Sheriffs could be given powers to block GRC applications under amendment

Ministers are seeking to change legislation reforming gender recognition to allow sheriffs to block applications for some gender recognition certificates (GRCs).

The Gender Recognition Reform (Scotland) Bill is currently at stage two in Holyrood after its general principles were backed by MSPs – though seven SNP MSPs voted against it and former community safety minister Ash Regan resigned over it.

The legislation would remove the need for a diagnosis of gender dysphoria to be rendered before an application, as well as reducing the length of time the applicant must live in their acquired gender from two years to three months – thought with a further three-month reflection period.

Women’s groups have raised concerns about the impact of the legislation change on women and girls, though proponents of the Bill have said it will have little impact outside the trans community.

In an amendment tabled by Social Justice Secretary Shona Robison, which is likely to pass when a Holyrood committee considers changes to the Bill, a sheriff would be given the power to block a gender recognition certificate they believe is being applied for fraudulently.

According to the amendment, the sheriff will be able to make a judgment against the applicant if they are satisfied “on the balance of probabilities” of a fraudulent application.

A sheriff would also be given the power to block an application if they believe the applicant is not clear on the impact of a gender recognition certificate.

Scottish Labour MSP Foysol Choudhury has tabled a change that would make clear the Bill would not impact any of the protections afforded to protected groups in the Equality Act 2010 – a major concern for those in opposition to the legislation.

Similarly, SNP MSP Fulton MacGregor has proposed an amendment which would state explicitly that the Bill would have no impact on where transgender prisoners are housed.

Scottish Prison Service officials told the Equalities, Human Rights and Social Justice Committee earlier this year that the housing of a trans prisoner is subject to a risk assessment, with the needs of the inmate and the wider prison population considered.

Fellow SNP MSP Christine Grahame has also tabled an amendment, which aims to ensure applicants aged 16 and 17 have to seek greater guidance before being granted a GRC.

Labour MSP Michael Marra is seeking to bring in a countersigning system which would require someone from a “recognised profession” who has known the applicant for two years to sign off on the statutory declaration needed by the process.