Tory urges MSPs to ‘vote with their conscience’ on gender Bill

MSPs who have concerns about the controversial gender Bill before the Scottish Parliament should “vote with their conscience”, a Scottish Tory has said.

The final vote on the Gender Recognition Reform (Scotland) Bill will take place on Wednesday after what is expected to be a marathon session to consider almost 150 amendments on Tuesday.

The Bill will make it easier for trans people to acquire a gender recognition certificate (GRC) by removing the requirement for a diagnosis of gender dysphoria.

It will also lower the minimum age for applicants from 18 to 16 and drop the time required for an applicant to live in their acquired gender from two years to three months – six for people aged 16 and 17 – though with a subsequent three-month reflection period.

Opponents of the Bill – including UN special rapporteur on violence against women and girls Reem Alsalem – have called into question its impact on women and girls, particularly around the integrity of single-sex spaces and the potential for predators to exploit the law to prey on vulnerable women.

The Bill also received support from UN independent expert on protection against violence and discrimination based on sexual orientation and gender identity Victor-Madrigal-Borloz, who said in a letter to the UK Government he had not seen evidence of predatory men changing their gender to attack women.

The Scottish Government has insisted the Bill will have no impact on the provisions of the Equality Act – which allows for trans people to be excluded from single-sex spaces – such as shelters or changing room – in some circumstances.

A court ruling last week by the Court of Session found the definition of sex as it relates to the Gender Representation on Public Boards (Scotland) Act 2018 is not limited to biological or birth sex, but includes those in possession of a GRC obtained in accordance with the 2004 Act stating their acquired gender, and thus their sex, according to Lady Haldane.

On Sunday, Tory MSP Rachael Hamilton urged MSPs who had concerns to vote against the Bill.

“Now that we have a clearer picture of the implications of these misguided reforms, there is no longer any excuse for MSPs who hold private concerns over the legislation to stay silent,” she said.

“With women’s rights and safety at stake, this is no time to play politics or prioritise personal advancement. I urge my fellow MSPs who have concerns over these proposals – even those who are on the fence – to vote with their conscience and oppose this rushed and shoddy legislation this week.

“Before we sleepwalk toward passing a law that may harm women, girls and vulnerable young people, it’s now time for MSPs to stand up and be counted.

“Women, girls and the vast majority of the Scottish public who oppose this law will thank them for it.”

The Bill at stage one prompted the biggest rebellion within the SNP since the party came to power in 2007, with former minister Ash Regan resigning from government and seven of their MSPs voting against the legislation while two others abstained.

A Scottish Government spokesperson said: “We welcome the letter by Victor Madrigal-Borloz, the UN independent expert on sexual orientation and gender identity, which clearly states that the Gender Recognition Reform Bill is in line with international obligations and standards.

“It also states the clear view of the UN that legal gender recognition should be offered on the basis of self-declaration. This is a helpful intervention that can deal with some of the misinformation about what this bill does, and importantly what it doesn’t do.”