Meeting of the Parliament 20 June 2019
I thank the cabinet secretary for advance sight of the statement. It is a comprehensive statement, and I welcome the fact that we have had one. As a member who scrutinised and supported the Gender Recognition Act 2004, I also welcome the opportunity to question the cabinet secretary.
Scottish Labour has always been in the vanguard of promoting the principles of equality, dignity and respect. We strongly believe that people should be able to live their lives free from prejudice. I know from my casework that trans people face prejudice and discrimination every day, and the principles that I have cited will underpin our approach to scrutinising any proposed legislation.
We are clear that specialist services for trans people can be improved now, without legislation. For example, there could be a reduction in the fee for a gender recognition certificate and the processes could be simpler.
I have three questions for the cabinet secretary. First, in the move to a statutory declaration for gender recognition legislation, has any thought been given to how a false declaration could be established?
Secondly, the cabinet secretary said in her statement that the Equality Act 2010 allows the exclusion of trans people
“including where a trans person has legal recognition. The Government’s proposals to reform the Gender Recognition Act 2004 will not affect that position.”
She also said:
“The consultation will cover draft impact assessments, including a comprehensive updated equality impact assessment”.
Can we be clear that we will not be able to draw any conclusions before such an equality impact assessment is carried out?
Thirdly, although I welcome the working group on sex and gender data, will there be representation of trans and non-binary people on it to ensure that scrutiny is inclusive all the way down?