Gender Recognition Reform (Scotland) Bill #GRRScotland
Stage 3 Debate on Amendments and Final Vote
Amendments Group 2: Applicants with criminal charges or convictions
Russell Finlay (C)
"Women's rights campaigners with concerns about the bill are not conflating transpeople with sex criminals. Those who attempt to frame their opposition in this way are irresponsible. To do so, as I suspect they know, is a gross mischaracterisation" #GRRScotland
ACH admits: "GRC is not required to be presented to access single-sex space or any place where vulnerable people need treatment. It's a piece of paper that recognises legally your gender identity. But it is not a valid form of entry or passport to these places." #GRRScotland
Finlay is spot on... "This [GRC] is not just a piece of paper. It fundamentally changes many aspects of society." #GRRScotland
Finlay highlights that the bill does not provide any safeguarding for women and girls or protections from violent criminals. Quotes #ReemAlsalem UN Rapporteur for VAWG & absolutely admonishes Victor Madrigal-Borloz's "evidence".
Restates lack of data is not evidence #GRRScotland
RF introduces amendment 18 - Registered sex-offenders should not be allowed to apply for a GRC.
He asks why were members not concerned with sex-offenders until recently. Calls their changes a "sticking plaster and not enough" #GRRScotland
Amendment 39 - Prevents those charged with sexual offences from applying for GRC. Highlights crime of rape can only be committed by a man.
Asked if female victims would have to call male rapist 'she/her' in court. Answers were "vague and completely unconvincing" #GRRScotland
Am. 52 - revocation of GRC in event of person convicted of rape or sexual assault.
Have already been "deeply worrying cases in Scotland and elsewhere where male sex offenders have identified as women and then gone on to commit sex crimes with their male genitals."
"This is not just an insult to victims, but it makes a mockery of crime stats. Think about it, transwoman with a penis & GRC rapes a woman. Then a law will say that this crime was committed by a woman. Utterly perverse & an affront to every single woman in Scotland." #GRRScotland
Michelle Thompson (SNP):
Reiterates that a woman could end up referring to male perp as 'she'. Do members understand how this could cause an opportunity for perps to "exert power and control over their victims."
"The outcome on the victim could be devastating." #GRRScotland
MT mentions her own PTSD, having withdrawn from earlier debate due to distress.
She highlights "ScotGov has not undertaken or published any qualitative assessment on traumatised women. The committee failed to meet with female survivors creating further distress." #GRRScotland
"A GRC seeking man convicted of sexual assault or rape is seen as a woman for all purposes."
"[ScotGov] are putting the rights of a GRC seeking man charged with sexual assault or rape, above the rights of a woman." 🔥 #GRRScotland
Gillian Martin (SNP) discusses her amendment (40) to use existing police powers to assess risk of those applying for a GRC.
However, looks as though risk assessment and management (MAPPA) would have to be made... and we all know how those go yes?
Weak amendment #GRRScotland
Continuous stress to separate 'transwomen' and 'sex offenders'.
But I would ask, does this mean trans-identified males can never be sex offenders? Self-ID logic implies anyone is whatever gender they say they are.
It's the 'no true Scotsman' argument #GRRScotland
SR makes *incorrect* statement that "there is no evidence of these issues or concerns coming to fruition"
Ash Regan restates #ReemAlsalem comments that evidence is there but is not being collected.
Ongoing Theme of #GRRScotland:
*Absence of evidence is not evidence of absence*
Robison says she met with Alsalem
"There was no such evidence brought forward. We had a discussion around some of the general concerns that were voiced. But that's not the same as hard evidence."
But Cass Review isn't relevant enough to include? Make your mind up #GRRScotland
Sex Offenders under MAPPA will have to inform if they apply for a GRC, just as when they change address etc.
Admits that current GRA does not stop sex-offenders applying for GRC.
Unacceptable. Not good either and shouldn't be justification! #GRRScotland
"Likelihood of bad actors seeking to abuse process is very low based on all the evidence from other countries... therefore propose a proportionate approach... safeguards based on management of risk & individual basis."
*Absence of evidence is not evidence of absence* #GRRScotland
Robison goes on to discuss role of the police in risk management/MAPPA. Police must apply to court for a 'sex-offences prevention order'. Chief constable has to inform Registrar General. Rather than RG checking every applicant's criminal history #GRRScotland
"Risk based approach rather than a blanket ban" for sex-offenders.
My view, is that this is deeply concerning... There are too many points for system failure or human error - terrible for women/girls/victims. Why is the latter framed as more difficult #GRRScotland
Robison & Finlay debating the legality of some of the amendments, set out in SR's letter last night.
Finlay makes the point that these amendments were known well before stage 3 and is asking why so last minute? #GRRScotland
Letter here @holyroodmandy 👇
Robison states Finaly's amendments are "disproportionate" & that a "risk-based approach" is better to deal with "a tiny tiny risk"
I don't agree with that assessment, not to mention the reliance on the POLICE, whom women already distrust & do not feel supported by #GRRScotland
Robison clarifies:
"If someone is on the sex offenders register & the police believe there is a risk of them misusing GRC for nefarious purposes or that they are fraudulently applying for a GRC because they have no intention of living in the acquired gender... /1
... [my] amendment would prevent someone obtaining a GRC. Under the current system there is no such impediment for someone on the sex-offenders registers from obtaining a GRC." /2
Missed opportunity to prevent sex-offenders obtaining GRC. Hugely disappointed in SR! #GRRScotland
🙄Maggie Chapman:
"Dog whistles inherent or implied to be most disturbing. We know that transpeople are more likely to be the victims of abuse than the genpop. We should not be asking transpeople to state that they are not sex offenders when they apply for a GRC." #GRRScotland
Chapman is a dangerous woman.
"It would also seem that some people in this chamber need a better understanding of human rights... Predatory men do not need a GRC to abuse women. They are the issue here, not transwomen. Let us not fall into this trap." #GRRScotland
Jackie Bailey: "I do not believe there is a link between the trans community and sexual offenders"
Then why does data show disproportionate number in women's prisons are there for sexual offences? How do we know who is or isn't "genuine"? We don't! @NoXYinXXprisons#GRRScotland
How can we genuinely trust @scotgov to protect and safeguard women/girls?
There has been a complete disregard and contradiction from them throughout the debate this evening. How can they ignore the glaring issues with sex-offenders! #GRRScotland
@scotgov Finlay states 500+ sex-offenders have been able to change their names since 2019 under MAPPA. Details case of rapist who changed his name & raped other women.
"It's inevitable that bad faith actors will exploit and abuse a new system of self-ID." #GRRScotland bad for women.
@scotgov Fergus Ewing "There are 100s of people involved [in MAPPA] & the probability of error arising where we cannot keep track & cannot trace people, the system simply does not work as it should in theory, means there is additional risk unless we stop SO accessing GRC" 🔥 #GRRScotland
@scotgov Finaly agrees and goes on to stress that police force having to deal with overwhelming workloads, meaning mistakes will and have already been made.
Only 1 in 9 sex-offenders are under MAPPA. #GRRScotland
@scotgov Am. 18 (preventing sex-offenders from obtaining a GRC): *NOT AGREED*
Yes 59
No 64
Abs 2
Shouts of "shame on all of you" from a woman in the gallery. Gallery now being cleared and sitting suspended for a few minutes (sorry guys I am a wee bit behind!) #GRRScotland
@scotgov Onto amendment group 3 (of 16)! New thread below!
Only one amendment in this group #GRRScotland
Duncan-Glancy (Lab): "Disproportionate barriers for transpeople... Recognised concerns exist on impact on women & single-sex spaces... we've listened to concerns & sought the best possible evidence"
Barriers are in place for a reason - safeguarding.
Cole-Hamilton (LD): VAWG huge importance to him.
"Clear that no provision around changes in #GRRBill create new or additional threat to women. Making it easier to obtain a GRC does not change who can or is likely to access Single-Sex Spaces."
🤔Clipped for posterity... we'll see.
CH: "No SS or protected space currently requires the presentation of GRC/BC for entry. Neither are seen as valid ID. Trained staff undertake dynamic risk assessment as to whether it is appropriate to grant admission to that person. That goes for prisons as well." #GRRBILL#KPSS
#GRRBill Stage 3 Debate (Day 2)
Group 19: Data collection
LAST ONE!
Three amendments. Introduced by Pam Gosal
Pam Gosal (Con): "Data collection is key to understanding and analysing the impact of #GRRBill. As was made clear by Reem Alsalem data collection on impact of self-ID model does not go far enough. Amd. 69 calls on data collection of detransitioners."
How many; Sex; Time period.
Describes session with detransitioners - permanent bodily changes. Expresse concerns about lack of data.
Since #GRRBill remove protections for children, "many young people risk making rushed decisions they might later end up regreting and without adequate support"
#GRRBill Stage 3 Debate (Day 2)
Group 18: Reporting
Rachael Hamilton (Con) introduces the group
Will be doing less tweeting on this one - I'm tired! 🥴
Amendments are asking for more data collecting to monitor and report on the impact of #GRRBill
Duncan-Glancy: Would want data on prisons but accepts could identify an individ.
Scrutiny of reasons for denying a GRC.
Greene states has been difficult to get data on reasons for denying GRC.
Robison - gives commitment to collect data where it's outwith their remit. Thinks amd. 124/125 "disproportionate" (report every 6m instead of 1yr). Provisions with Duncan-Glancy's amds. #GRRBill
Pam Gosal (Con) introduces the group
Only 3 amendments in this group. Then two more groups to go
Gosal: amendment 62 - to measure the impact #GRRBill has on 'gender identity services'. Must be independent org that isn't receiving funding by ScotGov to avoid bias
Oh, Gosal is *aware*🔥
Greene (Con) - Amd. 132 3yrs to report on access to mental health support, waiting times and whether nespoke pathway is needed for those applying for GRC. Notes 4 years waiting list for Sandyford.
Hamilton - amd. dropped at Stage2 because HealthSec looking into pathways #GRRBill
#GRRBill Stage 3 Debate (Day 2)
Group 16: Operation and impact of the Act
John Mason (SNP) introduces the group
Starts with his own Amd. 122 - concerning prisons #KPSS
Prisons have featured prominetly, esecially who should be in which prisons.
Cabinet have said they are reviewing prisons guidance. Told that "each case is currently decided on its own merits" #GRRBill#KPSS
Mason: "Someone born as a man, but identifying as a woman, could be placed in women's prison if reckoned not to be a threat to women & also if reckoned to be at risk in the men's prison. Important that risk to the prisoner & other inmates is taken into account." #GRRBill#KPSS
#GRRBill Stage 3 Debate (Day 2)
Group 15: Review of the Act
Jackie Ballie introducing the amendments in this group (there are a lot... again).
Amendments expected to ensure Government can monitor the impact of #GRRBill and reviewed over-time.
Ballie and Duncan-Glancy expect first review within 3 years.
Findlay (Con) - Amendment 83A is about disclosure for offender management purposes.
Mentions new UK statutory instrument - no longer an offence to reveal GRC for purposes of offender management.
Am. 84 - any review to incl. impact of prisons and women's safety in prisons #GRRBill