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Seòmar agus comataidhean

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 2 November 2025
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Displaying 2169 contributions

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Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 20 September 2022

Pam Duncan-Glancy

Thank you, minister, for setting out the detail of this affirmative instrument.

I was pleased to hear you make the point about raising the age of criminal responsibility, because, as you are aware, the current age of criminal responsibility in Scotland is lower than is recommended by the United Nations Committee on the Rights of the Child. Is the Government considering raising the age?

The child rights and wellbeing impact assessment says:

“the Regulations are UNCRC compliant.”

However, the legislation to which the regulations relate—the 2019 act—is not UNCRC compliant, given its incompatibility with the UNCRC in relation to the age of criminal responsibility. Will you comment on that?

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 20 September 2022

Pam Duncan-Glancy

I am keen to know how the errors happened and how and when they were identified.

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 20 September 2022

Pam Duncan-Glancy

That is helpful. Thank you.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Pam Duncan-Glancy

In legislation, there is an assumption that a young person has the capacity to make a decision unless a professional says otherwise—on a case-by-case basis. Would that be a useful addition to this bill in order to protect young people?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Pam Duncan-Glancy

Yes. I have some other questions.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Pam Duncan-Glancy

This gets to the heart of human rights, and it is ultimately about the human rights of trans people. Of course, trans people’s rights are human rights, not because they are trans but because they are human. We have heard in a lot of the evidence sessions about the importance of the human rights of everyone who is involved.

I am deeply disappointed by the public discourse around this particular debate, in which trans people have seen their rights being debated on opening the papers or watching the news; of course, women have also experienced that debate about rights, but human rights are inalienable, not debateable. I believe that a lot of that discourse is to do with the vacuum that was left by the Government between 2017 and 2019 and I am disappointed by that. What can the Government do to sort out this mess?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Pam Duncan-Glancy

Thank you, cabinet secretary. Could you set out what changes you have made and what equalities analysis you have done since the equality impact assessment in 2017 to 2019? We have heard concerns that there have not been many changes.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Pam Duncan-Glancy

My final question is about single-sex spaces. I appreciate that we have had extensive discussions about that today and throughout the committee’s evidence sessions.

We have touched on section 22 of the 2004 act and protected information. Has the Government decided that the bill does not impact on the exemptions? Have you considered whether there is need for further exemptions in relation to section 22? What guidance will the Government or others issue on the matter, and in particular on the general occupational requirement exception?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Pam Duncan-Glancy

Probably both, but I am specifically asking about annual reporting. Indeed, my next question is about annual reporting and whether you are prepared to commit to carrying out a post-legislative review and, indeed, whether you are prepared to consider the impact of including or not including non-binary gender recognition, perhaps within a year of the bill being passed.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Pam Duncan-Glancy

Thank you. In evidence to the committee and through engagement as part of my fact-finding work on the bill, I have heard that there is an obvious difference between capturing population-level data and capturing individual-level data. We have touched on population-level data.

When it comes to individual-level data, there are concerns about people falling off the radar for particular health services. I appreciate that this is not directly related to the bill, but I think that it is important that we consider the issue. I make it clear that I think that trans people absolutely understand their bodies—they are probably more mindful of their physical bodies than other people are, for various reasons. However, what more can the Government do to ensure that trans women and trans men are called for the health service to which they will need to be called, on the basis of biological characteristics that they might retain after getting a gender recognition certificate?

The Scottish Trans Alliance has a mechanism in place to do with community health index—CHI—number changes, which has worked in different areas. How could we support such an approach to data gathering?