Passing a Bill to allow transgender Scots to self-identify will “say who we are as a nation”, the Social Justice Secretary has said.
The controversial legislation was published on Thursday, and would reduce the time a trans person would have to live in their acquired gender from two years to three months, followed by another three-month reflection period.
The Bill will also lower the age trans people will have to be to apply to 16, but the Scottish Government said extra safeguards will be in place for younger applicants.
In a rare statement introducing a piece of legislation in the chamber, Shona Robison called for respectful discourse across the chamber on the issue – which has often led to heated and sometimes abusive debate in recent years.
This is one of the most marginalised sections of our community and this Bill is important for them and it's important about saying who we are as a nation
This call was echoed by MSPs of all parties and Presiding Officer Alison Johnstone.
Speaking in Holyrood, Ms Robison said: “There are around 25,000 people who are part of the trans community in Scotland, only about 600 of them actually have a gender recognition certificate (GRC).
“I see this Bill as the law catching up with how people are already living their lives, because far more of those 25,000 people would want to obtain a gender recognition certificate but the process… puts people off doing that and you can understand why.”
She added: “This is one of the most marginalised sections of our community and this Bill is important for them and it’s important about saying who we are as a nation as well, and I hope we can go forward on that basis.”
The Bill looks set to pass Holyrood, with four of five parties in support – although the threat of an SNP rebellion could see the legislation fall if members are given a free vote.
Tory MSP Meghan Gallacher voiced her party’s opposition to the Bill, saying: “The Scottish Conservatives recognise improvements to the system would be beneficial for trans people.
“We will constructively scrutinise the proposals in the Bill that may help to make the system and the process easier.
“However, the proposals as they stand do not protect women’s rights.
“They do not offer enough protection for women’s safety. The concerns of women are legitimate, they are reasonable, they are honestly and sincerely held.”
The Tory MSP asked if the Social Justice Secretary would “listen again” to women’s groups who have raised concerns.
“We have, and I have, listened to those concerns, we understand those concerns – which is one of the reasons why I’m making this extended statement to parliament today,” Ms Robison said.
“We have to, as legislators, always look at the evidence – the evidence is critical here.
“All of the evidence shows the threat to women and girls’ safety comes from predatory and abusive men, not the trans community.”
Ms Robison also said there was “no evidence” from the 10 countries around the world who have implemented self-ID laws that those concerns have come to pass.
Scottish Labour MSP Pam Duncan-Glancy urged her fellow MSPs to “be bold” and pass the legislation.
“Trans people’s rights are human rights, they must be treated with the same dignity and respect as everyone else,” she said.
“Right now, the process of getting a GRC does not do that, it is lengthy and traumatic – which is why we support reform of the Gender Recognition Act and to de-medicalise the process.”
But Ms Duncan-Glancy said the years that it has taken for the legislation – which was subject to two extensive consultations dating to 2017 – has led to a “vacuum” being formed.
“That has allowed fear and ignorance to prosper,” she said.
