Hansard

The debate has been interesting and has inspired conversations, as well as speeches in the chamber. While a debate is the final stage of the passing of a bill, in many ways this one has been the opening conversation on future debates on gender identity and the census, reform of the Gender Recognition Act 2004, and transgender rights. Although the debate has been wide ranging, we should not lose sight of what the bill will achieve. If it is passed, the census that will take place in 2021 will, for the first time, collect information on a person’s sexual orientation and transgender status and history—if they wish to answer the relevant questions.

The census strives to be accessible and relevant and to maintain integrity in its data. It is important that such questions are asked on a voluntary basis, which is a position that is widely supported. I understand that work is on-going to ensure individual respondents’ confidentiality and sensitivity to their needs, and I would appreciate an update on that work.

The census is important for public bodies to be able to make key decisions about resource allocation, policy development and how services are planned. By gathering such additional information, the needs of the LGBT community could be better served and understood, as Jamie Greene highlighted in his opening speech.

I return to the sex question. It is interesting to look at the work of the ONS, which is considering the same issue. It has concluded that there would be a risk to the data collected on sex if a third response option were to be added to that question. However, Ross Greer set out his belief that that question should be included and made arguments in support of his position.

As we are agreeing today, voluntary questions will be added on transgender identity, and the ONS thinks that it can meet the needs of that group. As Annabelle Ewing has just stated, the committee has proposed that the sex question in the Scottish census should remain unchanged. It is interesting that, depending on the results of its testing, the ONS proposes to add a caveat to its sex question, to explain that a gender question will follow later in the questionnaire. It has said that that has been found to increase acceptability among the transgender and non-binary populations. It would be interesting to hear whether that option has been explored in Scotland.

It is concerning that elements of the debate have become toxic. The situation has involved misrepresentation and accusations, which presents the Parliament with a challenging environment in which to consider the reforms to the Gender Recognition Act 2004, which form a parallel issue to the debate that has added an intensity to the discussion of the bill that was perhaps not expected.

Murray Blackburn Mackenzie’s briefing sets out concerns about what it describes as “Losing sight of women’s interests”. Joan McAlpine raised those issues. There is concern that the protected characteristic of sex is being diminished and even ignored. Those points must not be dismissed; they need to be addressed. We must not close down debate, and open debate must take place without fear or threat to anyone.

I have heard the comment this afternoon that society is changing but, to ensure that Scotland is a safe, welcoming and respectful country for everyone, we need to make progress with understanding and work to achieve consensus. Reform of the GRA is necessary and, although I accept that that is not the cabinet secretary’s responsibility, the Government needs to be clear about its intentions and bring the debate for parliamentary scrutiny.

The debate that is dominating public discourse often does not recognise other issues that affect LGBT people. The LGBT population is subject to multiple disadvantages in the workplace, in education and in civic Scotland. We know that prejudice exists towards the LGBT community and that physical and verbal assault is all too common. Access to appropriate health services is not always easy, and that is compounded by Scotland’s geography. As Pauline McNeill highlighted, LGBT Youth Scotland has reported that 84 per cent of LGBT young people and 96 per cent of trans young people feel that they have experienced a mental health problem.

LGBT people can face isolation from their families and communities. I fully recognise the concerns that have been expressed about what changes to the GRA will mean for women and girls and for women’s rights, but we must recognise that LGBT communities are often vulnerable and open to exploitation and assault. We need to chart a path through the debate in a sensitive and understanding manner that recognises and addresses the concerns of everyone about the impact of the proposed changes.