Gender Recognition Reform (Scotland) Bill: A consultation

Closed 17 Mar 2020

Opened 17 Dec 2019

Overview

In a statement to the Scottish Parliament in June, the Cabinet Secretary for Social Security and Older People, announced that the Scottish Government would consult on a draft Bill to reform the process by which trans people gain legal recognition of their lived gender through a Gender Recognition Certificate – a right they have had for 15 years.

To comply with international human rights law, Scotland must have a system for obtaining legal gender recognition.  The current system is viewed by many applicants, or would-be applicants, as demeaning, lengthy, and stressful.

This consultation seeks respondents’ views on the provisions of the draft Gender Recognition Reform (Scotland) Bill which amends the way in which a trans person can obtain that Certificate (a “GRC”). The draft Bill does not make provision to change the rights and responsibilities arising as a result of gender recognition nor to change existing arrangements under the Equality Act 2010.

Why We Are Consulting

Consultation is an essential part of the policy-making process.

In the Fairer Scotland Action Plan, the Scottish Government committed to 'review and reform gender recognition law so it is in line with international best practice for people who are transgender '.

Following on a consultation published in 2017 on the principles of reform, the Cabinet Secretary for Social Security and Older People announced in the Scottish Parliament in June 2019 that there would be a further consultation, this time on a draft Gender Recognition Reform (Scotland) Bill.  This is to allow all stakeholders the opportunity to consider and respond to specific proposals.

Respondents may submit their response using Citizen Space or by making a response in writing (not by email).  Further details about where to send a hard copy response can be found in the consultation.

Please ensure that your consultation responses are submitted by 17 March 2020.

Read the consultation paper 

What Happens Next

Consultation responses will be independently analysed and considered as part of decisions on next steps.

Interests

  • Equality, Welfare and Rights
  • Law and Order