Gender Recognition Reform (Scotland) Bill
The Bill changes the process to get a gender recognition certificate (GRC). A GRC is a certificate that legally recognises that a person’s gender is not the gender that they were assigned at birth, but is their “acquired gender”.
The current process for obtaining a GRC is set out in the Gender Recognition Act 2004. This Bill amends that Act to make a new process in Scotland.
The Bill sets out:
- who can apply for a GRC
- how to make an application
- the grounds on which an application is to be granted
It also makes provision about:
- different types of GRC that may be issued in different circumstances (“full” GRCs and “interim” GRCs)
- appeals and reviews of decisions to grant (or not grant) GRCs
- revocation of a GRC and offences in connection with false information being provided in an application
The Bill ended Stage 3 on 22 December 2022
Contents
Stage 1 - General principles
Committees examine the Bill and gather views. They produce reports before MSPs debate the Bill in the Chamber. MSPs then decide on the purpose (“general principles”) of the Bill.
The Bill ended Stage 1 on 27 October 2022
Committee Examination
The lead committee for this Bill is the Equalities, Human Rights and Civil Justice Committee
Responses to the call for views
The call for views ended on 16 May 2022.
Read the summary of short survey responses (555.1KB, pdf) posted 23 May 2022
Timetable
The timetable that the committee followed while examining the Bill at Stage 1
Parliament agreed that consideration of the Gender Recognition Reform (Scotland) Bill at Stage 1 be completed by 28 October 2022.
The lead committee published its Stage 1 Report on 6 October 2022.
The Stage 1 Debate will take place on 27 October 2022.
Who spoke to the lead committee in the Parliament
MSPs met with people in committee meetings to discuss what the Bill will do.
Minutes of 15 March 2022 (private)
Minutes of 17 May 2022
Minutes of 24 May 2022
Minutes of 31 May 2022
Minutes of 7 June 2022
Minutes of 14 June 2022
Minutes of 21 June 2022
Minutes of 22 June 2022
Minutes of 28 June 2022
Minutes of 6 September 2022 (private)
Minutes of 20 September 2022 (private)
Minutes of 27 September 2022 (private)
Minutes of 4 October 2022 (private)
Meeting on 17 May 2022
Engagement
The Committee held an informal briefing with officials from the Scottish Government’s Bill Team on 15 March to better understand the provisions in the Bill before starting formal oral evidence at stage 1. The Committee will hear from the Cabinet Secretary at conclusion of its evidence taking.
Read the summary of the informal session with the Scottish Government officials (71.5KB, pdf) posted 26 May 2022
As agreed at its meeting of 15 March, the Committee held two informal, private engagement sessions with trans people and other stakeholders.
Read the summary of the private engagement sessions (250.7KB, pdf) posted 26 May 2022
On 7 June, the Committee took private evidence from an anonymous witness.
Read the notes from the private evidence from an anonymous witness (183KB, pdf) posted 22 June 2022
On 20 June, the Committee held two informal, private engagement sessions with members of parent support groups.
Read the summary of the private engagement sessions (197.1KB, pdf) posted 18 July 2022
On 27 June, the Committee held two informal, private engagement sessions with people with lived experiences.
Read the summary of the private engagement sessions (178.4KB, pdf) posted 18 July 2022
Correspondence
The correspondence the Committee sent and received while the Bill progressed through Parliament.
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Chair of the Equality and Human Rights Commission, 30 November 2022
Gender Recognition Reform Gender Identity Healthcare
Letter from the Cabinet Secretary for Health and Social Care to the Convener of the Equalities, Human Rights and Civil Justice Committee, 21 November 2022
Further information regarding the application process for a Gender Recognition Certificate
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to Pam Duncan-Glancy MSP, 7 November 2022
Work by other committees
Delegated Powers and Law Reform Committee
Report published on 16 May 2022
Finance and Public Administration Committee
Committee report
The lead committee published its Stage 1 Report on 6 October 2022.
Stage 1 Report on the Gender Recognition Reform (Scotland) Bill
The Committee received the following responses to its report –
Scottish Government response to Stage 1 Report on the Gender Recognition Reform (Scotland) Bill (523.6KB, pdf) posted 26 October 2022
Debate
MSPs debate the purpose (“general principles”) of the Bill.
Meeting on 27 October 2022
Read the Minutes of Proceedings (161.4KB, pdf) posted 27 October 2022
Vote
MSPs vote on the general principles of the Bill.
Meeting on 27 October 2022
Gender Recognition Reform (Scotland) Bill
Submitted by: Shona Robison, Dundee City East, Scottish National Party.
Date lodged: Tuesday, October 25, 2022
Supported by: Ben Macpherson, Christina McKelvie
Current status: Taken in the Chamber on Thursday, October 27, 2022
Result 88 for, 33 against, 4 abstained, 4 no vote Vote Passed