Meeting of the Parliament 27 October 2022
The committee supports the proposed reduction from two years to three months of the period for which an applicant must have lived in their acquired gender before applying for a GRC. However, we queried the reasoning behind the specific choice of three months, so I note the cabinet secretary’s response, which was that it represents the Government’s
“view of a balanced and proportionate”
way of improving the current system.
We also asked the Scottish Government to consider whether the three-month reflection period is appropriate, so I welcome the Scottish Government’s response—in particular, its proposed amendment in relation to people who are terminally ill.
The committee supports lowering the age of eligibility from 18 to 16. That accords with existing rights under the Age of Legal Capacity (Scotland) Act 1991. We heard that most young people reach decisions about their gender identity long before they consider applying for a GRC, so I welcome the Government’s commitment to work with the Children and Young People’s Commissioner Scotland and young people’s organisations to ensure that guidance is in place on the effects of obtaining a GRC, as well as signposting to specialist support.
On the requirement that applicants must be “ordinarily resident” in Scotland, the committee sought clarity on several eligibility issues. I note the response from the Scottish Government highlighting challenges around devolved competency and confirming that the cabinet secretary has raised the issues with the UK Government.
On the issue of GRCs that are issued in Scotland being recognised in the rest of the UK, which we heard is important to trans people, I note that the information that is set out in the Scottish Government’s response to the committee confirms that applicants from more than 40 countries—including countries that have introduced similar reforms to those that are proposed for Scotland, such as Belgium, Denmark, Norway and Iceland—can apply via a streamlined UK route.
On the bill’s provisions that a person with interest might apply to revoke a GRC on various grounds, our report calls for any vexatious complaints to be “dealt with robustly”. The Scottish Government has helpfully provided additional information by setting out the wider legislative context of the drafting of the provision and by providing examples of persons who might be considered to have an interest.
Our report noted concern about avoiding criminalising people who enter the application process for a GRC in good faith, but then change their mind. The committee has since received assurances from the Scottish Government around the process for withdrawal of an application and the process through which a person who has obtained legal gender recognition can legally change their gender again—or “detransition”.
Concerns were raised with the committee about perceived impacts of the bill on women and girls, minority ethnic groups and religious beliefs. Although we recognise that such views are sincerely held, the committee believes that the concerns that have been raised go beyond the scope of the bill. We are satisfied that the bill itself will not change any of the protections or definitions that are set out in the Equality Act 2010.
On concerns about whether the bill might impact on decisions relating to where to house transgender people in Scotland’s prisons, the committee believes that the issue is outwith the scope of the bill.