Tag: Gender Recognition Reform Bill

Gender Recognition Reform Bill: Judgment will NOT be appealed

The Scottish Government will not appeal the judgment in the judicial review challenging the UK Government’s use of a Section 35 order to block the Gender Recognition Reform (Scotland) Bill.

The UK Government’s intervention and subsequent judicial ruling means the Bill cannot proceed to Royal Assent and be enacted.

Social Justice Secretary Shirley-Anne Somerville said: “The Gender Recognition Reform Bill was passed by a majority of the Scottish Parliament and we will not be withdrawing it. However, the UK Government’s unprecedented use of Section 35 means the Bill cannot proceed to Royal Assent.

“If the current UK Government is willing to work together and indicate the changes they would find acceptable we will happily sit down with them. However, it seems that my counterparts at Westminster will not do this, and it remains to be seen what a future government will do.

“We are unwavering in our commitment to supporting and empowering LGBTQI+ people in Scotland. We will continue to work across government towards a society that is equal and fair, and where everyone can live as they are.

“Devolution is fundamentally flawed if the UK Government is able to override the democratic wishes of the Scottish Parliament. We will be ready to challenge its use on future Scottish legislation, and to protect the democratic will of this parliament.”

The UK Government will seek expenses from the Scottish Government for the Section 35 legal battle over the Gender Recognition Reform Bill, Alister Jack has confirmed.

Scottish Trans told supporters: “We are bitterly disappointed about this, as we know many of you will be. The current process to update the sex recorded on our birth certificates is intrusive and difficult.

“Last year’s Bill was not perfect, but it was a huge step forward towards a much fairer and simpler process – so that in those rare but important moments in life where you need your birth certificate you can hand over ID that shows who you truly are.

“So many of us worked really hard to help people understand why the law needed to change – and it’s important to remember that we succeeded, with a large majority of our MSPs voting in favour of the changes last year.

“We’re pleased that the Scottish Government intends to keep the Bill on the Scottish Parliament’s books, meaning that even though it can’t currently gain royal assent and become law, it could at a later date if the Section 35 order was lifted. While it’s clear that there is no path forward with the current UK Government to removing the block on the Bill, we hope that we won’t have to wait too long until a time where the political situation changes.

“When it does, we will be strongly urging the Scottish and UK Governments to get round the table so that the Bill can move forward, and so Scotland can join the growing number of places around the world with progressive, fair and modern laws that respect trans people’s human rights.

“We were pleased to hear the Scottish Government restate their support for trans equality, and to other commitments they have made to improve our lives.

“There’s a lot more to do to make Scotland (and the wider world) a place in which trans people can live happy and healthy lives beyond gender recognition reform, and we will be working as hard as we can to contribute to those positive changes.

“This is a setback and a disappointment – but once we’ve had a minute to catch our breath and rest over the holidays, we will get right back to work.

“We know that some of you will have been holding off on applying for a Gender Recognition Certificate using the current system, in the hope that you could use the fairer and simpler process that, if the UK Government had made a different choice, might even have just about been in place by now.

“Given the uncertainty around when things might change, if you want to apply for a GRC we think that the best thing to do would be to use the existing application process. We are always happy to help you make sense of how to apply – so please be in touch if you need us.

“We know that others might be unable to apply using the current process, because of all of the barriers it contains. We’re thinking of you today. If you’re upset, frustrated, disappointed – we are too. Please reach out and talk to the people around you if you need to.

“Some places you can reach out are:

“Please note that these services may be affected by holiday opening hours.

“Our love, strength, and solidarity to all x”

Social Justice Secretary statement

Gender Recognition Reform Bill passed

Improving the legal recognition system for trans people

The Gender Recognition Reform (Scotland) Bill has been passed by the Scottish Parliament.

The legislation improves the system by which transgender people can apply for legal recognition through a Gender Recognition Certificate (GRC).

Trans people aged 16 and older applying for a GRC will be required to make a legally binding declaration that they are already living in their acquired gender and intend to do so permanently.

The Bill includes safeguards against misuse of the system. It will be a criminal offence for applicants to make a false application. A new statutory aggravator and a risk‑based approach in relation to sex offences strengthen these protections.  

Social Justice Secretary Shona Robison said: “This is an historic day for equality in Scotland with the Gender Recognition Reform Bill being approved by parliament and by members of all parties.

“It simplifies and improves the process for a trans person to obtain a gender recognition certificate – which many currently find intrusive, medicalised and bureaucratic.

“The legislation makes no change to the reserved Equality Act 2010 and that principle is enshrined in the Bill. As I have made clear, the Scottish Government continues to support the provision of single-sex services and the rights of women.

“The passing of this bill is a significant step forward in creating a more equal Scotland, where trans people feel valued, included and empowered.”

Background

Factsheet and background to the Gender Recognition Reform (Scotland) Bill

Gender Recognition Reform Bill: Anas Sarwar warned ‘We Won’t Wheesht!’

Scottish women’s groups warn Anas Sarwar that he “cannot hide any longer” and will be held to account on Gender Recognition Reform Bill

Six grassroots organisations in Scotland have written a powerful plea to Anas Sarwar, the leader of Scottish Labour, on Monday (12 December) urging him follow his conscience ahead of the Scottish parliamentary vote on the Gender Recognition Reform Bill on 21 December.

In a strongly-worded letter, the groups – including Women Speak Scotland, Scottish Feminist Network and Women’s Declaration International Scotland – criticised Sarwar and other senior party figures of “not taking seriously the most significant bill on the safety of women and children in Scotland’s devolved history by delegating the issue to a relatively inexperienced MSP who seems to be struggling with or unwilling to hold the Scottish Government to account.”

The letter conveys the women’s frustration and anger as they describe that many of them “are politically homeless having previously been lifelong Labour supporters”, while “others are reevaluating their previously steadfast pro-Indy stance given the significance of the Equality Act (2010)” to the Gender Recognition Reform Bill.

The women issued a stark warning to the Scottish Labour leader in the event that they continue to avoid the serious concerns surrounding the Bill and hope that the current controversies “will blow over”:

“You cannot hide any longer. We women see you, we are angry, and we won’t wheesht. Women’s hard-won rights are not a political game.

“We will not let voters forget that you personally, as party leader, were knowingly and wilfully complicit in ignoring all the warnings, including from women in the Labour Party. All those who vote in favour of the GRR Bill will be held responsible for all its negative outcomes.”

“If you do not take a principled stance as leader of the Labour Party in Scotland, we will hold you accountable for the suffering of women and children in the years to come.”

Scottish Government publishes Gender Recognition Reform Bill

Simplifying how trans people apply for a Gender Recognition Certificate

New legislation to improve the system through which transgender people can gain legal recognition has been published.

The Gender Recognition Reform (Scotland) Bill will amend the Gender Recognition Act 2004 to introduce new criteria for applicants who wish to obtain a Gender Recognition Certificate (GRC).

Obtaining a GRC means a trans person is legally recognised in their acquired gender and can obtain a new birth certificate showing that gender.

The Bill will require applicants to make a legally binding declaration that they intend to live permanently in their acquired gender. They will no longer need to provide medical reports or evidence.

Applicants will be required to live in their acquired gender for a minimum of three months, with a reflection period of a further three months before a certificate is granted.

The Bill proposes a criminal offence for applicants to make a false statutory declaration, with a potential punishment of up to two years’ imprisonment.

The Bill follows extensive consultation. Almost two thirds (60%) of respondents to the Scottish Government’s 2017 consultation on the principles of gender recognition reform were in favour of introducing a statutory declaration system for legal gender recognition.

Social Justice Secretary Shona Robison said: “Trans men and women are among the most stigmatised in our society and many find the current system for obtaining a Gender Recognition Certificate to be intrusive, medicalised and bureaucratic.

“This Bill does not introduce any new rights for trans people. It is about simplifying and improving the process for a trans person to gain legal recognition, which has been a right for 18 years.

“Our support for trans rights does not conflict with our continued strong commitment to uphold the rights and protections that women and girls currently have under the 2010 Equality Act. This Bill makes no changes to that Act.

“The Scottish Government has always been keen to seek consensus where possible and to work to support respectful debate. That will remain a guiding principle as the Bill progresses through Parliament.”

Gender Recognition Reform (Scotland) Bill

Factsheet and background to the Gender Recognition Reform (Scotland) Bill

The proposals in the Bill include:

  • Removing the requirement for a medical diagnosis and evidence
  • Applications to be made to the Registrar General for Scotland instead of the Gender Recognition Panel, a UK Tribunal
  • Applicants to make a statutory declaration that they have lived in the acquired gender for a minimum of three months before applying (rather than the current period of two years) and that they intend to live permanently in their acquired gender
  • Applications to be determined by the Registrar General after a further three month reflection period
  • Applicants to be either be the subject of an entry in a birth or adoption record kept by the Registrar General, or be ordinarily resident in Scotland
  • The automatic recognition in Scots law of gender recognition obtained in the rest of the UK, and overseas, unless it would be manifestly contrary to public policy
  • Reduction of the minimum age of applicants from 18 to 16
  • A requirement on the Registrar General to produce an annual report
  • The removal of powers to introduce a fee

For Women Scotland is an action group of women from all over Scotland working to protect and strengthen women and children’s rights.

They believe the Scottish Government’s plans would be devastating for women’s services such as refuges & single-sex care wards.

In s statement the group said: “This sexist Bill takes a wrecking ball to safeguards by giving any man a passport to self-declare they are a woman without checks or any need for medication, surgery or diagnosis. We have already seen the devastating impact of this sort of self-ID on women’s rights in other jurisdictions.

“Everyone knows that a man cannot become a woman by force of will or magical thinking: it’s insulting and worrying that the Scottish Government do not. They are, apparently, willing to sacrifice women’s safety, set our rights back by decades, and reinforce the notion that being a woman is nothing more than a feeling or a costume.

“It is clear that no consideration has been given to the well-evidenced concerns raised by critics, probably because the Scottish Government finds them impossible to address. The belated meetings with women’s organisations and those representing parents, detranistioners, medics, and others were window dressing only.

“A prudent Government would have paid heed to the EHRC’s advice and sought to understand the conflicts.”