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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 31 October 2025
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Displaying 2169 contributions

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Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Pam Duncan-Glancy

Do you think that the bill needs to be strengthened in that sense?

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Pam Duncan-Glancy

Forgive me, but the Scottish ministers are accountable for what they direct local government to do, the money that they put into local government and the work that they do in social care, so I do not think that it is fair to characterise the situation as one in which the minister has no responsibility.

Social Justice and Social Security Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 17 November 2022

Pam Duncan-Glancy

I do not have another question, convener. I was just hoping that Andrew Ewen might come in on the previous one.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Pam Duncan-Glancy

I thank the cabinet secretary for her response and for the helpful conversations that we have had about my amendments in the group. I press amendment 121.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Pam Duncan-Glancy

I have lodged amendment 115 because I do not think that it is fair to exclude asylum seekers from the process. My amendment explicitly adds them to the bill, and I encourage members to vote for it for that reason.

I move amendment 115.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Pam Duncan-Glancy

Thank you, cabinet secretary. I appreciate that.

I am tempted to press the amendment, because I want to put on the record the strength of feeling that there is to include asylum seekers in the bill. I would welcome further discussions at stage 3 if the issue is not addressed in the committee today.

I press amendment 115.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Pam Duncan-Glancy

I thank the cabinet secretary for setting out her position on the record. I am satisfied with the way that she has described what she is trying to do. I was seeking to make the provision not narrower, but broader, but I understand the cabinet secretary’s rationale, so I will not press amendment 126 and I will vote for her amendments.

Amendment 126, by agreement, withdrawn.

12:00  

Amendment 127 moved—[Russell Findlay]

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Pam Duncan-Glancy

I thank Maggie Chapman for her comments on my amendments in the group.

Unfortunately, I will not be able to support amendment 97, because I believe that narrowing the list of persons with an interest could prevent someone who has a genuine interest in someone’s GRC application from using the person of interest provisions in good faith, on the grounds of genuine concerns about capacity. However, my amendments 130 and 132—as Maggie Chapman suggested—attempt to add safeguards and proportionality to the process to prevent people from using it maliciously. For that reason, I ask members to support my amendments. I think that Maggie Chapman’s amendments 95 and 96, which she has said that she will withdraw and not move respectively, are reasonable but I ask members to support my amendments.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Pam Duncan-Glancy

Thank you—give me a second to get to the correct page in my notes.

The intention behind amendment 126 is to ensure that someone who is nearing the end of their life does not have to wait unnecessarily to have their gender recognised in legislation. I lodged the amendment because I think that the reflection period should be waived for people in that situation.

I recognise that the Government has lodged amendment 49 on the matter and I welcome its agreement to work on it before stage 3.

In amendment 126, I use the definition of “terminally ill” that is used in social security legislation in Scotland, which I think is a good definition. I do not intend to press amendment 126, but I would welcome the Government agreeing to work with us to ensure that someone who is at the end of their life can get a gender recognition certificate as quickly as possible and to consider using the definition from social security legislation.

I move amendment 126.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Pam Duncan-Glancy

I thank the cabinet secretary for her answers, and I note some of the concerns about competency in relation to amendment 115. However, I believe that we need to send a signal that asylum seekers are welcome to apply for the process. I wonder, therefore, whether the cabinet secretary will consider the requirement in Tess White’s amendment 116 that the applicant intends to be here for longer than a year. Most asylum seekers, I imagine, would make that declaration and believe it to be true at the time. On that basis, will the cabinet secretary consider supporting that amendment?