Highland MSPs remain divided as the Gender Recognition Reform (GRR) Bill passes into law
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Highland MSPs are divided as the Scottish Parliament passes the Gender Recognition Reform (GRR) Bill into law.
The Bill provoked one of the most bitter public and political debates since devolution and easily one of the most controversial.
It appears the majority of Highland MSPs voted against the legislation including the SNP rebel Fergus Ewing, who earlier told the Courier he would be doing so.
He was joined by Conservatives Douglas Ross, Donald Cameron Edward Mountain, and Jamie Halcro Johnston.
Those backing the Bill were the SNP’s Emma Roddick and Maree Todd, the Greens Ariane Burgess and Labour’s Rhoda Grant, who still holds significant concerns about the new law.
MSP Kate Forbes is on maternity leave and could not vote as proxy ballots will only be introduced in the New Year.
What has changed?
The Scottish government wanted to make it easier for trans people to get a Gender Recognition Certificate (GRC).
The new law lowers the minimum age that people can apply for a GRC from 18 to 16 years old and they no longer need a medical diagnosis of gender dysphoria.
But they will have to live in their gender for three months unless they are under 18 in which case it is six months – compared to the two years it was before.
What is the problem?
Few Bills triggered such enmity as the GRR has. Trans rights supporters welcome what they see as definitive improvements to the lives of a marginalised minority.
But many, particularly women, remain furiously against the law, including JK Rowling.
The main reservations are not about trans people but predatory males purporting to be female to access female-only areas – toilets and prisons for example – to stage an attack.
In November it was reported nationally that a "trans woman" had engaged in "penetrative sexual activity" with a vulnerable 14 year old who became pregnant.
Bitter debate
More than 150 amendments were proposed as MSPs sought to shore-up and introduce what they saw as a need for greater protections for women and trans people within the legislation.
One move to debar or delay people charged with sex offences from seeking a gender recognition certificate was defeated by 62 votes to 61, which shocked the Dean of the Faculty of Advocates, Roddy Dunlop.
He wrote on Twitter: “At some point, there will be a reckoning. And the 62 will have to explain what in the name of all that is holy meant that they needed to give a near instant right to someone *standing trial for rape* to require universal legal recognition that they are a woman.”
Yesterday’s session in Holyrood saw Cabinet Secretary for Social Justice Shona Robison’s final statement interrupted from the public gallery with what appeared to be shouts of: “Nobody is taking any notice of the women.”
When the result of the vote was announced there was loud applause including from mostly SNP, Labour, Greens and Lib Dem MSPs and the public, but when that quietened some women shouted: “Shame on you, shame on you.”
SNP Rebels
Fergus Ewing kept to his word after telling the Inverness Courier that “irrespective of what action will be taken against me by my group” he would not vote for GRR.
“I am voting against the legislation because I am profoundly concerned that it does two things, both of which are wrong in principle,” he said.
Highland Conservatives oppose the move
Scottish Conservative leader Douglas Ross referred to Mr Dunlop when making his own arguments against the GRR Bill, adding that it reduces women’s rights and potentially risks women’s safety.
“Polling shows that a majority of Scots are firmly against key parts of this bill,” he said. “While there may be a majority in this Chamber who support this legislation, a majority of the public oppose this bill.
“Stopping an accused sex offender from changing gender is common sense.”
He added: “Why do the First Minister and her allies in this chamber believe they know better than the public?”
Nicola Sturgeon 'has got her way, but at what cost?'
MSP Jamie Halcro Johnston, who voted against the Bill, said: “The SNP/Green nationalist government has chosen to push through their Gender Recognition Reform Bill, refusing to listen seriously to opposing voices and waiving away the genuine concerns raised by women.
“They have failed to protect women-only spaces, chosen to vote down sensible amendments – such as one from the Scottish Conservatives which would have banned convicted sex offenders from obtaining a gender recognition certificate – and been entirely unable to answer even the most basic questions over its implementation.
“I have voted against a bill which the Scottish public oppose in its current state but which Nicola Sturgeon and her SNP and Green loyalists have forced through.
“She has got her way, but at what cost?”
Positive change
Highland MSP Emma Roddick, long a supporter of trans rights, said: "Today, we made history by passing the Gender Recognition Reform Bill. I am so pleased to see this Bill finally passed.
"This is a small change for a small number of people, but it is a big step in the right direction. I hope that we can now move on to discuss ending conversion therapy, increasing access to trans healthcare for people in rural and island communities, and recognising non-binary identities.
"Thank you to Rachel and others in Highland Pride LGBT+ community and LGBT Youth Scotland who have talked to me during the Bill's progress through parliament about what it means to them."
Another north MSP in favour of the changes was Caithness, Sutherland and Ross MSP Maree Todd: “I’m pleased to see the GRR pass at Stage 3 today, after extensive consultation. I firmly support this Bill which I believe will bring positive change to the lives of trans people, who are amongst the most stigmatised and marginalised in society.
“The current system for obtaining a Gender Recognition Certificate (GRC) is bureaucratic, intrusive, and often a barrier to a trans person accessing their rights. By de-medicalising the process of obtaining a GRC, we are simply improving the process for trans people to gain legal recognition – which has been a right for 18 years.”
She was joined by the Green Ariane Burgess who said: “I and all my Green colleagues in the Scottish Parliament wholeheartedly support the rights of trans people, including that of self-identification and we will all be voting in favour of the Bill at Stage 3.
“Following an afternoon and evening of intensive debate in the chamber yesterday, I welcome the progress made. By backing this small but important change to the administrative process surrounding Gender Recognition Certificates we can ensure human rights remain at the forefront of our vision of a safe, welcoming and inclusive Scotland.”
Ambivalence
Finally Labour’s MSP Rhoda Grant said: “The Scottish Government’s Gender Recognition Act is a lesson on how not to govern. What should have been a simple amendment to law to de-medicalise a process turned into one of the most divisive pieces of legislation. This was legislation that on the face of it I supported wholeheartedly when it was proposed.
“When the Bill came forward I realised it was flawed and I pay tribute to colleagues who worked to improve it. This was met with intransigence and an unwillingness to engage by the Scottish Government to the point that I was minded to vote against the legislation.
“The crux of my concerns was the potential abuse of this legislation by abusive men. I have long campaigned against men’s violence. During this time I have never advocated that women should restrict their lives as a response to men’s violence. It is the abusive actions of a minority of men that needs to be addressed.
“How then could I suggest a different approach for transgender people who simply want to live their lives? They should not have to suffer because abusive men might seek to use this law as a mechanism to perpetrate abuse.
“The Scottish Government could have dealt with these real concerns but their refusal to legislate on hate crimes against women and their delay in bringing forward legislation on misogyny has left a gap in protections with regard to violence against women, a gap that must be closed urgently.”
Trans rights are human rights
Highland Pride wrote on its Facebook page its support for the measures, saying: "We’re delighted that the Gender Recognition Reform Bill was passed by the Scottish Parliament this afternoon.
"This is a historic day for trans and all human rights in Scotland."
Battle not necessarily over
The UK government may seek to block the Bill.
It could prevent the legislation becoming law by blocking Royal Assent.
It has also not ruled out mounting a legal challenge.
Scottish Secretary Alister Jack said: "We will look closely at that, and also the ramifications for the 2010 Equality Act and other UK-wide legislation, in the coming weeks - up to and including a Section 35 order stopping the Bill going for Royal Assent if necessary."
The UK government can apply to have Scottish laws struck down by arguing they would conflict with UK-wide equalities legislation.
This power has not been used before.
