Glasgow MSPs and GRA

I received a quick response to my letter on the Gender Recognition Act from the office of Kaukab Stewart MSP.

I am in the process of drafting a reply because while I am encouraged by Kaukab's remarks about protecting women's rights she has sidestepped my points on:

a) requiring a prior diagnosis of gender dysphoria 

b) allow children to make irreversible decisions about their developing bodies without professional medical oversight and parental consent

So a speedy and helpful response, albeit one which needs some further clarification from my point of view. 

Good afternoon Mr Irvine, 

I am writing to you on behalf of Kaukab Stewart MSP.

Firstly, I would like to thank you for taking the time to contact our office. 

Ms Stewart is very pleased that The Scottish Government is committed to making necessary changes to the Gender Recognition Act at the earliest opportunity, while ensuring these changes do not affect the rights or protections that women currently have under the Equality Act. The Scottish Government also remain committed to improving the lives of trans and non-binary people more generally, as Trans people continue to suffer poorer outcomes across a range of issues relative to the wider population, and this needs to change.
 
The Scottish Government strongly supports the single sex exceptions in the 2010 Equality Act which allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim. This means that single sex services, like domestic abuse refuges or rape counselling, are protected, as are single sex employment rights in relation to such services and the delivery of health care services, such as intimate examinations.

The draft Bill on which we have consulted did not make any changes to the Equality Act 2010. Under the proposals, as you have highlighted, people applying for legal gender recognition would:

• have to live in their acquired gender for 6 months (not 2 years);
• continue to make legal statutory declarations they will live in the acquired gender for life;
• apply to the Registrar General, rather than the UK Gender Recognition Panel, a UK Tribunal; and
• continue to be subject to criminal proceedings for lying or making false declarations or applications.

The Government also consulted on whether the minimum age for applying for legal gender recognition should be reduced from 18 to 16. These proposals are in line with the approach taken by various other countries, including the Republic of Ireland, Norway, Malta, Denmark and Belgium, and, at present, the Scottish Government is considering all responses very carefully.

We look forward to the independent analysis report, which will be published in due course, and hope that we can continue to work to build a fairer, more inclusive society. 

Kind regards, 

Ailish McCafferty

Assistant Caseworker
Office of Kaukab Stewart MSP

Dear Kaukab Stewart

Consultation on Potential Changes to the Gender Recognition Act

I am a resident of Glasgow and I am contacting my local constituency MSP and regional MSPs regarding potential changes to the Gender Recognition Act.

I am very concerned at the Scottish Government's plans to amend the Gender Recognition Act which reportedly includes the following suggestions:

• Reducing the requirement for those wishing to be recognised as a different gender to have lived in their acquired gender from 2 years to 3 months prior to submitting an application, and for a 3-month reflection period after application.
• Changing the age at which an application for legal gender recognition can be made from 18 to 16 without parental consent.
• Removing the need for a gender dysphoria diagnosis.

In my view, these proposals are highly dangerous and mean that vulnerable children will inevitably will be encouraged down a path which leads to lifelong medical interventions, sterilisation and, for many, regret.

The proposals will also result in intact biological males, who have not been assessed by medical experts, being able to access women’s single sex spaces which is especially worrying in situations where vulnerable women cannot just choose to leave, e.g. prisons, psychiatric wards and hospitals. 

As such these proposals are an attempt to subvert biology and the sex-based rights of women and girls.

Safeguarding is not about pointing the finger at particular groups, but about preventing harm before it can take place and, in my view, these suggestions disregard safeguarding principles and put women and especially children at risk.

For example, it seems absurd to me that it is unlawful for under 18-year-olds to consume alcohol, yet Scottish Ministers are considering that children should be able to decide upon irreversible changes to their still developing bodies (emotionally and physically) without parental guidance or proper medical oversight. 

As one of your constituents, I am asking you to vote against any Gender Recognition Reform that removes a gender dysphoria diagnosis by medical professionals, and that allows children to make potentially irreversible changes to their bodies without the due time, exploration of all potential issues and parental guidance, that would allow them to fully understand the long-term implications.

In doing so, you will provide reassurance to the women and girls who rely on single-sex spaces and protections, and parents of children who are questioning their identity.

I look forward to your reply

Kind regards

Mark Irvine

Glasgow MSPs - Dr Sandesh Gulhane (November 23, 2021)

I received a same day response from Dr Sandesh Gulhane, one of the Glasgow MSPs I wrote to regarding possible changes to the Gender Recognition Act.

So 10 out of 10 for the speed of the reply, but his stance on the issue seems sensible and I am encouraged by what Sandesh has to say about protecting women's rights.

Because there is a conflict of rights to resolve here on the basis that trans rights do not automatically trump the rights of women and girls to single sex spaces as per the Equality Act 2010. 

Dear Mr Irvine

Glasgow MSPs and GRA

Thank you for contacting me about the proposed reforms to the Gender Recognition Act.

A recent consultation on this legislation showed that four in ten organisations did not support the proposed reforms, which include reducing the time it takes for people to legally change their gender from two years to three months, and allowing people aged 16 and above to apply to change their gender.

These consultation responses confirm what we already knew – this is a sensitive topic and opinions are firmly split. We must protect women’s rights and take concerns that those rights are being eroded very seriously. For now, we await the details of this legislation and stand ready to scrutinise each aspect of it.

The Scottish Conservatives will not stand by and allow this SNP-Green Government to push this legislation through Parliament without all parties’ concerns receiving due consideration. There must be a full and informed debate on this issue and that this can only truly be done once we see what legislation is being brought forward.

Thank you once again for taking the time to contact me on this issue.

Kind regards,



Dr Sandesh Gulhane 

MSP
Glasgow Region

Dear Sandesh Gulhane 

Consultation on Potential Changes to the Gender Recognition Act

I am a resident of Glasgow and I am contacting my local constituency MSP and regional MSPs regarding potential changes to the Gender Recognition Act.

I am very concerned at the Scottish Government's plans to amend the Gender Recognition Act which reportedly includes the following suggestions:

• Reducing the requirement for those wishing to be recognised as a different gender to have lived in their acquired gender from 2 years to 3 months prior to submitting an application, and for a 3-month reflection period after application.
• Changing the age at which an application for legal gender recognition can be made from 18 to 16 without parental consent.
• Removing the need for a gender dysphoria diagnosis.

In my view, these proposals are highly dangerous and mean that vulnerable children will inevitably will be encouraged down a path which leads to lifelong medical interventions, sterilisation and, for many, regret.

The proposals will also result in intact biological males, who have not been assessed by medical experts, being able to access women’s single sex spaces which is especially worrying in situations where vulnerable women cannot just choose to leave, e.g. prisons, psychiatric wards and hospitals. 

As such these proposals are an attempt to subvert biology and the sex-based rights of women and girls.

Safeguarding is not about pointing the finger at particular groups, but about preventing harm before it can take place and, in my view, these suggestions disregard safeguarding principles and put women and especially children at risk.

For example, it seems absurd to me that it is unlawful for under 18-year-olds to consume alcohol, yet Scottish Ministers are considering that children should be able to decide upon irreversible changes to their still developing bodies (emotionally and physically) without parental guidance or proper medical oversight. 

As one of your constituents, I am asking you to vote against any Gender Recognition Reform that removes a gender dysphoria diagnosis by medical professionals, and that allows children to make potentially irreversible changes to their bodies without the due time, exploration of all potential issues and parental guidance, that would allow them to fully understand the long-term implications.

In doing so, you will provide reassurance to the women and girls who rely on single-sex spaces and protections, and parents of children who are questioning their identity.

I look forward to your reply

Kind regards

Mark Irvine