Chamber
Meeting of the Parliament 22 December 2022
22 Dec 2022 · S6 · Meeting of the Parliament
Item of business
Gender Recognition Reform (Scotland) Bill
I am grateful to the member for the opportunity to put on the record once again that, as I have said so many times, the exceptions in the Equality Act 2010 remain and trans women can be excluded from those spaces if it is proportionate and in line with the guidance and with the provisions that are contained in the 2010 act. I cannot be any clearer than that. I hope that that gives the member the reassurance that he is looking for.
To conclude, I want to repeat that the bill represents an important moment for trans people in Scotland. It addresses the deficiencies of the current system for legal recognition, which are not in line with international best practice and which place disproportionate barriers in the way of trans people accessing their human rights.
In the same item of business
The Presiding Officer (Alison Johnstone)
NPA
The next item of business is a debate on motion S6M-07312, in the name of Shona Robison, on the Gender Recognition Reform (Scotland) Bill. 12:52
The Cabinet Secretary for Social Justice, Housing and Local Government (Shona Robison)
SNP
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 Scotlan...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
If we are repealing parts of the Gender Recognition Act 2004 in the schedule, does that not have the effect of removing the access that the cabinet secretary...
Shona Robison
SNP
No; both routes will be open to people once the legislation is enacted. Following her visit to the UK, the Council of Europe’s Commissioner for Human Rights...
Rachael Hamilton
Con
Will the cabinet secretary give way?
Shona Robison
SNP
Not just now. That is why we prioritise the work of the equally safe strategy, the delivery of which has resulted in changes in legislation through the Dome...
Rachael Hamilton
Con
If, as the cabinet secretary says, the Government has the rights and protections of women and girls at the heart of what it does, why have so many of her Sco...
Shona Robison
SNP
Members of all parties have differing views. I could ask the member why some of her own party do not agree with her position on the bill. People have listene...
Rachael Hamilton
Con
rose—
Shona Robison
SNP
No, thank you. I have also stated clearly that the bill does not change public policy around the provision of single-sex spaces and services. We support the...
Liam Kerr (North East Scotland) (Con)
Con
Will the cabinet secretary take an intervention?
Shona Robison
SNP
Not just now. The bill does not in any way modify the Equality Act 2010, and I supported the amendment, which was agreed to, that puts that beyond doubt in ...
Mercedes Villalba (North East Scotland) (Lab)
Lab
Will the minister take an intervention?
Daniel Johnson (Edinburgh Southern) (Lab)
Lab
Will the minister take an intervention?
Shona Robison
SNP
I will take a brief intervention from Daniel Johnson.
Daniel Johnson
Lab
As it stands under the Equality Act 2010, a trans person can be excluded from a single-sex space on the basis that they are transgender, and therefore essent...
Shona Robison
SNP
I am grateful to the member for the opportunity to put on the record once again that, as I have said so many times, the exceptions in the Equality Act 2010 r...
Mercedes Villalba
Lab
Will the minister give way?
Shona Robison
SNP
Yes.
The Presiding Officer
NPA
Very briefly.
Mercedes Villalba
Lab
I am very grateful to the minister for introducing this bill to reform legal gender recognition for trans men and women. However, we must also recognise that...
The Presiding Officer
NPA
In conclusion, please.
Shona Robison
SNP
As we said in the committee at stage 2, that further work is under way. The bill is a further step towards making Scotland a more inclusive and fair society...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
I echo the words of the cabinet secretary and put on the record my thanks to all parliamentary staff, including the very hard-working bill team. It is with ...
Gillian Martin (Aberdeenshire East) (SNP)
SNP
Does Rachael Hamilton agree that the amendments that I lodged at stage 3 mean that men on the sexual offences register will be risk assessed so that they can...
Rachael Hamilton
Con
I do not agree that Gillian Martin’s amendments go far enough; they should have been more robust. The Parliament should have voted for Michelle Thomson’s ame...
Fulton MacGregor (Coatbridge and Chryston) (SNP)
SNP
Will the member take an intervention?
Rachael Hamilton
Con
Not at the moment, because I would like to make a little bit of progress, thank you. The UN special rapporteur on violence against women and girls, Reem Als...
The Presiding Officer
NPA
We will hear Ms Hamilton.
Rachael Hamilton
Con
The Parliament has to think about the message that that will send to young women such as my daughters. Warm words about women’s rights are often recited in t...