Transgender 16- and 17-year-olds in Scotland will be able to apply to change the gender on their birth certificate for the first time as MSPs debate the Scottish Government’s controversial gender recognition reforms late into the night.
The marathon session took place amid chaotic scenes at Holyrood, including disturbances from the public kitchen, uncertainty over whether some amendments open the bill to legal challenge and attempts to delay proceedings for the new year.
Despite concerns among SNP backbenchers, some Labor members and the Tories, the SNP-Greens majority at Holyrood means the bill is very likely to pass its final stage during a critical vote on Wednesday afternoon.
The bill would remove the need for a psychiatric diagnosis of gender dysphoria and reduce the length of time someone must have lived permanently in their gender before they can apply – from two years to three months, or six months for 16- and 17-year-olds , with a three-month cooling-off period during which the individual can change their mind.
One protester in the public gallery shouted “shame on you all, no democracy here” after an amendment tabled by Scottish Tory public safety spokesman Russell Findlay to prevent convicted sex offenders from being able to change their gender was rejected.
The debate was halted for half an hour while the public gallery was cleared, with reports on social media that the women had been “threatened with arrest” if they did not move.
Findlay’s amendment was one of a number trying to address concerns about abusive men taking advantage of the new system. The Scottish Government is expected to back another version put forward by Gillian Martin, a Scottish National Party MSP who has previously expressed doubts about changes to gender recognition, and backed by Jamie Green, co-chair of Holyrood’s LGBTI+ group, which would mean any convicted for a sex offender who wishes to apply for a certificate will need to undergo a full risk assessment.
Green told MSPs that theirs was “not the only unlikely pairing with a shared ambition to strengthen safeguards”. He was referring to Michelle Thomson, one of the SNP backbenchers who rebelled in the first vote, working with Findlay on another amendment to prevent anyone accused of a sex offense from changing their legal gender until the end of their trial.
Thomson, who has spoken powerfully about her rape at the age of 14 and its impact on her life, told the chamber that the voices of traumatized women had been ignored in the consultation process, asking: “Who in the last six years has been speaking for them? “
Shona Robison, the Scottish Government’s equalities minister, who is leading the bill, reiterated to MSPs that the threat to women and girls is from predatory men, adding that no fraudulent use of self-declaration has been reported in other countries where the streamlined system is in place .
Scottish Green MSP Maggie Chapman warned MSPs that “dog whistles equating trans people with sex offenders” were “most disturbing”.
Archie Bland and Nimo Omer take you through the top stories and what they mean, free every weekday morning
Privacy Notice: Newsletters may contain information about charities, online advertisements and content funded by external parties. For more information, see our Privacy Policy. We use Google reCaptcha to secure our website and Google’s Privacy Policy and Terms of Service apply.
Efforts by some MSPs to keep the minimum application age at 18 were rejected, despite Ash Regan – the former SNP minister who resigned in protest before the first stage of the bill and spoke wearing a scarf in the suffrage colors adopted by opponents of a bill – calls on colleagues to “exercise extreme caution”.
The session began with concerted attempts by the Scottish Tories to delay the January debate by stretching out the time needed to discuss procedural motions. Some supporters of the bill were also critical of the time allowed to debate more than 150 amendments before Holyrood’s Christmas recess began on Thursday afternoon.
There was also anger that Robison contacted three MSPs late on Monday, warning that their amendments, if successful, risked putting the bill at “serious risk” of being outside Holyrood’s remit. The UK government has already suggested it may challenge the bill if it is passed, or refuse to recognize Scottish GRCs.
Add Comment