THE First Minister has rejected accusations that gender recognition reform is being “rushed through” the Scottish Parliament.
Nicola Sturgeon was challenged by Scottish Conservatives leader Douglas Ross at First Minister’s Questions, who claimed that the pace at which the legislation was passing through parliament “could have potentially damaging consequences.”
The first consultation to reform the Gender Recognition Act in Scotland took place more than five years ago in November 2017.
However, after a further consultation took place in 2019 the Gender Recognition Reform (Scotland) Bill is now at the final stage of parliamentary scrutiny before being passed into law.
The bill seeks to bring Scotland in line with other European countries such as Ireland, Switzerland and Norway on self-identification by removing the requirement for a medical diagnosis of gender dysphoria before a person can acquire a Gender Recognition Certificate, which allows them to legally change gender.
It also proposes to drop the minimum age of applicants from 18 to 16 and reduce the amount of a time a person must live in their acquired gender from two years to three months.
Earlier this week UN Rapporteur for Violence Against Women and Girls, Reem Alsalem, wrote a letter to the UK Government which expressed concern that the Scottish legislation could have global consequences and claimed that self-ID would allow men to “abuse” the process.
Speaking at Holyrood in reference to Alsalem’s comments, Ross said: “It is far better that this Parliament and this government makes good laws rather than quick laws.
“We want to make legislation with full and proper consideration of all of the implications, but for some reason the Government seems determined to rush ahead at full speed to put this Bill through this month that experts and women’s groups say could have potentially damaging consequences.”
However, the First Minister said although she appreciated there were disagreements among MSPs about the legislation, the process was not being rushed.
She said: “Regardless of any individual’s view on this legislation, one thing that cannot be said with any credibility or basis in fact is that it is being rushed through this Parliament,” she said.
“This process, through consultation, introduction of draft legislation, introduction of legislation, the formal parliamentary scrutiny, it’s been under way now for, I think, a period of six years.
“This has not been rushed, this has been done carefully, and rightly so.”
In the wake of Alsalem’s statements a European expert on human rights has rebuffed the Rapporteur’s claims, telling The National that there was no evidence her concerns coming to pass in other countries where similar legislation already exists.
Dr Pieter Cannoot, from Human Rights Centre at the University of Ghent, said cases of abuse of the system “haven’t occurred” in Belgium or other countries where the policy is already in place.
A coalition of Scottish feminist groups has also defended the reforms in a letter sent to Alsalem.
Co-signed by six feminist organisations, the letter expressed disappointment at her comments and said that the human rights of women and trans people were “deeply interconnected and dependent on shared efforts to dismantle systems of discrimination.”
The Scottish Greens equalities spokesperson, Maggie Chapman MSP, said Ross's comments were emblematic of "divisive" and "nasty" politics on the issue.
She said: “What we saw today from Douglas Ross was shocking and desperate.
“The rights of trans people are not in conflict with the rights of other groups in society. I am very proud of the role the Scottish Greens are playing to secure long overdue reforms of the Gender Recognition Act from 2004.
“Trans people have already been targeted by a cynical and toxic campaign of disinformation, prejudice and scaremongering without Douglas Ross shamelessly adding to it and stirring up tensions even further.
“He should take a long, hard look at himself and question if this is really the kind of cheap, nasty and divisive politics that he wants to be associated with.
She added: “The Scotland that we want to build is an inclusive one that has equality at its heart and gives everyone the opportunity to live, love and thrive as the people they really are and always have been.
“Self-identification is a crucial reform, but it is only one part of the change that is needed. Over the course of this parliament we will transform trans healthcare and end conversion practices.”
