Making sense of the Scottish Gender Reassignment Reform Bill.

I wonder what you must be thinking today if you are a learning development professional, or a D&I specialist, or a C-Suite executive after reading the reports on the UK Government's decision to block the Scottish Governments democratically passed Gender Recognition Reform Bill.

We all assume that government ministers know what they are talking about – but I can assure you that in this instance that is not the case. The only senior minister talking any sense is the Scottish First Minister, Nicola Sturgeon, who has made it clear that the Gender Recognition Reform Bill will have no effect on the Equality Act and has been passed after intense and lengthy scrutiny by MSPs from all parties.

As a trans woman with a MSc in Gender Research and 20 year’s experience in training and advising on transgender issues, let me try to clarify what is happening and why, right now, it is really important for all organisations to make sure that their staff receive unbiased transgender awareness training to avoid damaging your reputation and workplace inclusivity.

The Scottish bill is a revision of the Gender Recognition Act 2004, and the UK was planning to do the same until Liz Truss and Kemi Badenoch, the UK ministers responsible for equalities, decided to abandon the review and just make a few cosmetic changes. The minister clearly driving this agenda is Badenoch who is not transphobic as some have suggested. This appalling woman clearly hates trans people and has done everything possible to ensure that key equalities posts are filled by people with similar anti-trans beliefs.

The aim of the reform is to make the administrative process of securing a gender recognition certificate easier, less bureaucratic, less expensive and quicker. Any trans person can still apply for a Gender Recognition Certificate (GRC) which enables them to

• update their birth or adoption certificate, if it was registered in the UK
• get married or form a civil partnership in their affirmed gender
• update their marriage or civil partnership certificate, if it was registered in the UK
• have their affirmed gender on their death certificate when they die

It does not affect the gender shown on a passport or driving license or NHS registration all of which can be changed by completing appropriate application forms – ie by self identification

At present to secure a GRC an individual must

• be aged 18 or over
• have been diagnosed with?gender dysphoria?in the UK
• have been living in their affirmed gender for at least 2 years
• intend to live in this gender for the rest of their life

Their application to the Gender Panel must include reports from two medical practitioners, one of whom is a gender specialist and can provide details of the gender dysphoria diagnosis, although there is no requirement for the trans person to have undergone any form of surgical or hormonal treatment, they just have to have been diagnosed with gender dysphoria. These reports often have to be paid for even when supplied by the NHS.

They must also provide evidence of living in their affirmed gender for 2 years.?This generally means that they have changed their passport and other identity documents to their new gender. The panel wants to see at least one piece of evidence for every three months of the two years which clearly shows the affirmed gender, ie the name, or title or gender.

Finally, they have to swear a statutory declaration that they are making this change for life (essentially self-identification) and pay a fee of ￡5.

The problem is that getting to see an NHS gender dysphoria specialist takes at least 4 years, the assessment process can take 6 to 12 months. The NHS will not usually put anyone onto the “care path” for 2 years. In addition, the Gender Panel takes at least 22 months to review an application.

As a result of the complex requirements and long delays, most trans people simply don’t bother. They already self-identify in their preferred gender, and the process is just too unwieldy. I was lucky and was able to apply for my GRC at the beginning in 2005, when the process was less bureaucratic. However, I have never needed my GRC.

All the fears that predatory men will pose as women to invade safe spaces and be a threat to women and girls are not new, it’s just that there is no evidence that trans women are a threat to women and girls. Yes, there are trans women who are in prison - according to government statistics, right now there are 145, of which less than 5 are in women's prisons. These figures do change constantly but I have been unable to verify the often startling statistics quoted by some anti trans pressure groups. ?

The right to change gender has been available for nearly 20 years and there is no evidence of trans women using this to abuse women or girls. ?18 countries have now introduced self-identification without medical evidence and they have not experienced any problems.?More countries are now planning to do the same, but instead of seeing this as evidence that there really is no problem, Badenoch now plans to refuse to accept GRCs from any country that allows self-identification without medical evidence, effectively banning trans people from safely travelling to the UK.

This blatant discrimination against trans people by the Minister for Women and Equalities, supported by the prime minister and others, will have a hugely negative impact on Britain’s image in the world. In 2005 we were considered one of the safest and most progressive countries from an equalities perspective. Now, as far as trans rights are concerned, we are just above Russia and Serbia.

So, what was Scotland trying to do.

• Reduce the age at which someone can apply for a legal change to 16
• Remove the requirement for a gender dysphoria diagnosis, given that it takes often 6 years to get one and do away with the medical reports given that they are not really required, anyway
• Reduce the time living in their affirmed gender to 3 months, or 6 months if under 18 years old.

And that’s it. We already have self-identification because it is part of the current requirements. The Scottish bill retains the statutory declaration so trans people will continue to have to swear that they are making this change for life, and making a false declaration is a criminal offence. That doesn’t mean you can’t change your mind, but it does mean that you can’t keep swapping back and forth.

The decision by the UK government to use section 35 of the Scotland Act for the first time to block the passage of legislation passed by the Scottish parliament is likely to have consequences far greater than angering the trans community. The Scottish parliament sees this as a direct attack on devolution throwing us into a constitutional crisis that is very likely to accelerate the possibility of Scottish Independence. ?

Why the government would risk the entire Union for what is an administrative bill to simplify an unnecessarily complex process for an already vulnerable community, is difficult to understand. The behaviour of Badenoch and her anti trans brigade has already done immense harm to the trans community with many now beginning to hide their trans identity for fear of harassment and hate crime. Will we now be blamed for the breakup of the United Kingdom?

Next month is LGBT History month and a great time to focus on all forms of LGBTQ awareness training. But in the light of the current attacks on Trans people and the huge levels of misinformation being promoted by senior ministers and anti-trans lobby groups I think it is important to ensure that your staff are given the opportunity to explore the issues.

If you would like to speak to me and discuss how I can help deliver virtual or in person unbiased LGBTQ inclusive training to your staff please book a free, no obligation call with me ?https://calendly.com/rikkiarundel/speaking-discovery-call

#genderrecognitionact #GRA #GRC #LGBTHistory #genderspeaker #rikkiarundel