Not moved—[Inaudible.]—research considered by the cabinet secretary in order to talk about it.

Amendment 149 not moved.

Section 16—Further modification of enactments

Amendment 16 not moved.

Section 16 agreed to.

After section 16

Amendment 26 moved—[Rachael Hamilton].

I welcome the cabinet secretary’s commitment to discuss my amendments. Will she accept the need for co-ordinated and coherent research and monitoring if the legislation is to be successful and have an impact? Does she accept that we must think through the implications for those who will be affected by it? Whether or not they want to take the opportunity of using the simplified GRC process, there will be more interest in the topic. That puts an onus on the Scottish Government to review, in a couple of years’ time, what the impact has been and what further work is needed from the Scottish Government and its agencies, as well as in public life more generally.

Amendment 139 would require the Scottish ministers to carry out a review into the impact of the bill on gender identity healthcare. The overarching aim of the amendment is that such a review should have the gravity of the Cass review in England; however, it would also enable the Scottish ministers to consult on its remit. Subsection 3 would require any review to consider how access to and provision of gender identity healthcare could be improved.

Amendment 139 comes on the back of the evidence that the committee heard on the provision of trans healthcare, including the Cass review, which is currently taking place in England. It seeks not to delay the bill—as, I understand, was called for by a minority on the committee—but to strike a balance to ensure that a review happens in line with paragraph 289 of the committee’s stage 1 report.

I have spoken to a number of constituents, who shared opinions both for and against elements of the bill. However, I hope that we would get broad support for amendment 139, to ensure that anyone who goes through the GRC process and wants to receive gender identity healthcare is able to do so.

Last week, in discussion of an earlier grouping, I mentioned the waiting times at gender identity clinics. Currently, trans people experience significant delays in receiving treatment from clinics. The bill could increase the number of people who try to access that service, which would exacerbate the demand on it. That issue needs to be monitored.

Amendment 139 would ensure that, in implementing the bill, the Scottish Government would take steps to ensure that its consequences are fully understood and that services for trans people adapt to meet their needs as those change.

I note that amendment 140 is similar; it is slightly more narrowly focused, I think. I therefore hope that Rachael Hamilton might support my amendment, which I think is more beneficial.

In addition, amendment 139 sits alongside Pam Duncan-Glancy’s amendments 145, 146 and 147. It is aimed at ensuring that there is a commitment to having a review of what is important legislation—within two years of royal assent, I have suggested—to make sure that the implications of the bill and the changes that it brings around in society are carefully monitored, and that the strains that are already on support and healthcare are addressed, properly reviewed, monitored and acted on. Amendment 139 leaves to the Scottish Government the capacity to decide on the detail of that, but at least commits it to doing that review.

There are two parts to your response, as there are two elements of my amendment 149. I am pleased with your comments about MAPPA, and I want to consider that matter in detail after the meeting, because I have not seen the letter to which you referred. However, at least you are reaching out in the direction of specifically addressing the issue of bad actors.

The first element of my amendment is there because, from looking at experiences in other legislatures, it seems that there is a need for support to be in place. I was disappointed that the cabinet secretary did not accept my amendment 139, which was designed to enable people to get the support that they need, given the likelihood that more people will use the opportunity to transition. That goes back to making sure that there is a review to ensure that a variety of support services are in place. I have not been specific on exactly how you do that, with the intention of enabling the Scottish ministers to use their judgment on the issue.

I come back to the point that changes will be made and, from looking at other legislatures, it seems that the Government needs to plan ahead and think about the potential impacts of the legislation once it is passed and people can use it.

That would be helpful. Table 1 in the report that we commissioned lists key areas—including environmental protection, animal health and welfare, chemicals, plant health, food standards and police and judicial co-operation, to name just a few—and notes whether alignment in each of them is devolved. If we consider the information that the Scottish Government will have held over the past 23 years, we will start off with a database. We would be very interested to receive feedback from the cabinet secretary with clarity about alignment and non-alignment, as well as the timing. Thank you.

The issue is where you have decided not to align. You say that it would be too much work to routinely scrutinise everything, but surely there needs to be a process whereby Parliament can at least ask questions about where you have decided not to align and why. You have given us examples of a couple of policy issues around industry and agriculture, but should that not be tested? Should it not be visible so that people can agree or disagree with the Government’s decisions? Should we not have clarity of process and timing on the issue?

I am glad that the cabinet secretary and his team can see the work that we are doing on the issue. It is very clear that we need as much transparency as possible. The discussion so far has been about where the Government intends to align, but can you clarify where you do not intend to align? That is critical to businesses, environmental organisations and others, who need to know where EU law will continue to apply. Where are you not convinced that we should retain alignment?

Thank you so much.

The minister has not acknowledged the point about Brexit times 10 that I made in my speech, which was about all the disruption and dismantling. If anyone thinks that the 47 years of being in the EU was a long time, as the cabinet secretary said, the 400-odd years of being in the UK means that there would be massive disruption.

I particularly wish to make the point about the difference between a Labour Government and the current Conservative Government. We would not have people like Jacob Rees-Mogg in power, making things worse; we would have a constructive, co-operative approach from a Government that aimed at working with our EU neighbours, not to fall out with them at every single opportunity, and we would be honest about where we could work together collaboratively and constructively, promoting trade and high environmental standards and delivering the fantastic transformation that we need in our economy through green and sustainable development, which, along with the importance of the environment, was mentioned in several speeches today. We would bring all of that, and that would be transformative.

What really struck me about Ms Dowey’s colleague’s contribution was that it was incredibly negative. I was looking for him to suggest how the UK Government could change its practice now, by leading the way on Brexit and listening to the concerns in our report—which were unanimous—and by coming up with solutions to remove the horrendous tensions that Brexit has created. That could get us to a point at which members from across the chamber could agree on issues such as environmental standards, food safety or the use of chemicals. There is an opportunity, but it must be seized rather than have people say that it is all too difficult. Does Ms Dowey agree with me?

Will the minister take an intervention on that point?