Current status: Answered by Shona Robison on 4 November 2021
To ask the Scottish Government, under section 8N sub section (2) of its draft Gender Recognition Reform (Scotland) Bill, what constitutes “manifest public policy”.
The draft section 8N in the Bill as published for consultation provides that, where a person has obtained ‘overseas gender recognition’ (as defined), the person is to be treated as if the person had been issued with a full gender recognition certificate by the Registrar General for Scotland. But this rule doesn’t apply if it would be manifestly contrary to public policy (for example, in a case where gender recognition was obtained overseas at a very young age).
Whether or not a public policy exception applies will depend on the facts and circumstances, and may in a disputed case be determined by the courts under new section 8P, which provides that a court may make an order determining the question, if the question arises in the course of civil proceedings before the court or on an application to the court by a person having an interest in it. This is set out in the draft explanatory notes to the Bill, which were published as part of the consultation on the draft Bill.