Gender recognition bill ‘does not change’ Equality Act protections for women – Shona Robison

Shona Robison has defended plans to move forward with the Gender Recognition Reform Bill next week following the Court of Session’s ruling on the definitions of sex and gender.

The ruling found the Scottish Government acted lawfully when it conflated sex and gender in revised guidance on the make-up of public boards.

Lady Haldane concluded that “sex is not limited to biological or birth sex, but includes those in possession of a GRC [gender recognition certificate] obtained in accordance with the 2004 Act”.

Tory MSP Rachael Hamilton raised the issue in the Chamber on Wednesday, saying the introduction of self-ID for obtaining a GRC “would make it substantially easier for violent men to abuse the process”.

But the social justice secretary said the Gender Recognition Reform Bill “does not amend the legal effects” of a GRC, nor does it change protections set out in the Equality Act 2010.

Robison said: “The effect of a GRC remains what it has been for the last 18 years… The bill makes no change to this effect. It also very clearly does not modify the Equality Act 2010, which is now stated on the face of the bill.”

The Equality Act sets out exemptions to enable same-sex services to exclude trans people from services where it is a proportionate means of achieving a legitimate end.

Hamilton called on the government to again halt to legislation, adding the SNP should not “close their ears to the dangers”.

She said: “The bill is one of the most controversial pieces of legislation ever brought before this parliament. It deserves to be fully scrutinised, not rushed through.”

But Robison said: “It does not change those protections and exceptions under the Equality Act 2010, those remain the same. Those are the reassurances I would hope members of the parliament would be able to communicate to anyone who asks them about the effect of the gender recognition bill.”

An attempt by the Conservatives to amend next week’s business was also defeated by 68 votes to 31.

That amendment sought to remove the stage three debate on the Gender Recognition Reform Bill and replace it with other business including statements on climate change and transport, and debates on agriculture and the Scottish Budget.