SNP has ‘no mandate’ for sex self declaration, campaigners warn
The Scottish Government does not have a democratic mandate to change the law so people can change sex by selfdeclaration, SNP members have warned.
A submission to a government consultation from the SNP Women’s Pledge group, which is backed by senior figures including Joanna Cherry MP and Joan Mcalpine MSP, claims that because the party’s 2016 manifesto failed to spell out the reforms, they should not go ahead.
Ministers are consulting again on the Gender Recognition Reform (Scotland) Bill following vocal opposition to plans for self-declaration, with debate around the issue dividing the SNP.
The party’s 2016 manifesto set out its intention to “review and reform gender recognition law so it’s in line with international best practice for people who are Transgender or Intersex”.
Campaigners against selfdeclaration claim that “international best practice” is not defined, with the policy not currently widespread in other countries.
West Dunbartonshire councillor Caroline Mcallister, the convener of the Women’s Pledge, said: “How can you change laws if you don’t properly define what terms mean under these laws?”
The submission from the Women’s Pledge also claims that the Equality Impact Assessment carried out by the Scottish Government on the proposed changes to the Gender Recognition Act was “deeply flawed” because it ignored the potential risks posed to women and girls in single-sex spaces, and failed to seek the views of women who are opposed to a change in the law.
Quoting figures from the Scottish Courts Service stating that men are responsible for 98.5 per cent of all sexual crime, the Women’s Pledge submission argues that the government has “no evidence to support the assertion that transwomen who have undergone no physical changes depart from male pattern offending”.
Ms Mcallister added: “We believe women and girls will be at increased risk of harm from predatory men who could take advantage of the complete lack of any checks to gain access to single sex spaces like women’s toilets, hospital wards, refuges, hostels and prisons.
“We also believe that the Government’s draft Equality Impact Assessment is deeply flawed in that it doesn’t take into account the effects on privacy, dignity and the rights of women to refuse consent to male-bodied people in their spaces or delivering intimate care.”
A Scottish Government spokeswoman said the draft bill follows international best practiceadoptedinothercountries such as the Republic of Ireland,denmarkandnorway.
“Women’s rights and protections will be as strong under this Bill as they are today, as we remain committed to protect, respect, and advance the rights of women and girls,” the spokeswoman said.
“The proposals do not change the Equality Act or the exceptions within it that protect women’s single sex spaces and services.
“A previous consultation on reform showed a majority in support of our proposals but also some concerns and we hope the consultation will clearly explain the need for reform and address those concerns.”