THE UK Government may not recognise gender recognition reforms (GRR) if they pass through Holyrood, according to reports.
A BBC government source has claimed it is “absolutely” possible that gender recognition certificates administered under proposals currently making their way through Holyrood will not be recognised by other parts of the UK.
The changes aim to shorten the time it takes to receive a gender recognition certificate, lower the age to get one from 18 to 16 and remove the requirement of a medical diagnosis of gender dysphoria.
If the UK Government were to take this stance, it could make it more difficult for trans people to have their legal status recognised if they were to obtain a gender recognition certificate in Scotland and then move to another nation within the UK.
BBC journalist David Wallace Lockhart tweeted the news on Thursday evening.
EXC: UK govt may not recognise a proposed new system in Scotland to allow people to legally change their gender. They're also not ruling out a legal challenge. This could could hugely complicate matters for anyone changing gender in Scotland and then moving elsewhere in UK (1/5)
— David Wallace Lockhart (@BBCDavidWL) December 8, 2022
He wrote: “UK govt may not recognise a proposed new system in Scotland to allow people to legally change their gender. They're also not ruling out a legal challenge.
“This could hugely complicate matters for anyone changing gender in Scotland and then moving elsewhere in UK …
“UK Gov source said 'absolutely' possible rest of UK won't recognise Scot certificates. Source said it's [a] ‘test case scenario’ of how Holyrood bill could ‘undermine Westminster competencies’.
“Scot Gov spokes said Ms Badenoch was responding to letter sent by Scot Gov in Oct ‘setting out relevant policy considerations for the UK Government, undertaking to work constructively on cross-border issues, and offering to meet’.”
Wallace Lockhart went on to say that the Scottish Government was happy to meet with UK equalities minister Kemi Badenoch over Westminster’s concerns over the proposed reforms.
The bill itself completed its second stage of scrutiny last month as MSPs worked through more than 100 amendments and will now be subject to a final debate before the Scottish Parliament's recess over the festive break.
A UK Government spokesperson said: “As the UN Special Rapporteur has set out, the Scottish Government’s proposals currently raise a number of clear concerns.
“In order to understand the potential impact of the bill on the rights of people across the United Kingdom, we will continue to monitor its progress. We have made no decision on any potential action at this time.”
A Scottish Government spokesperson said: “The UK Government’s minister for women and equalities has responded to a letter sent by the Scottish Government in October setting out relevant policy considerations for the UK Government, undertaking to work constructively on cross-border issues, and offering to meet.
“Ms Robison will be happy to meet with Ms Badenoch.”
