Gender Recognition Reform (Scotland) Bill

Author: SPICe Research

PDF Published: Thursday 10 Mar 2022 (SB 22-17)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Summary
- Introduction
  - Terminology
- Gender Recognition Act 2004
  - History
    
    The application process
    
    Routes for application
    
    Standard track
    
    Alternative track
    
    Overseas track
    
    Decision by the Gender Recognition Panel
- Reason for reform
  - World Health Organisation's reclassification of gender identity
  - International human rights developments
  - International practice on legal gender recognition
- Consultation on reforming the Gender Recognition Act 2004
  - Women and Equalities Committee inquiry 2016
  - Scottish Government consultation 2017
  - UK Government consultation 2018
  - Scottish Government consultation 2019
  - Women and Equalities Committee's inquiry 2021
- Statistics on the trans population
- Equality Act 2010
  - Equality Act 2010: single-sex exceptions
  - Equality Act 2010: other exceptions
- The Bill
  - Key changes proposed
  - Application for a GRC
    
    Eligibility for a GRC
    
    Notice to be given on receipt of application
    
    Grounds on which an application is granted
    
    Statutory declarations and other evidence in relation to marriage or civil partnership
    
    Certificate to be issued
    
    Issue of full GRC to person with interim GRC
  - Gender Recognition outwith Scotland
    
    Gender recognition obtained outwith Scotland
  - Further provision about applications and certificates
    
    Review and appeal of decisions
    
    Offences
  - Reporting on gender recognition
  - Schedule
  - Costs
Sources

Image: Figure 1: Gender Recognition Certificates granted, by gender at birth, 2005-2021

Scottish Parliament. (2022, March 2). Gender Recognition Reform (Scotland) Bill: Policy Memorandum. Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/gender-recognition-reform-scotland-bill/introduced/policy-memorandum.pdf [accessed 3 March 2022]

Scottish Parliament. (2022, March 4). Meeting of the Parliament (Hybrid) 03 March 2022. Retrieved from https://www.parliament.scot/chamber-and-committees/official-report/what-was-said-in-parliament/meeting-of-parliament-03-03-2022?meeting=13611 [accessed 4 March 2022]

HM Courts and Tribunals Service. (2021). The General Guide for all Users: Gender Recognition Act 2004. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/981444/t455-eng.pdf [accessed 7 February 2022]

Scottish Government. (2019, December 17). Gender Recognition Reform (Scotland) Bill: consultation. Retrieved from https://www.gov.scot/publications/gender-recognition-reform-scotland-bill-consultation-scottish-government/pages/1/ [accessed 4 March 2022]

Scottish Government. (2017, November 9). Review of the Gender Recognition Act 2004: A Consultation. Retrieved from https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/user_uploads/sct1017251758-1_gender_p4--3-.pdf [accessed 4 March 2022]

Home Office. (2000, April). Report of the Interdepartmental Working Group on Transsexual People. Retrieved from http://docs.scie-socialcareonline.org.uk/fulltext/wgtrans.pdf [accessed 11 February 2022]

European Court of Human Rights. (2011, July 11). Christine Goodwin v the United Kingdom. Retrieved from https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-60596%22]} [accessed 11 February 2022]

European Court of Human Rights. (2002, July 11). I v the United Kingdom. Retrieved from https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-60595%22]} [accessed 11 February 2022]

Hansard. (2004, February 23). Gender Recognition Bill Volume 418: debated on Monday 23 February 2004. Retrieved from https://hansard.parliament.uk/commons/2004-02-23/debates/7fa2c35f-8043-4516-af9c-b12e02e672ec/GenderRecognitionBill [accessed 16 February 2022]

Joint Committee on Human Rights. (2003, November 20). Draft Gender Recognition Bill. Retrieved from https://publications.parliament.uk/pa/jt200203/jtselect/jtrights/188/188.pdf [accessed 16 February 2022]

Hansard. (2003, December 18). Gender Recognition Bill Hl Volume 655: debated on Thursday 18 December 2003. Retrieved from https://hansard.parliament.uk/lords/2003-12-18/debates/1bacc5de-e32f-4556-8cb3-0ca85c51fc63/GenderRecognitionBillHl [accessed 16 February 2022]

Equal Opportunities Committee. (2003, December 9). Official Report. Retrieved from http://archive.scottish.parliament.uk/business/committees/historic/equal/or-03/eo03-1002a.htm#Col250

Scottish Parliament. (2004, January 22). Motion S2M-0813: Gender Recognition Bill, UK Legislation. Retrieved from https://archive2021.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Advance&ReferenceNumbers=S2M-00813&ResultsPerPage=10 [accessed 17 February 2022]

Justice 1 Committee. (2004, January 28). Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=2082 [accessed 17 February 2022]

Scottish Parliament. (2004, February 5). Official Report. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=4492 [accessed 17 February 2022]

House of Commons . (2004, May 25). Commons Hansard for 25 May 2004 (Volume 421): Gender Recognition Bill third reading. Retrieved from https://hansard.parliament.uk/commons/2004-05-25#undefined [accessed 18 February 2022]

Ministry of Justice. (2021, December 9). Tribunal Statistics Quarterly: July to September 2021. Retrieved from https://www.gov.uk/government/statistics/tribunal-statistics-quarterly-july-to-september-2021 [accessed 15 February 2022]

The Gender Recognition (Approved Countries and Territories) Order 2011. . (2011, July 4). Retrieved from https://www.legislation.gov.uk/uksi/2011/1630/contents/made [accessed 6 March 2022]

Scottish Parliament. (2022, March 2). Gender Recognition Reform (Scotland) Bil: Explanatory Notes. Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/gender-recognition-reform-scotland-bill/introduced/explanatory-notes.pdf [accessed 3 March 2022]

World Health Organisation. (2019). WHO/Europe brief – transgender health in the context of ICD-11. Retrieved from https://www.euro.who.int/en/health-topics/health-determinants/gender/gender-definitions/whoeurope-brief-transgender-health-in-the-context-of-icd-11 [accessed 5 March 2022]

Yogyakarta Principles. (2006). Retrieved from https://yogyakartaprinciples.org/ [accessed 7 March 2022]

Parliamentary Assembly of the Council of Europe. (2015). Resolution 2048 (2015): Discrimination against transgender people in Europe. Retrieved from http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=21736 [accessed 7 March 2022]

Women and Equalities Committee. (2016, January 14). Transgender Equality. Retrieved from https://publications.parliament.uk/pa/cm201516/cmselect/cmwomeq/390/390.pdf [accessed 15 February 2022]

Craigforth for Scottish Government. (2018, November 23). Review of the Gender Recognition Act 2004: consultation analysis. Retrieved from https://www.gov.scot/publications/review-gender-recognition-act-2004-analysis-responses-public-consultation-exercise-report/ [accessed 5 March 2022]

Scottish Parliament. (2019, June 20). Official Report: Meeting of the Parliament 20 June 2019. Retrieved from http://archive2021.parliament.scot/parliamentarybusiness/report.aspx?r=12196&mode=pdf [accessed 5 March 2022]

UK Government. (2018, July 3). Reform of the Gender Recognition Act. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721725/GRA-Consultation-document.pdf [accessed 15 February 2022]

King, D., Paechter, C., & Ridgway, M. (2020, September). Gender Recognition Act: Analysis of consultation responses. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/919890/Analysis_of_responses_Gender_Recognition_Act.pdf [accessed 15 February 2022]

UK Government Equalities Office. (2021, May 4). The government has reduced the Gender Recognition Certificate fee to £5.. Retrieved from https://www.gov.uk/government/news/gender-recognition-certificate-fee-reduced [accessed 5 March 2022]

Scottish Parliament. (2020, April 1). Official Report: Meeting of the Parliament 01 April 2020. Retrieved from https://www.parliament.scot/chamber-and-committees/official-report/what-was-said-in-parliament/meeting-of-parliament-01-04-2020?meeting=12602&iob=113947 [accessed 5 March 2022]

Scottish Parliament. (2021, March 3). Question S5W-35587: Gail Ross, Caithness, Sutherland and Ross, Scottish National Party, Date Lodged: 26/02/2021. Retrieved from https://archive2021.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Advance&ReferenceNumbers=S5W-35587&ResultsPerPage=10 [accessed 5 March 2022]

Scottish Government. (2021, September 2). Gender Recognition Reform (Scotland) Bill: consultation analysis. Retrieved from https://www.gov.scot/publications/gender-recognition-reform-scotland-bill-analysis-responses-public-consultation-exercise/documents/ [accessed 4 March 2022]

Equality and Human Rights Commission. (2018, March). Response to the Review of the Gender Recognition Act 2004 Consultation. Retrieved from https://www.equalityhumanrights.com/sites/default/files/gender_recognition_act.pdf [accessed 6 March 2022]

Equality and Human Rights Commission. (2020, March). Response to the consultation on the Gender Recognition Reform (Scotland) Bill. Retrieved from https://www.equalityhumanrights.com/sites/default/files/consultation-response-gender-recognition-reform-scotland-bill-march-2020.docx [accessed 6 March 2022]

Equality and Human Rights Commission. (2018, October). Response to the Minister for Women and Equalities' consultation on the reform of the Gender Recognition Act. Retrieved from https://www.equalityhumanrights.com/sites/default/files/consultation-response-gender-recognition-act-18-october-2018.pdf [accessed 6 March 2022]

Equality and Human Rights Commission. (2022, January 26). Letter from Baroness Kishwer Falkner, Chairwoman of EHRC to Shona Robison, Cabinet Secretary for Social Justice, Housing and Local Government. Retrieved from https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.equalityhumanrights.com%2Fsites%2Fdefault%2Ffiles%2Fletter-to-cabinet-office-our-position-gender-recognition-act-2004-reform-january-2022.docx&wdOrigin=BROWSELINK [accessed 5 March 2022]

Scottish Parliament. (2022, January 31). Position taken by the EHRC on reform of the Gender Recognition Act 2004 Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Equalities and Human Rights Commission. Retrieved from https://www.parliament.scot/chamber-and-committees/committees/current-and-previous-committees/session-6-equalities-human-rights-and-civil-justice-committee/correspondence/2022/position-taken-by-the-ehrc-on-reform-of-the-gender-recognition-act-2004 [accessed 6 March 2022]

Scottish Parliament. (2022, February 4). Reform of the Gender Recognition Act 2004 Letter from the Equality and Human Rights Commission (EHRC) to the Cabinet Secretary for Social Justice, Housing and Local Government, 4 February 2022. Retrieved from https://www.parliament.scot/chamber-and-committees/committees/current-and-previous-committees/session-6-equalities-human-rights-and-civil-justice-committee/correspondence/2022/reform-of-the-gender-recognition-act-2004 [accessed 6 March 2022]

Scottish Parliament. (2022, February 21). EHRC position on reform of the Gender Recognition Act 2004 Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Equality and Human Rights Commission, 21 February 2022. Retrieved from https://www.parliament.scot/chamber-and-committees/committees/current-and-previous-committees/session-6-equalities-human-rights-and-civil-justice-committee/correspondence/2022/ehrc-position-on-reform-of-the-gender-recognition-act-2004 [accessed 6 March 2022]

Scottish Human Rights Commission. (2022, February 24). Statement: Clarifying the mandates of the Scottish Human Rights Commission and the Equality and Human Rights Commission in Scotland. Retrieved from https://www.scottishhumanrights.com/news/statement-clarifying-the-mandates-of-the-scottish-human-rights-commission-and-the-equality-and-human-rights-commission-in-scotland/ [accessed 6 March 2022]

Scottish Human Rights Commission. (2022, February 24). Letter from SHRC to Baroness Falkner, 11 February 2022. Retrieved from https://www.scottishhumanrights.com/media/2286/20220210-letter-to-ehrc-chair-and-scotland-commissioner-vfinal.pdf [accessed 6 March 2022]

Scottish Human Rights Commission. (2020, March 17). Consultation Response on the Gender Recognition Reform (Scotland) Bill. Retrieved from https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.scottishhumanrights.com%2Fmedia%2F2001%2F2020_03_25_shrc-grr-scotland-bill-response-online.docx [accessed 8 March 2022]

House of Commons Women and Equalities Committee. (2021, December 15). Reform of the Gender Recognition Act. Retrieved from https://committees.parliament.uk/publications/8329/documents/84728/default/ [accessed 6 March 2022]

Gender Recognition Reform (Scotland) Bill: Financial Memorandum. (2022, March 2). Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/gender-recognition-reform-scotland-bill/introduced/financial-memorandum-accessible.pdf [accessed 6 March 2022]

UK Government. (2018, July). Reform of the Gender Recognition Act – Government Consultation. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721725/GRA-Consultation-document.pdf [accessed 2 February 2022]

Government Equalities Office. (2018). Trans People in the UK. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721642/GEO-LGBT-factsheet.pdf [accessed 2 February 2022]

Government Equalites Office. (2018, July 3). National LGBT Survey: Research report. Retrieved from https://www.gov.uk/government/publications/national-lgbt-survey-summary-report [accessed 2 February 2022]

National Records of Scotland. (2021, September 9). Scotland's Census 2022 question set. Retrieved from https://www.scotlandscensus.gov.uk/documents/scotland-s-census-2022-question-set/ [accessed 2 February 2022]

Office for National Statistics. (2020, June 26). Census 2021 paper questionnaires. Retrieved from https://www.ons.gov.uk/census/censustransformationprogramme/questiondevelopment/census2021paperquestionnaires [accessed 2 February 2022]

Georghiou, N. (2021, August 20). Equalities and Human Rights: Subject Profile. Retrieved from https://digitalpublications.parliament.scot/ResearchBriefings/Report/2021/8/20/394d942d-129c-4804-aa88-3bbfa46d54ba [accessed 5 March 2022]

Equality and Human Rights Commission. (2018, July 30). Our statement on sex and gender reassignment: legal protections and language. Retrieved from https://www.equalityhumanrights.com/en/our-work/news/our-statement-sex-and-gender-reassignment-legal-protections-and-language [accessed 5 March 2022]

Equality and Human Rights Commission. (2011). Equality Act 2010 Code of Practice: Services, public functions and associations. Retrieved from https://www.equalityhumanrights.com/sites/default/files/servicescode_0.pdf [accessed 4 March 2022]

House of Commons Women and Equalities Committee. (2019, July 17). Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission. Retrieved from https://publications.parliament.uk/pa/cm201719/cmselect/cmwomeq/1470/1470.pdf [accessed 5 March 2022]

House of Commons Women and Equalities Committee. (2019). Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission: Government and Equality and Human Rights Commission Responses to the Committee’s Tenth Report of Session 2017–19. Retrieved from https://publications.parliament.uk/pa/cm201919/cmselect/cmwomeq/96/9602.htm [accessed 5 March 2022]

Equality and Human Rights Commission. (2022, February 11). Response to misinformation about single-sex spaces guidance. Retrieved from https://www.equalityhumanrights.com/en/our-work/news/response-misinformation-about-single-sex-spaces-guidance [accessed 5 March 2022]

The Gender Recognition (Disclosure of Information) (Scotland) Order 2005. (2005, March 3). Retrieved from https://www.legislation.gov.uk/ssi/2005/125/contents/made [accessed 5 March 2022]

Scottish Parliament. (2022, March 3). Gender Recognition Reform (Scotland) Bill: Financial Memorandum. Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/gender-recognition-reform-scotland-bill/introduced/financial-memorandum-accessible.pdf [accessed 7 March 2022]

Last Updated: 9/8 7:13am

Image: Figure 1: Gender Recognition Certificates granted, by gender at birth, 2005-2021

An error occured while loading, please try again in a few minutes.