A cross-party group of MSPs has tabled amendments to Scottish government plans to streamline how transgender people change their legal sex, in order to address concerns about abusive males taking advantage of the new system.
The moves come days before a parliamentary vote on the bill, and as a UN expert on gender identity warned that attempts to postpone or weaken it could be based on “unfounded negative stereotypes about trans women as violent or predatory”.
Victor Madrigal-Borloz, the independent expert on protection against violence and discrimination based on sexual orientation and gender identity, wrote in a letter sent to the UK government that UN bodies had consistently found “legal recognition of gender identity through self-identification is the most efficient and appropriate way to ensure the enjoyment of human rights”.
He is the second senior UN official to intervene in the Holyrood bill, after the special rapporteur on violence against women and girls, Reem Alsalem, raised concerns that the changes would “open the door for violent males” to abuse the process.
Gillian Martin, a Scottish National party MSP who has previously expressed doubts about gender recognition changes, is collaborating with Jamie Greene, the co-chair of Holyrood’s LGBTQ+ group and the only Scottish Conservative to have voted for the general principles of the bill at its first reading.
They are tabling an amendment they hope will “go a long way in addressing the concerns of colleagues across the chamber as well as the UN rapporteur”.
Martin and Greene’s amendment means anyone who has been convicted of a sexual offence and then applies for a gender recognition certificate (GRC) must first undergo a risk assessment. This would allow the police to apply for a sexual harm order if that risk is found to be high, resulting in the certificate being refused.
The Scottish government has already agreed to amend the notification scheme for sex offenders so that they must tell the authorities if they apply for a GRC.
Martin said: “I am very supportive of trans people having a more dignified and less invasive route to obtaining a GRC but I still had concerns about any potential abuse of the system. Just because something is unlikely doesn’t mean that legislation shouldn’t mitigate that risk.
“I’m also concerned that transgender people are being conflated with sex offenders in public discourse, which is another reason I wanted to close any loophole and protect them too.”
Having secured the support of the Scottish Greens and the Scottish government, the proposal is highly likely to pass, but Martin stresses that she is still talking to other members including Scottish Labour, because wide consensus is as important as numbers given the controversy surrounding the bill.
Greene said: “The bill has been on a journey, and part of that means people have to compromise”.
He added that MSPs had worked together “across party borders” in order to find common ground “and convince the government that concerns exist and can be dealt with respectfully and sensibly”.
There are other cross-party efforts ongoing, with Michelle Thomson, one of the SNP backbenchers who rebelled at the first vote, working with the Scottish Tories’ community safety spokesperson, Russell Findlay, on an amendment to prevent anyone accused of a sexual offence changing legal sex until the end of their legal proceedings.
Final amendments to the bill will be considered by MSPs next week, before a final debate and vote on Wednesday.
Women’s groups opposed to the changes are planning a demonstration outside the Holyrood parliament on the same day.
