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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 3 April 2025
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Displaying 302 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Roz McCall

I welcome the cabinet secretary’s remarks, for which I thank her. I accept the offer to work with her to improve the Government’s amendments at stage 3, so I will support her amendments in this group.

I seek to withdraw amendment 83.

Amendment 83, by agreement, withdrawn.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Roz McCall

I clarify to members of the committee that my amendments are probing ones to ascertain from the cabinet secretary her views on the principle of overseas gender certificate recognition, so I do not intend to press them. However, I hope that the cabinet secretary can provide some answers.

The amendments would do different things. One would remove the process of overseas gender recognition entirely. Essentially, that would mean that we would revert to the status quo position in which a person would have to obtain a gender recognition certificate through the process that is outlined in the bill without any bespoke overseas recognition process. That is currently the case across the United Kingdom.

Amendment 93 would, in effect, ensure that somebody moving to Scotland from overseas would not have any more or fewer rights than anybody who currently resides in Scotland. That is the important part.

The intention of the other amendments in the group is to allow “approved countries” to have the process of overseas gender recognition, whereas everyone else would have to go through the process to obtain a gender recognition certificate. That was to outline an alternative to the committee, rather than remove the overseas gender recognition provision from the bill in its entirety. However, as previously mentioned, I do not intend to press the amendments at this stage.

As the bill will introduce a new process for overseas gender recognition, it is important that we get on record the cabinet secretary’s view on the need for that provision and the safeguards that are required if it is to proceed into law. I ask the cabinet secretary what the Scottish Government’s justification is for introducing the new process of overseas recognition for gender certificates. Does she agree that the bill, as currently drafted, does not include adequate safeguards to prevent bad actors from exploiting the overseas recognition provisions as they currently stand? Is she willing to strengthen the safeguards in that part of the bill? Does she see any merit in the proposed outlines in my amendments that she could support if their technical drafting were improved?

I move amendment 83.