GENDER RECOGNITION REFORM BILL

By Sean Walsh

The Gender Recognition Reform (Scotland) Bill was created to make it easier for transgender individuals to obtain a gender recognition certificate (GRC) by removing the necessity of a diagnosis of gender dysphoria and lowering the minimum age for applicants from 18 to 16. According to the Scottish Government website, "They [the applicants] will no longer need to provide medical reports or evidence. Applicants will be required to live in their acquired gender for a minimum of three months, with a reflection period of a further three months before a certificate is granted.

The Gender Reform Bill had majority cross-party support in the Scottish Parliament, with 86 votes in favour and 39 against.

The SNP's Ash Regan quit the government in protest of the Bill, and nine other SNP MSPs either abstained or voted against it during stage one of the Bill. MP Joanna Cherry, who had longstanding opposition to the process of gender recognition reform, represents Scotland in the House of Commons. (MSPs represent in the devolved Scottish Parliament, MPs represent Scotland in the House ofCommons).

Most Conservative MSPs opposed the Bill, with exceptions being Jamie Greene and Dr Sandesh

Gulhane. Scottish Labour was largely in favour, but some MSPs were opposed. Scottish Green and Liberal Democrat Party MSPs supported the new law.

Rishi Sunak then declared that he would be invoking Section 35 of the Scotland Act 1998, which allows the UK Government to block a Bill from being presented for Royal Assent, required for the Bill to become law.

The reason that was given for this was that the UK Government believed that the Bill would be ‘incompatible’ with the rest of the UK’s legislation and would be detrimental to the law of the land.

The response from Holyrood – Scottish Parliament – was swift and angry. The Social Justice Secretary, Shona Robison, said the move to block the Bill has made for a dark day for trans rights. First Minister at the time Nicola Sturgeon said on Twitter “This is a full-frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on devolved matters.”

Chief executive of Stonewall, Nancy Kelley, said in a statement: “This is the nuclear option. It is the only time that Section 35 of the Scotland Act has been used since 1998, in an unprecedented move which significantly undermines the devolution settlement and will unlock constitutional and diplomatic strife. Adding: “It is a matter of grave and profound regret that the Prime Minister has allowed trans people’s lives to be used as a political football. This is not governing with compassion. These are not the actions of a government that can stand on the international stage as a credible defender of LGBTQ+ rights. We hope that the legal process concludes swiftly and that governments of the UK focus their attention on positive strategies that support LGBTQ+ communities to thrive.” consideration and debate. The Bill covers matters that are devolved to the Scottish Parliament and its consequences were considered by MSPs in detail. For the UK Government to seek to block the Scottish democratic process in this way, simply because they disagree with the welcome decision the Scottish Parliament has made to improve trans people’s lives, is unacceptable. We fully expect the Scottish Government to challenge this in the courts.”

Trans equality group Scottish Trans also condemned the UK Government’s decision. Manager Vic Valentine said: “The Bill as passed would introduce a simpler and fairer way for trans men and women to be legally recognised as who they truly are, allowing them to live with the dignity we all deserve That followed years of consultation and lengthy Parliamentary government has a fighton its hands from all sides. This will play out for some time to come, as the Scottish Parliament could sue the current UK administration in what would likely be a lengthy court battle. It is time that trans rights should not be the ‘hot button’ issue but should just be ‘rights’ like everyone else. We are in 2023 we should not be using people for political advantage.