Sex offenders would have a separate process for legally changing their gender under plans lodged by a Tory MSP. Russell Findlay’s amendment to the Gender Recognition Reform Bill would make it harder for criminals, such as fraudsters, to obtain a certificate.
The Bill aims to speed up the time it takes to obtain a gender recognition certificate (GRC) and lowers the age for obtaining one from 18 to 16. Ministers also want to drop the requirement for a medical diagnosis of gender dysphoria and the need for a doctor’s report.
Critics believe the reforms, particularly over the scrapping of the medical diagnosis, could threaten women’s sex-based rights and be exploited by criminals. The Bill sparked a rebellion in SNP ranks during the first parliamentary vote and MSPs are now trying to amend the proposals.
Findlay, a West of Scotland MSP, is trying to change the bill by creating an extra step in the process for people convicted of serious criminal offences. Under his plan, sex offenders, violent offenders, domestic abusers and fraudsters would not have their application granted unless “authentic evidence” of gender dysphoria was provided.
Another amendment would require the chief constable of Police Scotland to be notified when a person who has been convicted of a criminal offence is issued with a certificate.
He has also lodged an amendment which would pause applications if a person has been charged with an offence subject to solemn proceedings, which covers sexual offences cases. Ministers are also trying to change the Bill.
An amendment tabled by Social Justice Secretary Shona Robison would give a sheriff the power to block a gender recognition certificate they believe is being applied for fraudulently. Labour MSP Michael Marra has also tabled an amendment which would require a counter-signatory as part of any application.
SNP sources expect the Bill to pass later this year.
A Scottish Government spokesperson said: “All amendments tabled will now be considered and voted on during Stage 2 of the Bill by the Equalities, Human Rights and Civil Justice Committee.”
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