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21 March 2022
Legislation which would change the system through which transgender people gain legal recognition in Scotland is to be scrutinised by a Scottish Parliament Committee.
The Equalities, Human Rights and Civil Justice Committee has today launched a call for views as part of its consideration of the Gender Recognition Reform (Scotland) Bill.
The Bill would amend the Gender Recognition Act 2004 to introduce new criteria for applicants seeking to obtain a Gender Recognition Certificate. Trans people with a GRC are legally recognised in their acquired gender and can obtain a new birth certificate stating that gender.
The time period that applicants are required to live in their acquired gender will also be reduced from two years to three months with an additional three month reflection period and they will no longer need to provide a medical diagnosis or medical evidence to support their application.
It will also be a criminal offence for applicants to make false statutory declarations with a sentence of up to two years’ imprisonment and/or a fine.
The Committee is therefore seeking views from individuals and organisations about these proposed changes to help inform their inquiry and ensure the Bill receives appropriate and robust scrutiny.
They will not be exploring any issues outwith the scope of the Bill as part of the inquiry.
Speaking as the call for views was launched, Committee Convener Joe FitzPatrick MSP said:
“This Bill would simplify the process by which transgender people in Scotland can gain legal recognition.
“We have launched this call for views to hear from you about your views on the key changes in the Bill, such as the removal of the need for medical evidence and reducing the minimum age for applications.
“This consultation marks the first step in the Committee’s scrutiny of the Gender Recognition Reform (Scotland) Bill. It is vital that we hear from a wide range of voices as part of our inquiry. The views of people and organisations from across the country are crucial to ensuring that any potential impacts of this Bill are properly considered.”
The deadline for submissions is 16 May 2022.
The Gender Recognition Reform (Scotland) Bill was introduced in the Scottish Parliament on 2 March 2022 by the Cabinet Secretary for Social Justice, Housing and Local Government, Shona Robison MSP.
The Bill changes the process to get a gender recognition certificate (GRC). A GRC is a certificate that legally recognises that a person’s gender is not the gender that they were assigned at birth, but is their “acquired gender”.
The current process for obtaining a GRC is set out in the Gender Recognition Act 2004. This Bill amends that Act to make a new process in Scotland.
The Bill sets out:
It also makes provision about:
The call for views includes a short survey form for those wishing to comment in general terms on the Bill and a longer, more detailed consultation form predominantly for organisations who want to comment at length on the provisions in the Bill.
Submissions which contain offensive and/or defamatory content, are in breach of GDPR, or are not relevant to the scrutiny of the Bill, will not be published.