Scottish Government publish gender recognition reforms

The Scottish Government has published details of planned changes to Scotland's gender recognition laws. 

The new Gender Recognition Reform Bill will simplify the process for a trans person to change their legally recognised gender. 

Currently, under the 2004 Gender Recognition Act, trans people seeking a gender recognition certificate must have a formal diagnosis of gender dysphoria and live in their “acquired gender” for two years. 

The new proposals would remove the need for medical reports and reduce the waiting time to a minimum of three months, with a reflection period of a further three months.

The age at which people can apply would be reduced from 18 to 16.

The new Bill would also require applicants to swear that they intend to remain in their acquired gender for life, with a false declaration being a criminal offence carrying a potential punishment of up to two years’ imprisonment.

Speaking ahead of a statement to parliament, 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.”

The Scottish Government first started formally reviewing the legislation in November 2017, with a vow to bring it into line with “international best practice”.
 
Feminist campaigners have raised concerns that the new legislation could have an impact on the single-sex exceptions in the Equality Act. They also expressed fears the change in law could potentially place women in danger from men who might abuse a self-identification system.

The First Minister has previously dismissed these concerns as “not valid”.

However, she faces a rebellion from some of her own MSPs over the change in law. Reports over the weekend suggested that around 10 SNP MSPs oppose the reforms.

Those with concerns are thought to include Kate Forbes, the finance secretary. However, the parliamentary process means it's still likely several months before MSPs are asked to vote on the new legislation.

Labour, the Liberal Democrats and the Greens all support the legislation. The Conservatives, except for Jamie Greene, are expected to oppose.