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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 17 September 2025
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Displaying 1960 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I want to ask about your experience of different international models. Obviously, jurisdictions across the world are very different.

Can you talk us through how you see the differences between Scotland and other jurisdictions? For example, you said that in some of the countries that now have self-ID, medical documentation might have to be produced. There is not a standardised approach. How can we learn from the various examples? Do you have a favoured country that has taken an approach that you agree with? On what principle has that been established?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I would like some examples of countries that have had impact studies on the issues that Pam Gosal has just explored.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Cathy, can you tell me how you pronounce your surname?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

May I follow up—

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Cathy Asante, you mentioned the Age of Legal Capacity (Scotland) Act 1991. A long time has passed since 1991. What did you mean by “evolving capacities of children”?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

In that sense, is the Cass review relevant, when young people from Scotland access healthcare in England because they cannot get access in Scotland?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I want to go back to something that we discussed earlier. We had a consultation, and 59 per cent of people who spoke about the bill opposed the principles of the bill. It was quite a considerable number.

In relation to the Equality Act 2010 and the women who are concerned about safeguards and opt-outs on a single-sex basis, if the proposed reform happens, do you think—looking through a human rights lens—that those exemptions, as Amnesty International Scotland described them, should be justified on the basis of less stringent criteria? Amnesty did not say that—I will get this right for the convener. It said:

“those exemptions must be justified on the basis of quite stringent criteria.”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 31 May 2022; c 58.]

From a human rights angle, do you think that, in terms of women’s views on safeguards and opt-outs, those should be made simpler in law, so that the exemptions are there and those women feel protected, for the reasons that we are hearing?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I want to ask about your comments about section 9 having unintended consequences with regard to not collecting both gender and biological sex data. What did you mean, specifically, by that?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Thank you for that. On the requirement for documentation in countries such as Croatia, Finland and Germany, why did those countries come to that decision, unlike the examples that you have given, where no medical documentation is required?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

This morning, the Scottish Human Rights Commission suggested that we should have a post-legislative review. Has that happened anywhere else? Are there any international comparisons?