Gender Recognition Reform (Scotland) Bill #GRRScotland
Stage 3 Debate on Amendments and Final Vote
Group 7: Statutory declarations: formalities and supporting evidence
Paul O'Kane (Lab) speaking on Group 7 and Am. 100.
"shared objective of seeking greater clarity on the process of obtaining a GRC... of satutory declaration."
The process of SD is not widely known #GRRScotland
Declarative forms expected to differ across the country.
PO seeks to standardise forms via Secretary General for consistency, otherwise will be different forms across Scotland.
Further evidence of a badly thought out & rushed bill... Why was this not considered? #GRRScotland
PO also sought definition of what "living as acquired gender" would mean. Having your name on various documents is proof of this, apparently 🤨 #GRRScotland
Graham Simpson (Con):
"trying to tease out what exactly is meant by living in the acquired gender because it troubles me that if this bill goes through, someone can just say they've changed gender without needing to prove that anything in their life has changed." #GRRScotland
GS: "I explained at Stage 2 that I could find no explanation for what living in the acquired gender means. I still don't know. But it surely has to mean something? If I'm to say that I'm a woman then common sense dictates that something might've changed in my life." #GRRScotland
GS really trying to push the point: "So I've tried at Stage 2, that the Gov should set out in legislation what changes would be considered evidence that a new gender had been acquired, but the Cab.Sec was having none of it."
Goes on to quote SR... #GRRScotland
Showing the absurdities of the bill...
"To say that someone is living in the acquired gender means that they are living their daily life in a gender that is different from that which was recorded at birth." 🤪 #GRRScotland
"...that is the gender they are living in when they make the application. Applicants will have to make a SD that they have lived in their acquired gender for 3m before applying & that they intend to do so for the rest of their lives."
GS says hes still no clearer😂 #GRRScotland
"She continued, as I indicated earlier the requirement is not about looking or dressing in a certain way, but about the way a person might demonstrate their lived gender to others."
GS looks perplexed. Pointing out the gaping holes & ridiculousness of the bill🤡 #GRRScotland
GS: "How might you do that then?"
SR interjects to say the guidance is the same as existing GRA 2004.
GS agrees & goes on to quote her further: "the bill does not change the position in the 2004 act in which examples of evidence incl. updating official documents." #GRRScotland
GS says asked her to expand: "Guidance to 2004 act uses examples that incl. consistently using titles/pronouns, updating official gender markers, utility bills, describing themselves & being described by others, & using a name [all] associated with acquired gender" #GRRScotland
This is ridiculous. GS knows it & he doesn't have to do much more than read Robison's words back to the chamber 😂
McNeill: Points out that 2004 requires this as evidence, but the 2022 bill DOES NOT require the documentation, so the guidance is pointless #GRRScotland
GS points out that Am. 3 "Evidence of Living in the Acquired Gender" is a carbon copy of what Robison read out at Stage 2, with the opportunity to change these requirements through regulations.
GS tabling various amendments that require evidence of "acquired gender" #GRRScotland
GS is enjoying playing the game and I'm enjoying witnessing his enjoyment 😂
He is very clearly highlighting the ridiculousness of this bill, its definitions etc.
"Helpful steer at Stage 2 by the Cabinet Secretary herself." #GRRScotland
Michael Marra (Lab) raises issue of protections again:
"There is almost nothing in this bill that provides safeguarding against bad faith actors. The statutory declaration, ill defined in my view and transactional, is insufficient in this regard." #GRRScotland
MM: "Last night [Alsalem] gave compelling testimony saying that 'violent males who can take advantage of any loopholes will do so in order to get into women's spaces and have access to women'. Those words should weight heavily on all of us." 🔥 #GRRScotland
McNeill presses the point she made earlier - guidance is redundant if no evidence is required to obtain a GRC. So how can they know if a person is "living in the acquired gender".
SR: outlined that it's about guidance, not legislation. #GRRScotland
I'm struggling guys. I'm 6 hours in now.
They're talking about technical stuff related to who a "person of good-standing" is for purposes of counter-signing an application. It's bland and not worth tweeting 😂
Group 8 (of 16) now... 🤪
So far, the bill is shaping up to be the ridiculous anti-safeguarding, women hating nonsense that we thought it would be.
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