THE Gender Recognition Act (GRA) bill is set to be laid in Holyrood next week for the second time.
The Sunday National has pulled out the important parts from the latest Scottish Government consultation on the proposals ahead of Social Justice Secretary, Shona Robison, introducing the bill with a statement to Parliament on Thursday.
WHAT IS THE PURPOSE OF THE GRA BILL?
THE proposal’s will amend the way in which a trans person can obtain a Gender Recognition Certificate (GRC). Many applicants to the current system are faced with lengthy waiting times and have described the process as “demeaning, stressful and expensive”. The proposals are similar to other countries including the Republic of Ireland and Belgium. According to Stonewall, fewer than one in 10 trans people in the UK have legal recognition of their gender, which means they cannot change their sex on their birth certificate or legal records. This can cause issues during life events such as getting married, paying taxes and getting access to pensions.
WHAT IS THE CURRENT PROCESS TO OBTAIN A GRC?
A TRANS person who wishes to legally have their gender identity recognised in Scotland must fit into a specific criteria under the Gender Recognition Act (2004). This includes a diagnosis of gender dysphoria, having lived in their “acquired gender” for two years before they apply, and intend to live in their gender for the rest of their life. Applicants must also provide two medical reports to the Gender Recognition Panel who will review the evidence and then approve or deny an application – often without meeting the person applying. Applicants must be aged 18 and over, and in some cases if the applicant is married, they will need the consent of their spouse. The process can take up to five years.
WHAT CHANGES WILL THE PROPOSED BILL MAKE?
THE GRA Bill would remove the medical requirement and panel process and allow trans people to self-identify. They would also only be required to live in their “acquired gender” for a minimum of three months before submitting an application for a GRC. Countries such as Poland, Norway and Ireland have introduced laws in recent years which allow trans people to get legal recognition of their gender through self-identification only. In Scotland, applicants would still be required to submit a statutory declaration made in front of a notary public or justice of the peace, and it would be a criminal offence to make a false declaration or application for a GRC. The responsibility for awarding a GRC would be with the Registrar General instead of the panel.
WHAT DID THE LATEST PUBLIC CONSULTATION SAY?
A TOTAL of 17,058 responses were received, with 55% of respondents based in Scotland, 32% based in the rest of the UK and 14% in the rest of the world. The consultation split responses between those supportive of a “statutory declaration-based system” – self ID – and those who are broadly opposed. Those in support were mostly from LGBT and trans groups, Unions and political parties, local authorities, health and social care, the NHS and the third sector. Those opposed were mostly from women’s groups and religious or belief bodies.
The supportive group were generally in favour of the proposed changes, but with many calling for them to go further.
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