Scottish Labour support for the Government’s gender recognition bill is “very fragile” after robust discussions on the plans.
Some party MSPs may reject the proposals in the final vote this month and deputy leader Jackie Baillie has been drafted in to help allay concerns.
The Gender Recognition Reform Bill aims to speed up the time it takes for a trans person to obtain a gender recognition certificate (GRC) and lowers the age for obtaining one from 18 to 16.
Ministers also want to drop the requirement for a medical diagnosis of gender dysphoria and the need for a doctor’s report. Opponents such as author J.K Rowling believe the plans could threaten women’s sex-based rights and be exploited by violent men.
The draft bill was backed at its first stage by MSPs in October, despite an unprecedented rebellion by nine SNP MSPs. No Labour member voted against or abstained and their support helped the Bill easily clear its first parliamentary hurdle.
However, some Labour MSPs have raised serious concerns about safeguarding and the impact of the Bill on single sex spaces.
Education spokesperson Michael Marra is said to be a prominent critic, with fellow MSPs Pauline McNeill, Claire Baker, Foysol Choudhury and finance spokesperson Daniel Johnson also raising questions.
Criticism of the plans by UN Special Rapporteur Reem Alsalem has fuelled internal Labour concerns.
Social justice spokeswoman Pam Duncan-Glancy, who is the policy lead on GRR, is a strong supporter of the plans, as are MSPs such as Mercedes Villalba, Monica Lennon, Richard Leonard and Paul Sweeney. The divide also cuts across the Left/moderate split within the group, as some left-wingers have concerns.
The Bill will have its final Holyrood vote this month and it is understood no position has been agreed. One Labour source said October’s vote was straightforward as it was on the general principles, but cautioned that the final vote would be different:
“There are senior MSPs who are very unhappy with the Bill and their support cannot be taken for granted. The situation is very fragile and hard to predict.”
A second insider blamed the Government for not doing more to amend the Bill: “The Scottish Government has proposed a piece of legislation that has admirable aims, but falls short on execution. Their unwillingness to listen is putting this legislation at risk.”
One option would be for Labour to whip its members again on the final vote, but this could lead to sackings from leader Anas Sarwar’s top team if some MSPs defied the instruction.
A free vote is another option, but fears exist this could reveal the group is split. A third option would be to oppose the legislation on the grounds the Government has not listened to concerns, but this is deemed unlikely. A source said it is still Labour’s “intention” to support the Bill.
Baillie, believed to be broadly in support of the Bill, is playing a troubleshooting role in listening to the concerns of colleagues in an attempt to reach a unified position. The SNP/Green Government Bill could pass this month without Labour support, as Lib Dem MSPs are in favour, but a changed Labour position would make the arithmetic tighter.
An SNP source said they expected more than 9 MSPs to rebel on December 21st.
A Scottish Labour spokesperson said: “Scottish Labour will work constructively to try and address concerns about this Bill as it moves through Parliament.
“It is important that everyone has confidence in this legislation, but the Scottish Government have failed to build a consensus or provide the reassurance people need.
“Labour are committed to bringing people together, and we will pursue amendments to make sure everyone’s rights are protected.”
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