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Equal Opportunities Committee 16 January 2014

16 Jan 2014 · S4 · Equal Opportunities Committee

Item of business

Marriage and Civil Partnership (Scotland) Bill: Stage 2

Neil, Alex SNP Airdrie and Shotts Watch on SPTV

Amendments 50 and 74 to 76 relate to persons who are long-term transitioned to an acquired gender. Persons who are acquiring a new gender can apply to the gender recognition panel for a gender recognition certificate. Section 3 of the Gender Recognition Act 2004 makes provision for the evidence that should normally be submitted, including evidence that relates to the diagnosis of gender dysphoria.Section 27 of the 2004 act made provision for alternative evidence requirements for persons who had been long-term transitioned, but that section has now terminated, as a sunset clause, and no longer applies. The amendments are designed to reintroduce alternative evidence requirements for some long-term transitioned people.Amendment 74 will make amendments to the 2004 act in order to make provision on the detailed procedure. Under the procedure, applicants can submit just one report, rather than the usual two. Because the bill that we are considering is about marriage and civil partnership, the applicant must be, or have been, in a marriage or civil partnership that was registered in Scotland.The provision concerns persons who are long-term transitioned, so the applicant must have been living in the acquired gender for six years before the commencement of section 27 of the bill, which will introduce the schedule on gender recognition. The applicant must have, or have had, gender dysphoria, or have undergone surgery to modify sexual characteristics, or must have undergone other treatment, as laid down by an order made by Scottish ministers. The order-making power reflects the fact that some applicants may not have had surgery. Surgery may not have been available, or may not have been advised for medical reasons. Treatments may vary, so the order-making power will enable ministers to seek views on exactly what forms of treatment might be acceptable as evidence under the new procedures. Amendment 76 will ensure that any such order will be subject to affirmative procedure.The amendments also contain an order-making power for ministers on any further information or evidence that applicants should provide under the new procedure. Amendment 75 will ensure that the order-making power is subject to negative procedure, and will make a technical change to the bill to reflect the fact that all orders under section 5D of the 2004 act, on streamlined procedures for civil partners to obtain full gender recognition certificates, will now be subject to affirmative procedure.Amendment 50 is a consequential amendment that reflects that there will, in the future, be two parts to schedule 2 to the bill, because amendment 74 will introduce a new part 2 to the schedule.I move amendment 50.Amendment 50 agreed to.09:45

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Equal Opportunities Committee 16 January 2014

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