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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 5 May 2021
  6. Current session: 12 May 2021 to 14 May 2025
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Displaying 1498 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

I will start again. I have a couple of questions around the removal of the diagnosis of gender dysphoria and about the gender recognition panel.

First, on gender dysphoria, you talked in your opening remarks about the shift away from treating being trans as a mental health condition. Where does the importance of that lie in relation to separating legal transition from medical transition?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

We have heard evidence from people who are concerned that removal of the diagnosis potentially opens up the process of applying for a GRC to a wider group of people, including people who might be bad-faith actors. There are also concerns about whether removal of the medical diagnosis takes away from the seriousness of the decision. What are your comments on that?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

Thank you for your comments so far, cabinet secretary. My question is around section 22 of the GRA. An issue of potential concern has been put to us about overseas gender recognition and confirmatory GRCs. Although there is no obligation for somebody with overseas gender recognition to obtain a confirmatory GRC, does the lack of a requirement for any evidence to be provided about that give you any cause for concern in relation to people who have a GRC from somewhere else in the world coming to Scotland? How difficult would it be for employers to obtain information that comes under the protected information provisions of section 22? My question is around concerns for employers gaining access to information that they might need in relation to things such as safety for people.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

I suppose the concern is that, because that information is protected, some information that we might want to be disclosed, whether that be in terms of public safety or anything else, would not be disclosed. Can you see an instance in which that might happen?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

Thank you. That is helpful.

The process of self-declaration removes the need for the gender recognition panel. What are the main benefits of removing the panel for trans people who are going through the process?

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 28 June 2022

Maggie Chapman

Can we raise the matter with the Minister for Community Safety when we see her in September—if that is when she is coming—or write a letter? There are two issues: the uplift and the threshold limit. It would be helpful to have conversations with the minister about those—although obviously not for the July uplift but in advance of April’s.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

That is helpful.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

We heard similar evidence in a couple of the sessions that we held. I suppose that the reverse of that is that the removal of any form of gatekeeping or formal safeguards is troubling for some people, especially if it makes it easier for some of the kinds of things that we have heard, for example, in relation to prisoners serving sentences for sexual assault. Are there safeguards or gatekeeping measures that we should be considering?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

My final question is in relation to the role of the registrar general, who will oversee the administration of the process. There is a question around how the Government will ensure that the registrar general is resourced sufficiently to support people who are going through the process on any questions and issues that they may have. However, there is also a question around the regulations that the registrar general will have the powers to make. What are the constraints on or parameters within which you see those regulations being made?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Maggie Chapman

Good morning, cabinet secretary. Thank you for joining us and for your opening remarks. I have a few questions around the removal of the diagnosis of gender dysphoria and the gender recognition panel—[Interruption.]

10:13 Meeting suspended.  

10:13 On resuming—