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.”

Scotland suffers increase in female unemployment

  • Scotland experiences the third largest annual increase to female unemployment of all the UK’s regions
  • Scotland just one of three regions to experience annual increase in female unemployment
  • UK employment rates see a small annual increase, as businesses gain confidence in the post-pandemic era

With International Women’s Day fast approaching, the most recent UK employment statistics do not make for positive reading in Scotland, as the region experienced the third largest annual increase to female unemployment of all the UK’s regions (+7.5%).

However, the collective performance of all twelve regions equates to a small, yet much-welcomed annual improvement to the overall female employment rate, with 72% of women aged 16-64 currently in work. The only other regions to experience a larger increase in female unemployment was the South East (+33.4%) and North East (+24%).

The male employment rate also saw a small annual improvement, indicating that UK businesses are beginning to gain confidence and expand their workforce in the post-pandemic era, with many believing the worst of Covid is now behind them.

However, with workplace diversification still a key factor for businesses to consider during the recruitment process, it is important for employers in Scotland to think carefully about how they select applicants and treat their existing employees.

Tina Chander, Head of the Employment Law team at Wright Hassall, commented: “Given the challenges people have faced over the last two years, it is great to read some positive news with regards to employment rates, as this shows that businesses are beginning to resume operations at full capacity.

“That being said, it is important for employers to continue the progress made in the last decade, whereby we have seen a larger female representation at board level and workforces are generally much more diverse. 

“From a business perspective, having a diverse workforce provides a wide range of benefits, as you have different talents, ideas and approaches at your disposal, which allows for a much more complete service offering, with better results delivered.

“Not only this, but all organisations should strive for more inclusivity, as this helps build a positive culture for the business, where employees are treated fairly and equal opportunities are available to everyone, regardless of gender.

“Given the fact that a lot of businesses are currently in the process of recruiting new talent, now is the perfect time for employers to take stock of their current situation, ensuring they bring in experienced individuals, whilst also working towards a diverse workforce.”

Scotmid Co-operative initiative helps young women in India

More than 40 young Indian women now equipped with new skills and regular income

Scotmid Co-operative has helped more than forty young women in India develop new skills and secure a regular income through a partnership with co-ops across the UK.

When the Delta variant hit India with devastating effect last year, Scotmid and a group of co-operative retailers collectively raised over £100,000 to support the crisis response, initially providing essential basic supplies, health kits and education.

The support evolved to helping young female workers to grow a sustainable future out of the pandemic through a two-year incubator programme to help them develop skills in journalism, graphic design, photography, new media, research methodology and report writing.

Pranaliben, a 20-year-old woman from Ahmedabad City, is one of the women who will benefit from this support. After completing her graduate studies from a local university, Pranaliben struggled to find sustained employment which was made worse by the pandemic.

Through her mother, a member of the Self Employed Women’s Association (SEWA), she got in touch with SEWA Cooperative Federation and learnt about cooperatives. Now she is eager to work together with young women like herself and lead her own cooperative.

Co-operatives UK worked with the Co-operative College and Co-op News to co-ordinate the appeal, partnering with SEWA in India who are delivering the programme.

Mirai Chatterjee, Chairperson SEWA Cooperative Federation said: “Women in India mainly work informally meaning their earnings can be unreliable and as soon as the crisis hit many lost their income overnight.

“Thanks to the vital support provided by our co-operative friends in the UK, we’re helping them to form two grassroots co-operatives to create a sustainable livelihood for themselves.

“As well as learning technical skills in communications and research, around forty young women will develop leadership and business management skills, and we’re developing market links to help them secure regular work and provide income security.”

Harry Cairney, Scotmid President, said: “This worthwhile partnership demonstrates the strength of co-operation. We’re proud to be a part of this initiative to grant young women in India, like Pranaliben, the necessary skills and opportunities needed to secure a regular income.”

During the initial crisis period, £70,000 of the donation from Scotmid and other UK co-ops was used to provide emergency support. This included the distribution of 4,000 household health kits, with masks, soap and immune boosters distributed across eight states of India.

Lifesaving information about the symptoms and spread of Covid was also provided to families in rural and low-income urban areas – to dispel myths and provide accurate health information.

The remaining £30,000 is now being used to deliver a two-year programme supporting the development of two young women’s incubator co-operatives.

A grassroots media co-operative will support young women to build capacity in media, journalism, graphic design, photography and new media, whilst a second grassroots co-operative will focus on research, conducting surveys, focus group discussion and report writing. 

A Parliament for All

Holyrood’s Presiding Officer has launched an audit that will review the representation and participation of women in the Scottish Parliament.

Based on work developed by both the Inter-Parliamentary Union and the Commonwealth Parliamentary Association, all of Holyrood’s parties will be represented on a board that will oversee this work, consider the audit’s findings and make recommendations for change.

Presiding Officer, Alison Johnstone MSP, said: “Last May’s election returned our most representative and diverse Parliament to date. We know, though, from viewing the Parliament’s make up from 1999 until now, that this welcome progress can’t be taken for granted.

“This is an important opportunity to have a broad look at how the Parliament takes account of barriers to equal representation in its work.”

Working with Holyrood’s political parties, parliamentary staff, pre-eminent academics and Engender, the audit will cover a wide range of issues. These will include the number and position of women parliamentarians, participation and intervention levels in Chamber business and the impact of parliamentary procedures and policies.

Fiona Mackay, Professor of Politics at the University of Edinburgh and one of the academic advisers to the board, said: “When the Scottish Parliament was created in 1999, it was internationally praised for its world-leading levels of women’s representation, and its attention to equal opportunities and participation.

“Now is a good time to take stock. This audit, based on a well-tested comparative framework, will let us know how well Scotland has done over the long haul. And, crucially, what work still needs to be done to make it an inclusive parliament for the 21st Century.”

Eilidh Dickson, Policy and Parliamentary Manager, Engender, said: “Women are underrepresented in almost all areas of our democracy, resulting in policy decisions which not only ignore women, but actively deepen inequality.

“By examining the make-up of committees, gathering data on who is being invited to give evidence, and understanding where gender mainstreaming is being ignored, we can work towards a Scottish Parliament which can act as an exemplar for women’s equality. We are delighted to be involved in the project.”

Work on the audit will begin immediately with a report detailing recommendations for improvement due by the end of 2022.

Audit Board Membership

Presiding Officer, Alison Johnstone MSP

Alex Cole Hamilton MSP, Scottish Liberal Democrats

Eilidh Dickson, Policy and Parliamentary Manager, Engender

Fiona Mackay, Professor of Politics, University of Edinburgh

Jeremy Balfour MSP, Scottish Conservative Party

Karen Adam MSP, Scottish National Party

Maggie Chapman MSP, Scottish Green Party

Dr Meryl Kenny, Senior Lecturer in Gender & Politics, University of Edinburgh

Monica Lennon MSP, Scottish Labour Party

Sarah Childs, Professor of Politics & Gender at Royal Holloway

Susan Duffy, Head of Engagement & Communications, Scottish Parliament

Tracey White, Group Head of Legislation & Parliamentary Business, Scottish Parliament

Academic Advisory Group to the Board –

Sarah Childs is currently Professor of Politics & Gender at Royal Holloway, University of London, and will move to the University of Edinburgh in May 2022. Her research centres on the theory and practice of women’s representation, gender and political parties, parliaments and institutional change.

An eminent author, her latest book is Feminist Democratic Representation. She also authored The Good Parliament Report in 2016, advised the Commons Reference Group on Representation and Inclusion that met between 2016-18 and worked on the pilot (2018) which instigated permanent change to Standing Orders to allow proxy voting for babyleave (2020).

Dr.Meryl Kenny is Senior Lecturer in Gender and Politics at the University of Edinburgh and Co-Director of the Centre on Constitutional Change (2021-22). She has published widely in the areas of gender and political institutions, political representation and recruitment, and Scottish politics.

Meryl convenes the University of Edinburgh’s Gender Politics Research Group (which hosts the genderpol blog);  sits on the steering group of the University’s genderED initiative; and is a member of the steering group of the cross-party Women5050 campaign for legal gender quotas in Scotland.

Fiona Mackay is a Professor of Politics at the University of Edinburgh, and currently Dean and Head of the School of Social and Political Science. Mackay is founding director of genderED, the University of Edinburgh’s interdisciplinary hub for gender and sexuality studies. She researches gender, politics and policy at Scottish, UK and international levels. She is a Fellow of the Royal Society of Edinburgh.

Engender is a feminist policy and advocacy organisation, working to increase women’s social, political and economic equality, enable women’s rights, and make visible the impact of sexism on women and wider society.

More information at engender.scot

Holyrood report spotlights mental health of expectant and new mothers and expresses concern over access to support services

The mental health of pregnant women, new mothers and their families, including those affected by miscarriage, stillbirth and the death of an infant, has been highlighted by a Scottish Parliament Committee.

The Health, Social Care and Sport Committee’s inquiry into women’s mental health experiences before, during and after the birth of a child (otherwise referred to as the perinatal period) highlights a number of issues faced by new mothers over the support they have received, particularly during the pandemic.

In particular, the inquiry found there was a sharp rise in birth trauma incidences reported since the pandemic began. The Committee calls on the Scottish Government and NHS Boards to redouble their focus on delivering services that directly address birth trauma.

The Committee also looked into the of support for those suffering from miscarriage, stillbirth or death of an infant. During its inquiry, the Committee received evidence of some women affected by baby loss who reported being treated close to women giving birth to healthy babies, causing additional trauma to the women affected.

The report calls for accelerated action to establish specialist baby loss units and, in the meantime, for new national protocols to be set up “that ensure families affected by baby loss are consistently treated with respect and compassion and in a trauma-informed way”.

Alongside a focus on community care, the Committee also examined access to specialist Mother and Baby Units (MBUs), of which there are currently two in Scotland. The Committee emphasises the benefits of providing wider access to MBUs for new mothers with complex needs and they express support for the creation of a new MBU serving the north of Scotland. 

Gillian Martin MSP, Convener of the Health, Social Care and Sport Committee, said: “Up to 20% of women in Scotland experience negative mental health impacts before, during and after giving birth and the aim of our inquiry was to shine a spotlight on this important issue and to see what more should be done to support these women.

“We heard of concerns in certain health board areas with the support structure in place for parents and families impacted by miscarriage, still birth and the death of an infant, and feel more action is needed to give them appropriate support.

“We had discussions with some new parents affected by baby loss who felt they didn’t receive the standard of care they are entitled to expect. That is why we are calling for every effort to be made to accelerate the establishment of specialist baby loss units

“The evidence we received suggests that during the pandemic, there was a sharp rise in incidences of birth trauma. In many instances this was a direct result of COVID-related restrictions, which limited the support women were able to receive from partners and families before, during and after giving birth.

“Our inquiry heard about the benefits of Mother and Baby Units for women who have complex mental health issues in the perinatal period and the Committee would like to see a concerted effort to widen access to these units in conjunction with the community care offer.

“We think there is a strong case to set up a new Mother and Baby Unit serving the north of Scotland but we also need to focus on issues around staffing, resources and general awareness to maximise the positive impact of perinatal mental health services and third sector organisations who support mothers.”

The Convener added:

“The extensive evidence we have gathered during the course of this inquiry has shown the importance of a preventative and community based approach to perinatal mental health. It is clear that only through accessible, joined up care across both the third sector and statutory services, women and families can get the care they need at this critical time.

“We’d like to put on record our thanks to all of the women who spoke with us and shared their stories.”

Other findings in the report include:

• concern that many women and families are currently having to wait longer than 6 weeks to access perinatal mental health support;

• the increased barriers faced by women and families from minority ethnic backgrounds, or for whom English is not their first language, and those from particularly vulnerable or at risk groups, to access perinatal mental health services;

•  the critical role that stigma plays in perinatal mental health and the resulting reluctance for individuals to fully engage with healthcare professionals;

• a call for the Scottish Government to ensure further education institutions deliver perinatal mental health training as core training for all midwifery and nursing students as a priority.

Scottish Government sets up new Women’s Justice Leadership Panel

Experts to assess needs of women in the justice system

Gender inequality and improving women’s experiences within the justice system will be addressed by a new Scottish Government panel.

Members will examine the experiences of women as both victims and offenders in a range of settings including policing, community justice, criminal and civil courts, tribunals and prisons.

The Women’s Justice Leadership Panel, which met for the first time yesterday, will be chaired by Community Safety Minister Ash Regan.

Membership includes Solicitor General Ruth Charteris QC, academics and representatives from the Scottish Prison Service, Police Scotland, Community Justice Scotland, the Scottish Women’s Rights Centre and the Centre for Women’s Justice.

Key issues for the panel include:

  • how women experience the Scottish justice system differently from men, in what ways their needs are not being met and how it impacts on them
  • international and UK examples where women’s needs are more appropriately met
  • how to address under-representation of women in senior leadership roles and how this impacts on the culture in justice organisations

Ms Regan said: “The Scottish justice system needs to evolve to ensure it serves the needs of women. For example, issues like the impact of caring responsibilities on women or the blurred line between victimisation and offender status are issues which could be understood better.

“Some significant improvements have been made, but often changes are piecemeal and do not provide the fundamental reform needed to embed women’s rights.

“We need to develop a better picture of the evidence to demonstrate how the experience of the justice system differs depending on gender and promote a consistent understanding of the impact of this on women.  This will help us deliver better outcomes for women and reflect expectations of what a modern justice system should look like.”

The membership of the panel comprises:

Ash Regan – Minister for Community Safety (Chair)

Ruth Charteris QC – Solicitor General

Jacqueline Clinton – Scottish Prisons Service

Ch Supt Linda Jones – Police Scotland

Rose McConnachie – Head of learning, development and innovation at Community Justice Scotland

Jen Ang – Director of Development and Policy Scottish Women’s Right Centre/Just Right

Harriet Wistrich – Director, Centre for Women’s Justice

Professor Vanessa Munro – University of Warwick, School of Law

Mariam Ahmed – Co-Chief Executive Officer for Amina Muslim Women’s Resource Centre

Edinburgh women to Flourish in jewellery design

Funded by Creative Scotland, The Flourish Jewellery Project is an exciting craft jewellery project. Working in partnership with North Edinburgh Arts and Four-Square’s Womanzone, Jewellery Artists, Lisa Arnott and Jessica Howarth have enabled women who are recovering from trauma from domestic violence, drug and alcohol addiction, social isolation, and economic hardship to develop new skills in jewellery design and making.

Working with a variety of organisations who support women, Lisa and Jessica created a series of outreach jewellery sessions introducing and enabling the women to make rings, pendants and bangles from silver. For these participants, being part of this project has provided a space for them to dare to dream and have a moment in their week where their creativity is realised.

From the outreach session, 12 women then went on to engage with the project on more intensive weekly jewellery and metalwork sessions. During this time, they learnt the foundations of metal and jewellery work which included saw piercing, soldering, texturing and shaping metal.

Despite the various challenges the women experienced, the project has provided materials, travel and childcare alongside safe and high-quality jewellery workshops.

Having never made any jewellery out of metal at the start of the project, the women from the Flourish Jewellery Project have now produced a small collection of silver jewellery which will be on display at the project’s exhibition, which takes place from 22nd until the 25th January at Custom House in Leith.

The exhibition, which is sponsored by fine jeweller, Hamilton & Inches, with support from the Scottish Goldsmith Trust and Scottish Historic Building Trust, will display beautifully handcrafted items.

Lisa Arnott (above) and Jessica Howarth said: “We were both delighted to have received funding from Creative Scotland for the Flourish Jewellery Project.

“By working in partnership with Foursquare’s, Womenzone project and North Edinburgh Arts in Muirhouse we have been providing jewellery making opportunities for women from across the city.

“This project has enabled women who have experienced trauma, social isolation and/or economic challenges to develop traditional jewellery making skills.”

A Flourish participant said: “The Flourish Jewellery Project has made me find myself. I’m shocked at who I was when I first started coming as to who I am now”.

Earlier this Autumn the Flourish Jewellery Project was featured at The New York Jewellery Week 2021’s the ‘Power of Jewellery’ and was shortlisted for a Creative Edinburgh Award for Best in Collaboration. 

Lisa and Jess (above) have also taken part in research undertaken by University College London and Birmingham City University and collaborated with a host of local artists and designers.

This has included Professor Sandra Wilson from Duncan of Jordanstone College of Art and Design, furniture designer Colin Parker, web designers Erin Smith and Zena Walczynska, illustrations by Kinship Press, Photographer Shannon Tofts and Media Scotland who are co-producing a film reflecting the women’s experience of the project.

The project is now becoming a community interest company and has secured further funding to enable six women to continue to develop their jewellery training further.

Police Scotland to hold online recruitment event for women

Police Scotland would like to encourage more women to consider becoming a Police Officer in Scotland.

We are hosting an online recruitment event aimed at women on Monday 10/01/22 from 6.30pm – 8pm via MS Teams.

Email to sign up: recruitmentpositiveactionteam@scotland.pnn.police.uk

Women’s Winter Wellbeing: online session with PCHP

All women in the area are welcome to join us next Friday 17 Dec at 10am-12pm for a special online wellbeing event.

Learn how to treat yourself in facial reflexology and Indian head massage.

Contact Sally 07518756330 or sallyfindlay@pchp.org.uk to sign up and recieve the zoom link

Police Scotland: Women’s Recruitment Event

Police Scotland would like to encourage more women to consider becoming a police officer in Scotland.

We are hosting a 90 minute online recruitment event. The event is aimed at women, to provide an insight into the role of a police officer/special constable. You will learn about the recruitment process, the training involved and the endless opportunities which would be available to you as you embark on this journey. Women are currently under-represented in the Police and it is hoped the event will inspire you to consider a career in policing.

The event will be hosted on Microsoft Teams tomorrow – Wednesday 1st December – between 6.30pm – 8pm.

To sign up, please email: recruitmentpositiveactionteam@scotland.pnn.police.uk