Meeting of the Parliament 27 October 2022
I am short of time, but I will address matters in my closing remarks if Ms Hamilton wishes to put them on the record later.
The committee sought further clarity on the meaning of the phrase “ordinarily resident” in the bill, which we have provided in our response. Being “ordinarily resident” is an established concept in several areas of law, including pensions and benefits, taxation and jurisdiction, and including in at least 17 acts of the Scottish Parliament. In general, it means that someone’s residence here is voluntary, for settled purposes and lawful.
The committee noted the concerns raised by several witnesses that the provision allowing a person who has an interest in a GRC to apply to the sheriff to revoke such a certificate might allow legitimate applications to be frustrated. Although I understand such concerns, under the bill a person seeking to revoke a certificate has to have a genuine interest in the GRC. It would have to affect them materially, and personally or professionally, and they would have to prove the ground on which the certificate could be revoked. References to a “person who has an interest” are also common in acts of this Parliament.
The committee rightly highlights the importance to trans people that a GRC issued in Scotland should be recognised in the rest of the United Kingdom. Trans people will continue to be protected from gender reassignment discrimination under the Equality Act 2010 throughout the UK, whether or not they have a GRC.
It will be for other jurisdictions to set their policy on whether they recognise legal gender recognition obtained elsewhere. Under the current system, some people who have obtained legal gender recognition outwith the UK, including under systems based on self-determination similar to that proposed in the bill, can apply in the UK without needing to provide any medical evidence.
It is, of course, not uncommon for Scottish legislation to have implications for the rest of the UK. A section 104 order under the Scotland Act 1998 provides the mechanism for the UK and Scottish Governments to work together to make consequential modifications. The Scottish, UK and Northern Irish Governments are working together at official level, and I have written to the UK equalities minister reaffirming our commitment to work constructively together on the matter.
There is majority support from the committee for the bill as introduced. Four of the five parties in the chamber advocated for gender recognition reform in their manifestos. The Scottish Government has responded to the committee’s requests for further clarity in its written response. The bill has been subject to extensive scrutiny, both by the public through consultation and by a range of experts and stakeholders during the committee’s evidence sessions.
It is clear from the stage 1 report that the committee’s majority view is that the proposed reforms will support trans men and women to obtain legal gender recognition in a manner that is significantly less demeaning than the current medicalised system.
I look forward to hearing members’ views and I welcome the opportunity to engage with them again on the bill. I again thank the committee for its work during stage 1 and in the weeks to come.
I move,
That the Parliament agrees to the general principles of the Gender Recognition Reform (Scotland) Bill.