Committee majority backs Gender Bill in stage 1 report
Holyrood’s Equalities, Human Rights & Civil Justice Committee has, by majority, agreed to the general principles of the Scottish Government's Gender Recognition Reform (Scotland) Bill.
Its stage 1 report on the bill, published today, was supported by five of the seven members of the committee, with Pam Gosal and Rachael Hamilton disagreeing.
The bill aims to improve the process for those applying for legal gender recognition by moving to a model based on self declaration rather than having to go through the Gender Recognition Panel, which supporters of the bill say is a lengthy and demeaning process while opponents are concerned about the lack of safeguards for young people and the potential for abuse of the system.
A majority of members support the model based on self declaration, with the Registrar General reviewing and processing applications and the Gender Recognition Panel being removed from the process; the minority recognise the negative experiences and lengthy wait with the current process, but believe the system needs an element of safeguarding and that further data and evidence are needed
The majority believe the statutory declaration process will be sufficiently robust; the minority say the removal of the requirement for gender dysphoria and the requirement for medical evidence could potentially mean the process is open to abuse from bad faith actors, particularly predatory men.
Different views are taken as to the length of time someone should have lived in their acquired gender, but the committee as a whole agree that the Scottish Government should explain more fully its reasoning for a period of three months.
The majority support lowering the age of eligibility for applicants from 18 to 16; the minority believe 16 year olds may not be mature enough to make such a decision.
Should the bill be enacted, the committee as a whole recommends that the Scottish Government address the concerns raised by the Children & Young People’s Commissioner around the adequacy of the protections for children’s rights and support for them in navigating the application process.
Also, given the polarised debate that has taken place, the committee recommends that the Government should collect as much information as possible as often as possible and report this to the Parliament, to ensure all data on the impact of the bill are captured and made available.
Committee convener Joe FitzPatrick MSP commented: "The committee would like to thank everyone who has taken the time to contribute and engage with our stage 1 scrutiny of this bill. We heard a wide range of views, from individuals and organisations, through extensive written and oral evidence.
"Whilst not all the committee agreed, for the majority of our members it is clear that now is the time for reform of the gender recognition process and we support the general principles within the bill.
"We believe these important reforms will improve the lives and experiences of trans people."