Gender Recognition Reform (Scotland) Bill Consultation

The Scottish Government is consulting on its proposed Bill for Gender Recognition Reform.

It is:

to reform the process by which trans people gain legal recognition of their lived gender through a Gender Recognition Certificate – a right they have had for 15 years. Scot Gov

You can read the consultation paper by clicking on this link: Gender Recognition Reform (Scotland) Bill: consultation

The draft Bill reforms the process by which trans people gain legal recognition of their lived gender through a gender recognition certificate.

You can give your views by clicking on this link: Online consultation

What does the Bill propose ?

• removing the current requirement for applicants to provide medical evidence of their diagnosis of gender dysphoria
• retaining the requirement that applicants must make a solemn statutory declaration they have been living in their acquired gender and intend to do so permanently
• requiring applicants to state that they have been living in their acquired gender for a minimum of three months (this is a reduction from the current 24 months)
• introducing a three month period of reflection between applying for a Gender Recognition Certificate and confirming the application
• retaining the current law that a false statutory declaration is a criminal offence – with a potential punishment of up to two year’s imprisonment

Shirley-Anne SomervilleShirley-Anne Somerville, Cabinet Secretary for Equalities in the Scottish Government said:

“Reforming the Gender Recognition Act will bring Scotland in line with international best practice and remove the stress that the current system causes.

“I understand that people have valid concerns, particularly around single sex services. Through ensuring there is a full consultation on the proposals in the draft bill, we can make sure these are fully addressed and people are aware of, and understand, our proposals.

“The actions I have outlined today will ensure we can protect and promote the rights of women and of trans people.”

Click on this link for a fact sheet: Proposals to reform the Gender Recognition Act 2004

Gender Recognition Bill

The draft Bill reforms the 2004 Act and the system through which trans people access legal recognition. It does not propose any changes to public policy. The Scottish Government recognise that some organisations have changed policies which are not required in law. We also recognise that they have done so in a well-intentioned attempt to be trans inclusive. However, they may have unintentionally made changes that make women feel uncomfortable and less safe. The Government believes all organisations need to take account of everybody’s rights when any changes in policy are being considered, to ensure all rights, particularly those of women and trans people, are protected.  This includes the protection of women’s safe spaces. 

Gender Recognition Bill 2

The consultation closes on 17th March 2020.

If you are unable to respond online complete the Respondent Information Form and Consultation Questions and send them to:
Gender Recognition Reform
Room GW-15
St. Andrew’s House
Regent Road

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