MSPs resume consideration of amendments to gender reform legislation

The Scottish Parliament sat until 12.15am on Wednesday on the first day of debate.

Protesters from both sides of the debate have rallied outside Holyrood (Jane Barlow/PA) (PA Wire)

Consideration of amendments to controversial gender reforms has resumed at the Scottish Parliament.

MSPs were in the chamber until 12.15am on Wednesday considering changes to the Gender Recognition Reform (Scotland) Bill before the decision was taken to resume in the afternoon.

More than 60 of the 153 amendments were voted on in the first sitting, with a final vote – and almost certain passage into law – on the Bill slated for later on Wednesday.

But as of 7pm, more than 66 amendments still had to be debated.

The Bill will remove the need for a medical diagnosis of gender dysphoria currently required to receive a gender recognition certificate (GRC).

It would also lower the minimum age for applicants 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 three-month reflection period.

On Tuesday, MSPs backed a change tabled by SNP MSP Gillian Martin to the law which means anyone subject to a sexual harm prevention order or sexual offences prevention order will not be allowed to seek a GRC.

Meanwhile, a push by another SNP MSP to ensure applications are paused if an applicant is charged with a sexual offence until their case is disposed of divided members by 61 votes to 61 – as is customary Deputy Presiding Officer Liam McArthur used his casting vote against the change.

The sitting on Tuesday was marred by protests from the public gallery, with opponents to the Bill shouting “shame on all of you” as another amendment that would make it harder for sex offenders to apply for a GRC was voted down.

Throughout proceedings, the Scottish Tories have made apparent attempts to make consideration take as long as possible with the raising of repeated points of order and pushing every amendment to a vote, even if the proposer chose not to do so.

Party leader Douglas Ross was even told he was close to “contempt of parliament” by the Deputy Presiding Officer after repeatedly pushing for a fuller explanation as to why a late amendment tabled by one of his MSPs would not be taken in the chamber.

The final week of the legislation came against the backdrop of public shows of both support and opposition outside the Scottish Parliament, with a number of rallies held.

The Bill has been one of the most controversial in Holyrood since devolution, with opponents raising concerns over its impact on the safety of women and girls.

I urge all members to vote in favour of these important reforms on what will be an historic day for equality in Scotland

Shona Robison, Scottish Social Justice Secretary

The Scottish Government insists the legislation will not impact the Equality Act, which allows for trans people to be excluded from single-sex spaces such as changing rooms and shelters, something that was affirmed by an earlier amendment from Labour’s Pam Duncan-Glancy.

Despite the controversy, the Bill is likely to pass on Wednesday due to its support within the SNP, Greens, Labour and Liberal Democrat ranks.

But its passage could raise further disciplinary issues within the SNP, with seven MSPs from the ruling party voting against it – including minister Ash Regan, who was forced to quit – and two others abstaining at stage one.

Ms Regan said during the consideration of amendments that she would not be supporting the Bill, while fellow SNP MSP Kenneth Gibson hinted he would again rebel against it. Fergus Ewing and Ms Thomson, meanwhile, spoke in favour of amendments the Scottish Government opposed.

Speaking in favour of her own amendments to the Bill, Ms Regan said the legislation would put the safety of women and girls at risk.

“I would say to my fellow parliamentarians – it boils down to this – do you think women will be more or less safe as a result of this law?” she said.

“And if you have any doubt, any doubt at all that it will make women and girls less safe, then you cannot vote for it.”

After her comments, the presiding officer, Alison Johnstone, was forced to suspend proceedings for around a minute due to shouting of support from the public gallery.

Ms Regan went on to say the Bill would send a message to women and girls “that you don’t matter”.

Speaking ahead of the final consideration of the Bill, Social Justice Secretary Shona Robison urged fellow MSPs to back the legislation.

“Trans rights are not in competition with women’s rights, and as we have seen in the past, rights can be improved for everyone when those discriminated against and who face prejudice work together as allies.

“These reforms are supported by a majority in Parliament and members of all parties. I urge all members to vote in favour of these important reforms on what will be an historic day for equality in Scotland.”