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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 7 November 2025
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Displaying 1964 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

Thank you, Victor, for coming to the committee this evening to give evidence. I want to speak to you about the intervention from your counterpart: the UN special rapporteur on violence against women and girls, Reem Alsalem. She said that her safeguarding fears were

“based on empirical evidence that ... the majority of sex offenders are male, and that persistent sex offenders will go to great lengths to gain access to those they wish to abuse.”

She is right, is she not? We are all aware of countless examples of the lengths that repeat sex offenders go to in order to access potential victims.

First, can you tell me why you think that the Gender Recognition Reform (Scotland) Bill as it stands will not be similarly abused by violent sex offenders if vital safeguards are removed? Secondly, if you say that that is a possibility, would you agree that a safeguard to prevent convicted sex offenders from applying for a gender recognition certificate is a reasonable and necessary measure?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

You did not exactly answer my question about concrete examples of acts of violence against trans people being reduced, but you talked about other examples of your views.

I have one final question, if I may. I am slightly confused about the “Living Free and Equal” report that you talk about. From my research, I believe that it does not provide a legal basis for the recommendations that you make. I wonder about two points. Is there a legal obligation on Scotland to enact reform that allows anyone to change their sex by self-ID? The UK’s Equality and Human Rights Commission says that the Gender Recognition Act 2004 is in line with international human rights obligations. Do you agree with that?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

Can I just make—

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

Welcome, Reem. I want to pick up on a point that you said that you did not cover in your letter but which you wanted to raise, which is around age. Do you have concerns with regard to the United Nations Convention on the Rights of the Child, which defines anyone under the age of 18 as a child? Do you believe that the lower age will have an impact?

Also, on some of the views around a report called the Cass—

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

Victor, your mandate stresses the importance of respecting regional, cultural and religious values in human rights. How will the gender reform self-identification system impact everyone’s human rights across the UK?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

Yes, Reem, we can hear you.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

That is fine, thank you.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

Welcome, Reem. You mentioned that you have concerns with age. Do you agree with lowering the age from 18 to 16?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

Thank you, Reem. I totally respect what you just said.

In your letter, you advised the Scottish Government to pause the bill. However, given that we will be voting on the bill over the next two days, do you personally have confidence that MSPs who are not part of this committee and are not on this call will have time to adequately consider the evidence that you are giving today?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill

Meeting date: 19 December 2022

Rachael Hamilton

In your letter, you also raised concerns that the views of women’s groups and others who are critical of the bill had not been adequately considered in the bill process. Do you think that these last-minute committee sessions have done or will do anything to rectify that, particularly for the women whom you discuss, who feel that their protections are threatened by the potential for predatory men to access single-sex spaces, or have concerns around spaces becoming mixed sex and women then choosing to self-exclude?