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Holyrood and Westminster set for showdown after self-ID reform passes in Scotland | Morning Star Skip to main content

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Holyrood and Westminster set for showdown after self-ID reform passes in Scotland

LEGISLATION to introduce self-identification for transgender people in Scotland passed Holyrood today — but was immediately called into question by Secretary of State for Scotland Alistair Jack, who suggested it could be prevented from receiving royal assent.

The Gender Recognition Reform (Scotland) Bill, which removes the need for a medical diagnosis of gender dysphoria to obtain a gender recognition certificate (GRC), was accepted by 86 to 39 votes following lengthy debate.

It also lowers the minimum age for applicants to 16 and drops the time required for an applicant to live in their acquired gender from two years to three months — six for those aged 16 and 17 — though with a three-month reflection period.

Opponents argued that it could harm the rights of women and girls, and leaves a lack of legal clarity about how the new Scottish law interacts with existing equality legislation, which is reserved to Westminster.

Following the vote, Mr Jack said: “We share the concerns that many people have regarding certain aspects of this Bill and in particular the safety issues for women and children.

“We will look closely into that, and also at the ramifications for the 2010 Equality Act and other UK-wide legislation, in the coming weeks — up to and including a Section 35 order stopping the Bill going for royal assent if necessary.”

The Bill had been expected to pass on Wednesday, but MSPs spent a total of 24 hours this week considering 153 amendments.

As the result was announced shouts of “shame on you” competed with applause in the public gallery.

Scottish Greens welcomed the outcome, calling it a “historic day for equality in Scotland.”

Equalities spokeswoman Maggie Chapman said: “The last three days of debate have shown the best and worst of our Parliament.“[But today is] about our past and all of the generations of our trans and non-binary friends, colleagues, comrades and relatives, those who are amongst us, and those no longer with us, who have had to put up with delay, abuse, loss and grief.

“We cannot undo the pain that has been inflicted, but we will do all we can to ensure that the future we build is a better one.”

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