognise that improvements to the system of gender recognition would be beneficial for trans people, the welfare of children and young people must come first. That means balancing the need of those who are definitely suffering from gender dysphoria with the need to protect vulnerable children and young people who are unsure of their identity and risk embarking on gender hormone treatment prematurely.

The Scottish Conservatives have called for a public inquiry to be held into the increase in children being referred to the Sandyford Sexual Health Service for gender dysphoria, with child referrals to the service increasing fifteen-fold from 2013 to 2019. It is essential that an inquiry is taken forward to ensure that the appropriate safeguards for vulnerable children are in place.

As a member of the Equalities, Human Rights, and Civil Justice (EHRCJ) Committee tasked with scrutinising the Bill, it was important to me in my role that we strike a fair balance with this legislation and ensure there are no unintended consequences.

The EHRCJ Committee have since published our Stage 1 report on the Gender Recognition Reform (Scotland) Bill, which can be found here: Stage 1 Report on the Gender Recognition Reform (Scotland) Bill | Scottish Parliament

The Stage 1 report outlines conclusions and recommendations on the general principles of the Bill. As you will see from the report, by a majority of 5 to 2, the committee recommended that the general principles of the Bill be approved.

As part of the minority who do not support the general principles of the Bill, it is my hope that the SNP Government will be open to some of the recommendations and conclusions drawn by the committee and amend the Bill as such.

In the coming weeks, the Gender Recognition Reform Bill will be brought to the Scottish Parliament for a Stage 1 debate. My colleagues and I will scrutinise this legislation very carefully as it progresses through the Scottish Parliament, to ensure that appropriate protections for vulnerable children and young people are not undermined. We will not support any reforms that put the welfare of children and young people at risk.

Greens just sending out a bog standard cookie cutter reply, then.

Yup. I think quick follow-up emails to try and get them to answer our direct questions are needed!

I see Lorna Slater almost managed a thoughtful answer, but couldn't resist her wee swerve into bollocks at the end there. Inevitably, she can't respond to women's genuine, proportionate concerns without trying to suggest they're somehow allied to transphobia.

I raised these issues at the local elections with the Greens and other parties here in Scotland. Got a total gender bollocks answer from the local Green councillor. Trans Green candidate (didn't get in) locally claimed in the Press that the issue had never been raised and that everyone was supportive.

( Female) SNP candidate did not want to write down how she felt about women and the trans gender issue and would only talk on the phone so I just didn't bother.

Gender self id went in under the wire in Ireland where I'm from. Hope that doesn't happen here.

As a disabled woman and a feminist, however, it is clear to me that securing the human rights of another marginalised group takes nothing from my own.

Bollix - rights have to be balanced and are sometimes in conflict.

I can't believe I'm still protesting about this sh*t...

Thank you for posting these replies. I will contact my MSPs this weekend.

Surprised to hear Lorna Slater and Ariane Burgess claim that the current process is often prohibitively expensive. I thought the application fee had been reduced to £5. Seems rather cheap to have a lie recorded on your birth certificate.

Done. Thank you for links.

It’s really worth your time to write to all your MSPs & MPs about this. The Labour MPs who came to the rally last week said they hadn’t heard enough from constituents about this, and we need to make them aware. All of them, from all the parties can’t say they didn’t know if we make our concerns known.

Yes. If you've never written before, please do.

I'm going to despite the wall of silence and the arrogant, offhand and patronising replies I've had from SNP representatives, if only so that I can write again in due course to point out that they were told.

Indeed.

Cheaper than changing your name by deed poll.

Apologies. My above was in reply to @Whereareyourshoes

SNP:

Many thanks for your email.

I largely agree with the points you raise, especially focussing on young people and the Cass report.
Professor Cass spoke to some MSPs including myself (online) quite recently and I was very concerned after she had spoken and shared her concerns in this area.

However, my concerns about the proposed gender recognition changes go beyond how we look after our young people.
For one thing it seems to me that there is a lot of confusion over the words sex and gender and how they relate to each other.
In the first place it is clear that biological sex cannot be changed.
This is not assigned at birth as some would say but is actually discovered at birth.
Therefore, I fail to understand how biological sex on a birth certificate can be changed when the other information such as date and place of birth and the mother's name cannot be changed.

On the other hand the word gender seems to be a much more fluid term and means different things to different people.
I am much more relaxed if people want to choose and live in a different gender from their biological sex.

We have not yet discussed within the SNP Group of MSPs whether this is to be a free/conscience vote or not.
But my current feeling is to vote against the Bill at Stage 1 on 27 October.

Positive reply from conservative:

Thank you for getting in touch. I think the questions you raise are the right ones – and there are many others besides.

When I attended the Rally outside Parliament a fortnight ago, I listened as the speakers outlined their serious concerns on these proposals as to their impact on women and hard-won women’s rights and your points about our children’s education, expectations and thoughts concerns me greatly.

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.

Another positive response from another conservative:

Thank you for contacting me about the Gender Recognition Act.

The recent consultation by the SNP/Green Government on this legislation showed that four in ten organisations did not support the proposed reforms, which include reducing the time it takes for people to legally change their gender from two years to three months, and allowing people aged 16 and above to apply to change their gender.

We must protect women’s rights and I take concerns that those rights are being eroded very seriously. For now, we await the details of this legislation and stand ready to scrutinise each aspect of it. But from my personal perspective I am against damaging the hard fought rights of women in our society.
We cannot prioritise rights - hold one person's rights above the rights of another, I am sure that there is a way through this and we can find a solution that protects the rights of all without raising the rights of one group above the rights of another.
Women have fought for many generations for equality, it was a hard fought battle and should not be lost now.

The Scottish Conservatives will not stand by and allow this SNP-Green Government to push this legislation through Parliament without all parties’ concerns receiving due consideration.

Thank you once again for taking the time to contact me on this issue.

thank you for reminding me

Ooh. Measured, balanced and thoughtful.

'We have not yet discussed within the SNP Group of MSPs whether this is to be a free/conscience vote or not.'

That's interesting.

I'd love to know who that SNP MSP is!

Meanwhile another SNP, Elena Witham clearly hasn't read any evidence or spoken to anyone outside the party propaganda:

Thank you for contacting me regarding this important matter. Whilst I recognise that this is a matter that you care passionately about and that perhaps there are elements of my response that we will not agree on, please know that as a passionate feminist who has spent countless years supporting woman from domestic abuse and violence that I get how fraught the GRA debate is for like-minded women; but in my mind that the Scottish Government’s support for trans rights does not impact on or conflict with our continued strong commitment to advance equality for women and to protect women’s rights.

I can update that the Scottish Government has committed to working with trans people, women, equality groups, legal and human rights experts to identify the best and most effective way to improve and simplify the process by which a trans person can obtain legal recognition, so that the trauma associated with that process is reduced.

The Scottish Government remain committed to making necessary changes to the Gender Recognition Act that arise from this work at the earliest opportunity, while ensuring these changes do not affect the rights or protections that women currently have under the Equality Act. We also remain committed to improving the lives of trans and non-binary people more generally. Trans people continue to suffer poorer outcomes relative to the wider population, and this needs to change.

To support this approach, we have consulted twice, firstly on the principles of reform and again on the draft Gender Recognition Bill to alleviate concerns and address any misunderstandings of our proposals. This consultation was published at the end of 2019, alongside the draft bill. Work on the draft Bill was paused last year in light of the on-going impact of COVID-19.

It has been made clear that all organisations need to take account the Equality Act when any changes in policy are being considered. All rights - those of women and trans people - must be protected. This includes the protection of women’s safe spaces. The Scottish Government is developing guidance to make sure that policy makers and service providers understand better how to ensure that the rights of women and trans people can be collectively realised.

The Scottish Government strongly supports the single sex exceptions in the 2010 Equality Act which allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim. This means that single sex services, like domestic abuse refuges or rape counselling, are protected. As are single sex employment rights in relation to such services and the delivery of health care services, such as intimate examinations.

The draft Bill on which we have consulted did not make any changes to the Equality Act 2010. That consultation was clear that further guidance from the UK Government on the operation of these exceptions could be helpful. It also proposed to reform the Gender Recognition Act 2004 and the application process through which trans people access legal recognition. Under the proposals, people applying for legal gender recognition would:

have to live in their acquired gender for 6 months (not the current 2 years);
continue to make legal statutory declarations they will live in the acquired gender for life;
apply to the Registrar General, rather than the UK Gender Recognition Panel, a UK Tribunal; and
continue to be subject to criminal proceedings for lying or making false declarations or applications.

The draft Bill did not propose gender recognition for people under 16. We consulted on whether the minimum age for applying for legal gender recognition should be reduced from 18 to 16. To comply with international human rights law, Scotland must have a system for obtaining legal gender recognition. The proposals in the draft Bill are in line with the approach taken by various other countries including the Republic of Ireland, Norway, Malta, Denmark and Belgium. The Scottish Government will publish the independent analysis report in due course and will also deliver the other actions, short of legislation, which has been committed, specifically:

Establishing the working group on non-binary equality; delivering guidance on improving and enhancing trans rights and women’s rights; and work on identifying the additional support that trans children and young people may need.

I trust you will find the above information helpful and would like to thank you again for contacting me.