MSP Fergus Ewing on collision course with SNP over gender reform

SNP MSP Fergus Ewing will not vote for the Scottish Government’s controversial Gender Recognition Reform Bill as a matter of conscience.

Due to go to a final vote at Holyrood, the representative for Inverness and Nairn said he knows his “profound concerns” put him on a collision course with his party.

But he insists he will not be deterred “irrespective of what action will be taken against me by my group”.

The Bill will introduce a system of self-identification for anyone wishing to change gender.

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Currently a person seeking a gender-recognition certificate requires a medical diagnosis of gender dysphoria, but new legislation will entitle anyone to become legally a man or woman simply by declaring that this is who they are.

And while under the current law they are required to live in their new sex for two years, that would be reduced to three months.

The Scottish Government argues the system is too invasive and there is “no evidence” women and girls would be harmed by the change.

Mr Ewing said: “I voted against this Bill because I have profound concerns.

“The current system of legally changing one’s gender has checks and balances – there is a requirement for medical evidence, a diagnosis of gender dysphoria, and a length of two years before someone can obtain approval.

“I am very worried that if these checks and balances were simply removed, as is being proposed, then there are some vulnerable people, especially young people, who have various issues in their lives.

“I think the teenage years can be difficult – physical changes, you are becoming aware of relationships, they can often behave in ways that perhaps their parents feel a bit strange, trying things out and experimenting.

“They perhaps don’t have confidence in themselves in many cases, many are profoundly worried about things like friendship, difficulties in relationships – this is not an easy time in life.

“So I think the existing checks and balances are in place for very, very good reasons and removal may lead to some young people [doing something] they may believe is correct at the time but in years to come may bitterly regret.”

And he added: “It is a sad fact that according to recent press reports there were over 500 sex offenders in Scotland who changed their name in the last three years.

“What is to stop them from changing their gender?

“One social worker who wrote to me said that, in her experience of dealing with sex offenders, they would go to any lengths to perpetrate their nefarious purposes – so wearing a dress for three months, if that is what is required, is not a problem at all.

“They will not hesitate to take advantage of being legally a female to demand access to private female-only spaces.

“I think this is completely wrong and I wouldn’t want my daughter exposed to this – or anyone else’s daughter, wife, sister, aunt, grandmother – and I don’t see why they should be.

“It just seems to me to be adding a degree of risk which cannot be supported under any circumstances.”

Author JK Rowling has been one of the highest profile critics of the proposed changes while those in support include Amnesty International, Rape Crisis Scotland and Scottish Women’s Aid.

This week more than 60 LGBT organisations wrote to MSPs in support of the Bill.

Sand Owsnett, chairperson of Highland Pride, said: “The current gender recognition process is outdated, dehumanising and excludes many trans people.

“The proposed reforms would not only bring Scotland closer to international best practice, but also uphold trans people’s human rights.”

The Bill is likely to pass at Holyrood as well as the majority of SNP members, it also has the support of most Labour, Lib Dem and Green MSPs.