SNP table longer reflection time for young trans people
A HOLYROOD committee has rejected a bid to axe proposals to reduce the age limit for a gender recognition certificate to 16-year-olds.
SNP ministers have been accused of attempting to “use young people as collateral damage” after opposing a plea for the age limit to be kept at 18 – but have extended a reflection period for 16 and 17-year-olds.
Those on the sex offenders register will have to tell police if they apply for a gender recognition certificate under amended Scottish Government plans to allay fears of potential fraud.
MSPS are considering the Scottish Governments gender recognition bill at stage two where amendments can be attached.
Under the plans, backed by all parties except the Conservatives, the system will follow other countries including Ireland and France to move to a self-id process, ending the need for a diagnosis of gender dysphoria.
The legislation, as it stands, would also allow 16 and 17-year-olds to apply for a certification, lowering the 18-yearold threshold. MSPS on Holyrood’s Equalities Committee agreed to attach an amendment extended the threemonth reflection period to six months for those 16 and 17-years-old.
Tory MSP Rachael Hamilton attempted to keep the age limit at 18 until a review into NHS services in England is concluded, despite SNP ministers insisting the Cass review has no impact on the gender recognition plans.
Ms Hamilton said: “I recognise that 16 is the age of legal capacity in Scotland, but also conversely that higher age limits apply for several matters that are of less significance than changing legal sex.
“It is prudent to wait until the final conclusions and recommendations of the Cass review before moving to make legal recognition available to 16 and 17-year-olds in Scotland.”
But the committee rejected the proposed amendment, instead backing SNP MSP Christine Grahame’s bid for 16 and 17-year-olds to have lived in their acquired gender “for at least six months” instead of the proposed threemonth reflection period.
Ms Grahame said it would allow young people to “fully understand the change they are making” and be “confident that they do really want to live the rest of their life in their acquired gender”.
But Greens MSP and deputy convener of the committee, Maggie Chapman, stressed that the age of legal capacity in Scotland was 16.
She said: “At this age, young people can get married, join the army, work, vote in Scottish parliamentary and vote in local elections – it’s almost as if we trust them to make big life decisions on their own. I don’t see how this is any different.
“Many young people have already socially transitioned, which might include coming out to friends and family, without at GRC.
“Not having a birth certificate that matches their identity could cause issues when applying for jobs, further or higher education and more importantly, leave them open to a lack of privacy regarding their trans status.”
Social Justice Secretary Shona Robinson said not including 16 and 17 year-olds would make them “feel excluded from the system” and would be “contrary to the general principles of the bill”.
But she acknowledged there were concerns about “striking the balance between autonomy and protection of young people”.
Ms Robison said that Ms Graham’s amendment “would address concerns that have been raised” while “not placing an additional barrier on young people who wish to apply”.
But Ms Hamilton claimed the rejection of her amendment was an attempt to keep the rebellious SNP MSPS on the side of the government.
The SNP faced its biggest ever rebellion at Holyrood at stage one of the bill. Despite seven SNP MSPS opposing the legislation and two abstaining, MSPS overwhelmingly backed the principles of the legislation.
Ms Hamilton said: “I’m disappointed that the Scottish Government are attempting to use young people as collateral damage to water down the bill, to appease their own SNP rebels.”
Ms Robison confirmed that Justice Secretary Keith Brown will bring forward measures to respond to fears the gender recognition plans could be opened up to potential fraud from sexual offenders.
Ms Robison told MSPS a “new statutory aggravation offence” will be created on connections with a fraudulent GRC while those on the sex offenders register will be required to notify the police if they make a gender recognition application.
At this age, young people can get married, join the army, work...