Opposition and rebel SNP MSPs push for gender reform law amendments

Opposition and rebel SNP MSPs are pushing for amendments to the Scottish Government’s gender recognition reform law ahead of a vote next week.

The Conservatives’ Russell Findlay and the SNP’s Michelle Thomson have submitted a joint amendment to the Gender Recognition Reform (GRR) Bill.

It would prevent those charged with sexual offences from changing their gender ahead of any trial.

Separately, Scottish Labour have said they will put forward their own proposals for amendments to the Bill.

Holyrood will hold its stage three debate and vote on the controversial legislation on Wednesday December 21.

The stage one vote led to seven SNP MSPs defying the whip to vote against it and minister Ash Regan quitting the Government in protest.

However, the Bill passed at that stage with the support of the Greens and some opposition MSPs.

Supporters say the Bill will have little impact outside the trans community.

Agreements have already been made to amend a number of provisions in the Bill as it passed through committees at stage two in the parliamentary process.

One changed the period that 16-year-olds and 17-year-olds would have to live in their “acquired gender” before applying for a gender recognition certificate, increasing it from from three months to six months.

A minister also confirmed that a new statutory aggravation to the offence of making a fraudulent application for a gender recognition certificate will be created.

Discussing the joint amendment, Ms Thomson told The Times: “The proposed legislation allows a sexual predator or rapist who has been charged, but not yet convicted of a sexual offence, to be able to apply for a gender recognition certificate.”

She continued: “If certification is granted, this could require their victim during any subsequent court case, to refer to their attacker as ‘she’.

“Were it me, and as someone who has spoken openly of being raped at age 14, I would consider this deeply offensive and re-traumatising.”

Mr Findlay said: “I welcome the opportunity to work constructively with Michelle Thomson who shares my concerns about the threat of sex criminals exploiting the Bill as it’s currently drafted.

“Our joint amendment will seek to ban alleged rapists and other sex criminals who are awaiting trial from seeking a GRC until their case has concluded.

“Our proposal would not limit trans rights in any way, but would solely act as an important block on those who would seek to exploit this legislation.”

Scottish Labour said their amendments would clarify the primacy of the Equality Act, ensure single-sex spaces are protected, and strengthening requirements around guidance.

Labour’s Pam Duncan-Glancy said: “Labour is the party of equality and human rights, and we are determined to deliver a Bill that both trans people and the wider public can have confidence in.

“Throughout this process the SNP have failed to do this and they have failed to build consensus around this Bill.

“This vacuum in political leadership has allowed the debate to be dominated by division and distrust instead of openness and discussion.”

A Scottish Government spokesman said: “There is overwhelming support for the principles of the Bill, with over two-thirds of the Parliament and members of all five parties voting in favour at stage one.

“We will consider any amendments that are tabled ahead of stage three of the Bill.”