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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 19 October 2025
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Displaying 1719 contributions

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Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

To be clear, are you talking about the impacts on policy making and data collection rather than the impact on trans people themselves?

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

Thanks for that, Vic. Do you have anything to add, Mhairi?

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

Mhairi, are you happy with that, too?

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

This is my last question, unless I am allowed a cheeky extra one. The Scottish Human Rights Commission has written to the EHRC to clarify mandates. As you will know, the SHRC suggests that the EHRC is required to seek the consent of the SHRC when it proposes to take action on devolved human rights matters, and we would see gender recognition reform as one such matter. Can you outline that process? Have the two organisations met? What discussions have you had with the SHRC, and has there been an explicit discussion about seeking consent when taking action on devolved human rights matters?

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

Thanks. That is helpful. I will leave it there.

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

I just want to come back to a couple of things and explore them in a bit more detail.

Alexander Stewart mentioned the letter that the EHRC wrote to the cabinet secretary, setting out the change in your position. That letter refers to a

“wider group who identify as the opposite gender at a given point”,

and expresses concern that, under the bill’s proposals, that “wider group” might be able to obtain a GRC. Can you explain the term “wider group”?

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

Good morning, and thank you for joining us. Thank you, Melanie, for your opening statement. I have a few questions to put to you.

Some of us were newly elected in last May’s Holyrood elections. Prior to that, the EHRC’s advice to political party candidates was that gender recognition reform was needed urgently. You have outlined that your position on that has changed. Why do you think that legal gender recognition is no longer in need of reform? What analysis did you do to come to that changed view? Is that view shared by the EHRC as a whole, including the Scotland office?

I have a couple of further questions, but please start there.

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

I move on to the question of spousal consent and interim GRCs. The bill replicates the current provisions, but what do you think about them? Are you content with them or do they need to change? I will start with Vic Valentine.

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

You are focusing on the impact on policy making and data.

Equalities, Human Rights and Civil Justice Committee (Hybrid)

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 17 May 2022

Maggie Chapman

I echo Pam Duncan-Glancy’s comments and her thanks to you not only for the work that you have done in presenting written evidence to us prior to today, but for what you have said already and the support that you provide to the people you and your organisations represent.

I would like to explore in a bit more detail three specific areas of the bill: the requirement to live in one’s acquired or inherent gender for three months; the spousal consent and interim GRC issue; and the person with an interest issue.

Dr Crawford, you spoke a bit about the requirement to live in one’s acquired or inherent gender for three months in your opening remarks. We know that there are competing opinions and views about that. Some people think that three months is about right, some think that it is too long and some think that it is too short. It is a reduction from the current two years, obviously. What is your view on the provision on living in an inherent gender for three months prior to getting a GRC? Should we retain it? Colin Macfarlane said a little about the burden of evidence. Is there any risk that a requirement for proof could creep into the three months? I will start with Mhairi Crawford, and then go to Colin Macfarlane and Vic Valentine.