MSPs to start marathon debate on controversial gender reforms

The final vote will be on Wednesday

Author: Rob WallerPublished 20th Dec 2022

Two days of debate at Holyrood are beginning as MSPs plough through more than 150 amendments to controversial gender reforms.

The Gender Recognition Reform (Scotland) Bill is expected to pass in the vote on Wednesday after a contentious journey through the Scottish Parliament in recent months.

Opponents of the Bill, which would make it easier for trans people to obtain a gender recognition certificate (GRC), fear it could be a danger to women and girls, particularly around the provision of single sex spaces.

But the Scottish Government has insisted repeatedly that the legislation will not impact on the Equality Act, which allows for trans people to be excluded from single sex spaces such as changing rooms and shelters, something that was affirmed by an earlier amendment from Labour's Pam Duncan-Glancy.

SNP splits

The plans have been very controversial within the SNP.

In the stage one vote on the Bill, seven SNP MSPs voted against it - including former community safety minister Ash Regan, who resigned in the hours before the vote - while two other abstained.

Ahead of the debate First Minister Nicola Sturgeon told MFR News:

"I've been a feminist all my life. I will always be a strong advocate for the rights of women, but I don't believe the rights of women are - or should be considered to be - in conflict with greater protection of the minority who are trans in our society."

"It's an SNP policy, it was in our manifesto, people were elected on the basis of that. Parliament as whole will consider the amendments and the final vote on the legislation this week."

When asked what might happen to those who vote against this time, Ms Sturgeon would only say: "We'll have the debate this week and those are matters for after that."

Marathon session

Parliamentary officials have told MSPs the sitting could take as long as nine hours and 15 minutes, although final timings have not been confirmed by the parliamentary bureau - the cross-party group of MSPs tasked with setting parliamentary business.

The Bill will make it easier for trans people to acquire a gender recognition certificate (GRC) by removing the requirement for a diagnosis of gender dysphoria.

It will also lower the minimum age for applicants from 18 to 16 and drop the time required for an applicant to live in their acquired gender from two years to three months - six for people aged 16 and 17 - though with a subsequent, three-month reflection period.

The proposed amendments cover a broad range of topics in relation to the Bill, including background checks for applicants, potential punishments for fraudulently obtaining a GRC, the impact of the Bill on the Equality Act and a review of trans prisoners.

Despite the controversy permeating the debate on the Bill in recent months, the legislation is likely to pass when it comes to a vote on Wednesday in Holyrood, given the wide support among the SNP, the Scottish Greens, Scottish Labour and the Lib Dems.

Pressure to pass the Bill

More than 60 LGBT+ groups wrote to MSPs, urging them to back the Bill and reject amendments that would change the "core principles" of the legislation.

The groups say the legislation should be based on the making of a statutory declaration, the minimum age for application should be 16 and the effects of a GRC should remain the same as in the initial Gender Recognition Act.

On Monday Victor Madrigal-Borloz, a UN expert on gender identity, and Reem Alsalem, the UN's special rapporteur on violence against women, spoke to members of Holyrood's equalities committee ahead of the debate.

Ms Alsalem said plans to introduce self-ID could see violent men taking advantage of loopholes "to get into women's spaces and have access to women".

However, Mr Madrigal-Borloz told the more than two-hour committee meeting there was "no evidence" that "maintaining complexity in the process of recognition of gender identity would be an effective safeguard".

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