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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 5 May 2021
  6. Current session: 12 May 2021 to 6 July 2025
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Displaying 1957 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

Is that because you believe that a GRC changes a person’s sex for the purposes of section 11 of the Equality Act 2010?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

Convener, this is a bigger issue than I had envisaged when asking my supplementary question.

Would challenge through the courts be brought by a family member, for example? Is that what you are saying?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

On that point, will GRCs that are issued by the registrar general have a United Kingdom-wide effect? What do you intend to do in terms of the information that is passed between registers in Scotland and those in England, Wales and Northern Ireland in relation to issuing a revised birth certificate? What happens in that situation?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

Thank you. The last point was about the 12 hours between the written submission deadline and the bill being brought in front of the committee. It was quite a short time in which to digest 10,800 submissions and make a decision on who to bring forward as witnesses.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

So you would not mind if we took longer.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

I have a question on acquired gender, convener. A trans woman raised the definition of acquired gender in committee and put the question back to the female witnesses by asking them what traits they demonstrate that confirm that they are living as women. For the purposes of the bill, and if we are to reform the legislation and make it better, does the Government consider that there should be a definition of “acquired gender”?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

This is a supplementary question on the cross-border effect, which I indicated to the convener that I would ask. Cabinet secretary, why has the EHRC said that there are implications for potential divergence from the Equality Act 2010 on services—which you have mentioned a number of—such as cross-border employment and education services and on single-sex exemptions?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

We actually had sight of that last night.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

I know—we keep talking about that and repeating it. I have said in evidence a couple of times that I wonder whether the exemptions in the 2010 act are meeting the reform that we are seeing now within Governments.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

I have three supplementaries to Pam Gosal’s questions. First, why was the Scottish Government bill team’s first meeting with the committee on 15 March not fully minuted? You probably cannot answer that just now.

Secondly, when you say that we have had plenty of time to scrutinise the bill, how is it that on 17 May, less than 12 hours after the deadline for written submissions—which was midnight on 16 May, with 10,800 short submissions being made—you believed that the committee had had the ability to scrutinise it all? If we look at all the bills that we have passed in the committee, we can see that we have had the most evidence sessions, and probably the most private sessions, on this one, so in response to Karen Adam’s question my question would be: what would the consequences be of not delaying the bill?

11:15  

Lastly, on the point that you make about the impact on single-sex safe spaces, we heard evidence from Senator Regina Doherty, who said that two women identifying as men had been housed in Limerick prison after they had been arrested and charged. Are you sympathetic to the concerns of vulnerable women who are housed in prison?