Meeting of the Parliament 22 December 2022
This stage 3 debate is the culmination of a six-year process of consultation and policy development that started with a commitment in the 2016 fairer Scotland action plan to reform the Gender Recognition Act 2004 and to remove barriers to trans people obtaining legal recognition and accessing their human rights. The process included two of the largest consultations ever undertaken by the Scottish Government, with more than 30,000 responses in total.
When I took over responsibility for this policy, I committed to listening to all views and seeking consensus where possible. I have met a wide range of organisations and individuals, both supportive and with concerns about the proposals. I know that the Equalities, Human Rights and Civil Justice Committee has done the same, and I thank it for its careful scrutiny of the bill, its considered stage 1 report and its work at stage 2 and since.
I also want to express my deep gratitude to the parliamentary staff for their hard work throughout this process. [Applause.] I would also like to thank members of all parties, with whom I have had productive discussions throughout the bill’s passage, leading to agreement on constructive amendments. At stage 2, 47 amendments were agreed to, 43 were not agreed to and 60 were not moved. I took the same approach ahead of stage 3, undertaking a series of meetings with members, and again agreed further amendments to strengthen the bill.
I have commented at every stage on the importance of the tone of this discussion, and I remain grateful to members who have maintained a respectful tone, even where differing views are genuinely held.
Finally, I express my sincere gratitude to Scottish Government staff, including my private office staff, but in particular I thank the small but dedicated team who have worked tirelessly on the bill. [Applause.]
I also say a particularly big thanks to Parliament staff for their long shift over the past two nights, and I am grateful to them all. They deserve a very happy Christmas and a much-needed break.
Presiding Officer, never has so much been said about so few. The Gender Recognition Reform (Scotland) Bill reforms the process that has been in place for 18 years for trans men and women to obtain a gender recognition certificate—a GRC. Like the Marriage and Civil Partnerships (Scotland) Act 2014, it is an important step towards creating a more equal Scotland where LGBT people are valued, included and empowered.
The bill provides a new and improved route to legal recognition in Scotland, but the existing process will continue to be available across the whole of the United Kingdom. The bill does not remove the ability of someone who lives in Scotland to apply under the existing GRC process; it will still apply in law in the rest of the UK once the bill’s provisions come into force, as the requirements in the 2004 act are not restrictive based on where someone lives.
If the United Kingdom Government chooses not to recognise GRCs issued in Scotland, it will be particularly important that the existing system remains open to people in Scotland—for example, someone with an English birth certificate who lives in Scotland must have a route to be able to update that birth certificate in line with their acquired gender. I add, though, that I hope that the UK Government does not choose to take that step.