Reply from Ariane Burgess. I emailed her on the 16th oct and got a reply today. Her words are almost identical to the reply posted by BetsyM00 on page 1 except for paragraphs 4 and 6 (my italics). Depressing to note in paragraph 6 Ariane says she hopes eventually to be able to legislate for GRCs for children under 16 (my italics, bold and underline).
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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.
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.
In accordance with the evidence of the Children's Commissioner, the Scottish Human Rights Council and other expert bodies, the majority of the committee concluded that an age limit of 16 was appropriate, being in accordance with the Age of Legal Capacity (Scotland) Act 1991. It will also meet the specific challenges faced by students registering with educational institutions. I would personally wish to see a future process that would enable young people under 16 to apply for a GRC with appropriate safeguards
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.
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