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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Session 6: 13 May 2021 to 8 April 2026
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Displaying 2384 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Thank you. I appreciate that clarification, and in particular the point on normalisation and the differences with regard to prison systems elsewhere.

My final question is on a subject that you have already touched on. You said that, just now, although a gender recognition certificate is important, it is one part of the process. Have you considered the legal effect of such a certificate? In your policy review, have you looked at any legal advice that you have been given on that effect as it would apply in future?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Thank you for that clarity on the value of self-declaration in data collection. Before I ask my final question, I also thank the other panellists, because I have found this evidence session really useful. In particular, I thank James Kerr from the Scottish Prison Service for setting out its considered, sensitive and normalised approach to this, which is refreshing.

How do you think data on the representation of women will be affected by the bill?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Thank you for that answer; that is helpful. I will ask a quick supplementary if that is okay, Chris. What evidence do you have that people would use the bill for bad actor purposes?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Yes. Your point was that it is irreversible and that was conflated with the point about reassignment surgery.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Thank you. Can people who are currently in your care make statutory declarations?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

I would appreciate that. We know that you are currently reviewing the policy. Thank you for setting that out in such detail.

Throughout the course of our evidence, but last week in particular, we have heard about some undesirable circumstances that have arisen in prisons elsewhere in the UK. Are you able to say why that has happened elsewhere? We have not heard that there are similar circumstances in Scotland. If there are, it would be good to hear about those. Why is the position in the Ministry of Justice different from what is happening in Scotland just now?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Are there aspects of the bill that you think would make the process irreversible?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

I do not have any evidence to suggest that it would not be irreversible, so I could not dispute that. What part of the bill would put someone on the path of accessing puberty blockers?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Good afternoon to the panel. Thank you for your answers to the questions so far and for the information that you submitted in advance, both of which have been really helpful. I have a couple of follow-on points from what we have heard.

Some of you have said that the reflection period is remarkably short for a decision of such magnitude—I think that that is specifically how it was put. However, we have heard a lot from LGBT people about how applying for a gender recognition certificate is usually the end, rather than the beginning, of a process for them, and that they will have been thinking about it for a significant period of time, so much so that I think that Denmark—Chris Ringland gave it as an example—is one of the countries considering no longer having that period. I will be corrected on the record if I am wrong on that, but I think that Denmark is one of those countries.

What is your response to LGBT people who say that applying for a GRC is the end of the process and that they have already spent a lot of time thinking about whether they want to change their gender?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 7 June 2022

Pam Duncan-Glancy

Do other panel members have any comments on the time period?