The Bill changes the process to get a gender recognition certificate (GRC). A GRC is a certificate that legally recognises that a person’s gender is not the gender that they were assigned at birth, but is their “acquired gender”.
The current process for obtaining a GRC is set out in the Gender Recognition Act 2004. This Bill amends that Act to make a new process in Scotland.
The Bill sets out:
It also makes provision about:
This is a Government bill
The Bill was introduced on 2 March 2022. Stage 3 ended on 22 December 2022.
The Bill has been passed and is now being considered for Royal Assent.
The Bill changes the process to get a gender recognition certificate (GRC). A GRC is a certificate that legally recognises that a person’s gender is not the gender that they were assigned at birth, but is their “acquired gender”.
The current process for obtaining a GRC is set out in the Gender Recognition Act 2004. This Bill amends that Act to make a new process in Scotland.
The Bill sets out:
It also makes provision about:
The Bill aims to improve the process for people applying for legal gender recognition. The Scottish Government considers that the current system is intrusive and can take a long time, which can have a negative impact on applicants. The Government has two specific concerns, which the Bill would mitigate:
The Government considers that the process set out in the Bill is a balanced and proportionate way of improving the current process of obtaining legal gender recognition. The Government also has included two elements to the Bill to ensure that the process will continue to be a significant step:
The Bill also aims to simplify the process, which the Scottish Government considers to be complex.
Gender Recognition Reform (Scotland) Bill (689KB, pdf) posted 18 August 2022
The Introduction of the Gender Recognition Reform (Scotland) Bill
Gender Recognition Reform (Scotland) Bill explanatory notes (689KB, pdf) posted 18 August 2022
Gender Recognition Reform (Scotland) Bill policy memorandum (689KB, pdf) posted 18 August 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual sections.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill in a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the person introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSP's in their examination of Bills and other parliamentary business.
The Bill was introduced on 2 March 2022
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees can also examine the Bill and report to the lead committee.
Engagement
The Committee held an informal briefing with officials from the Scottish Government’s Bill Team on 15 March to better understand the provisions in the Bill before starting formal oral evidence at stage 1. The Committee will hear from the Cabinet Secretary at conclusion of its evidence taking.
Read the summary of the informal session with the Scottish Government officials (689KB, pdf) posted 18 August 2022
As agreed at its meeting of 15 March, the Committee held two informal, private engagement sessions with trans people and other stakeholders.
Read the summary of the private engagement sessions (689KB, pdf) posted 18 August 2022
On 20 June, the Committee held two informal, private engagement sessions with members of parent support groups.
Read the summary of the private engagement sessions (689KB, pdf) posted 18 August 2022
Letter from the Cabinet Secretary for Health and Social Care to the Equalities, Human Rights and Civil Justice Committee, 21 November 2022
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to Pam Duncan-Glancy MSP, 7 November 2022
Supplementary evidence sent by MurrayBlackburnMackenzie to the Equalities, Human Rights and Civil Justice Committee, 12 July 2022
Written evidence sent by NHS Greater Glasgow and Clyde to the Equalities, Human Rights and Civil Justice Committee, 24 June 2022
Supplementary written evidence sent by David Parker, Lead Clinician, National Gender Identity Clinical Network for Scotland to the Equalities, Human Rights and Civil Justice Committee, 22 June 2022
See a full list of Stage 1 correspondance
A Stage 1 debate took place on 27 October 2022 to consider and decide on the general principles of the Bill.
Read the Minutes of Proceedings (689KB, pdf) posted 18 August 2022
Result 88 for, 33 against, 4 abstained, 4 did not vote Agreed
See further details of the motion
The Bill ended Stage 1 on 27 October 2022
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
MSPs had until 19 February 2022 to submit amendments. The submitted amendments have been gathered together and MSPs are now considering them. The next step will be for them to vote on whether each amendment or group of amendments should be accepted or rejected.
Stage 2 is expected to be completed by 8 June 2022
Timetable
The Parliament agreed that consideration of the Gender Recognition Reform (Scotland) Bill at stage 2 be completed by 23 November 2022.
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to the Convener of the Equalities, Human Rights and Civil Justice Committee, 29 November 2022
Letter from the Cabinet Secretary for Social Justice, Housing and Local Government to Pam Duncan-Glancy MSP, 22 November 2022
Gender Recognition Reform (Scotland) Bill revised explanatory notes (689KB, pdf) posted 18 August 2022
Gender Recognition Reform (Scotland) Bill supplementary financial memorandum (689KB, pdf) posted 18 August 2022
The Bill ended Stage 2 on 22 November 2022
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
MSPs had until 29 June 2022 to submit amendments. Those which have been “selected” (chosen for debate) by the Presiding Officer will be considered during a debate in the Chamber about the Bill
Scottish Parliament research on the Bill
Read additional research done by the Scottish Parliament on specific parts of the Bill.
Briefing on the Gender Recognition Reform (Scotland) Bill prior to Stage 3
Documents with the amendments considered on 20 and 21 December 2022.
Marshalled List of Amendments for Stage 3
Timed Groupings of Amendments for Stage 3 (104KB, pdf) posted 21 June 2022
Read the Official Report of the meeting
Minutes of Proceedings (689KB, pdf) posted 18 August 2022
Result 86 for, 39 against, 0 abstained, 4 did not vote Agreed
See further details of the motion
Section 35 Order
The Secretary of State for Scotland has made an Order under section 35 of the Scotland Act 1998 that prevents the Presiding Officer from submitting the Bill for Royal Assent. This means that the Bill cannot become law in its current form.
The Secretary of State’s reasons for making this are set out in schedule 2 of the Order.
Ministerial Statements
Gender Recognition Reform (Scotland) Bill: Section 35 Order - 19 April 2023
The Bill ended Stage 3 on 22 December 2022