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Chamber and committees

Delegated Powers and Law Reform Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

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Introduction

  1. At its meeting on 10 May 2022, the Delegated Powers and Law Reform Committee considered the delegated powers contained in the Gender Recognition Reform (Scotland) Bill (“the Bill”) at Stage 1.i

  1. The Committee submits this report to the lead Committee for the Bill under Rule 9.6.2 of Standing Orders.

Overview of the Bill

  1. This Scottish Government Bill was introduced by Shona Robison MSP, the Cabinet Secretary for Communities, Social Security and Equalities of Scotland, on 2 March 2022. The Lead Committee is the Equalities, Human Rights and Civil Justice Committee.

  1. The Bill changes the process as to how a gender recognition certificate may be obtained. A gender recognition certificate 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”.

  1. The current process for obtaining a gender recognition certificate is set out in the Gender Recognition Act 2004 (“the GRA”). This Bill amends the GRA to reform the process in Scotland. The process under the GRA has been in place since 2005.

  1. The Bill also makes provision about:

    • different types of gender recognition certificate that may be issued in different circumstances (“full” gender recognition certificates and “interim” gender recognition certificates);

    • appeals and reviews of decisions to grant (or not grant) gender recognition certificates; and

    • revocation of gender recognition certificates and offences in connection with false information being provided in an application.

Delegated Powers

  1. The Bill confers five powers to make subordinate legislation on the Scottish Ministers. The Scottish Government has prepared a Delegated Powers Memorandum which sets out its reasons for taking the delegated powers in the Bill and for the procedure chosen.i

  1. The Committee considered each of the delegated powers in the Bill at its meeting on 10 May. It determined that it did not need to draw the attention of the Parliament to the delegated powers in any of the five provisions:

    • Section 6 – Certificate to be issued;

    • Section 8 – Gender recognition obtained outwith Scotland;

    • Section 11 – Further provision about applications;

    • Section 17(1) – Ancillary provision; and

    • Section 18(2) – Commencement.

  1. The Committee is therefore content with the delegated powers provisions contained in the Bill.