'Ms Robison said: "It would always depend on the circumstances of the case. But for example, if it could be shown that that person had no intention of living in the acquired gender and was in fact, obtaining gender recognition certificate, in full knowledge that they were not and that could be shown and evidence would be gathered and presented to the court."
In support of the Conservative amendment, Ms Robison stated that the addition of an aggravated offence would, in "very unlikely circumstances" demonstrate the seriousness of the crime "not just in terms of making a false declaration, but then going on to commit a crime with a having obtained a gender recognition certificate under false pretences."
Outside of the chamber, critics say the Minister has failed to answer the question.
Lisa McKenzie, of MurrayBlackburnMcKenzie who worked with Mr Greene to form the amendment, said: "Shona's response is total mince. She has no option but to talk mince because how can a court possibly “prove” what was in someone’s head when they applied for a GRC?"'