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Gender recognition reform act

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Gender recognition reform act

Disclaimer

I don’t like what is happening around the Scottish gender recognition reform act. I don’t enjoy watching trans people being punching bags. I fully support expanding, protecting rights and better healthcare.

I can’t begin to understand what transgender people experience. I’m quite frankly ignorant about a range of issues but want to be informed. Unable to understand the challenges facing the transgender community without listening to voices within that community. We should be listening and helping them influence policies that impact them.

The general public often has contradictory, often very complicated opinions. Public opinion can often change widely depending on the question. Details can make or break support. A member of the public does not pay attention until needs to. Other issues are far more important to people compared to this. In the minority here I would broadly support changes to the gender recognition act.

The Scottish gender recognition reform act has been 6 years in the making. Enjoying some cross-party support, various charities and groups have influenced the bill. Even in Scotland, this reform is still controversial. See YouGov polling for the times on the subject here. Reforming this law is controversial, credit to Sturgeon for backing this.

Secretary of State for Scotland, Alister Jack released this statement.

I have decided to make an order under section 35 of the Scotland Act 1998, preventing the Scottish Parliament’s Gender Recognition Reform (Scotland) Bill from proceeding to Royal Assent.

After thorough and careful consideration of all the relevant advice and the policy implications, I am concerned that this legislation would have an adverse impact on the operation of Great Britain-wide equalities legislation.

Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding. My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections and other reserved matters.

I have not taken this decision lightly. The Bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.

If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.

I have written today to the First Minister and the Scottish Parliament’s Presiding Officer informing them of my decision.

Stephen Bush of the FT, inside politics piece on the subject. I would agree with this more about a legal dispute over anything else.

What does the bill do?

  • Lowers the age, people in Scotland can apply for gender-recognition certificate (GRC) to 16.
  • Removes the need for a medical diagnosis of gender dysphoria.

The question for the courts is Recognition Reform (Scotland) Bill has implications for UK-wide equalities law. Any judicial review would be looking at that question not the use of section 35.

The basic problem is Scotland can’t reshape the process of changing your legal gender, without reshaping UK equalities law. Depending on who you ask the Equality Act 2010 matters here or does not. Another revision of the Equality Act is likely now required to clear up any problems.

The risk here draws attention to a broader constitutional issue. England’s sheer size means in practice it can set the law for everybody else. An example here is the equality law. I suspect the reason why Sturgeon wanted to push ahead, was to highlight that problem. Easier to sell this controversial bill, by amplifying the sovereignty argument. Making it a fight over the veto and power Westminster holds over Holyrood.

Maybe that last point is too cynical but has been ample time for a solution both sides can agree on. Maybe this is just a simple legal dispute with Hollyrood thinking it could pass this without causing any problems. Reality is a compromise must be found if you want to pass this bill.

*Small update Welsh government has published plans for gender recognition reforms. It will be seeking powers that allow it to do that. Host of other reforms in the works. 

I don’t like what is happening, toxic and controversial debate. I don’t enjoy watching trans people being punching bags. I support protecting LGBT+ rights, and trans rights and easier to access healthcare for trans people.