Belated response from Labour:
Firstly, I would like to apologise for the delay in getting back to your email. My office has received thousands of emails regarding the Gender Recognition Reform Bill, and we have been working hard to get back to everyone, but this has resulted in some delays. Please accept my sincere apologies for this.
Thank you for taking the time to write to me regarding the Gender Recognition Reform (Scotland) Bill which reached Stage One consideration in Parliament on the 27th October 2022. Members voted on the principle of reform and I want to set out my position to you.
I set out this position in the full knowledge that it will not fully satisfy either side of what has become a very polarised debate. I believe that it is the job of parliament to best find common ground in the country; to balance the need for reform and the need for protection of existing rights. Our dialogue and our laws must show empathy and care for all.
Obtaining a Gender Recognition Certificate can be a lengthy and upsetting process. As such, Scottish Labour believes there is a need for a reform of that process to make it better for trans people in Scotland. I share these concerns and believe that the principle of reform is right and as such I voted in favour of the principle of reform at Stage One on that basis.
The Bill as it stands has created very significant and well-founded concerns in significant parts of the population. I know that many people – particularly women – are concerned at the proposed laws and what they might mean for hard won sex-based rights, rights that still far too often do not deliver equality or safety. I share these concerns and believe that only significant amendments to the Bill can protect these rights and offer confidence to many women across Scotland.
I will also seek clarity on the operation of the Equality Act with the GRR Bill. In order to seek this balance, I support three key areas of amendment and development.
Guarantee of the Equality Act (2010)
The protections guaranteed in the Equality Act must be made explicit in this new law. The guarantee of sex-based rights, women’s spaces and services must be retained, and Scottish women must have the confidence that they are being retained. Doing so will require amendment at Stage Two or Stage Three of the parliamentary process. Scottish Labour is committed to pursuing these amendments.
Process safeguards
Confidence in the new process for obtaining a Gender Recognition Certificate is paramount. Trans people should know that the process commands their own confidence and that of the wider public. The Bill as drafted has very few safeguards to prevent it being abused by bad actors. Scottish Labour believes that consideration should be given to how the application process can be strengthened in order to command broad public confidence. I personally believe that a counter-signatory process would help to build this confidence meaning that applications are not made in solitary isolation. The comparable process would be changes to passports to which all citizens must adhere when amending personal details. The signature of another person is widely accepted and supported in this process and is a standard part of our day to day life. Such a signatory process, properly developed and implemented, would serve to better protect all parties.
Age of applicants
The bill currently proposes the reduction of the age restriction for GRC applications from 18 to 16 years. The Government has made a poor job to date of answering questions posed in this area, including those from the Equalities and Human Rights Commission and I don’t believe there is widespread support for this change.
Many people are portraying this debate as too heated, too toxic and too polarised to ever be resolved. That is a council of despair which, if accepted, will only result in poor law and poorer outcomes. I believe that, with the significant amendments laid out above, a ground can be found that commands broader and vital public support.
I thank you for your correspondence and for making your position known to me. I hope that the above makes clear to you the approach I am taking as your MSP. I can assure you that I have taken on board the many representations made to me in considering this legislation.