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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 26 November 2024
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Displaying 1909 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I want to go back to something that we discussed earlier. We had a consultation, and 59 per cent of people who spoke about the bill opposed the principles of the bill. It was quite a considerable number.

In relation to the Equality Act 2010 and the women who are concerned about safeguards and opt-outs on a single-sex basis, if the proposed reform happens, do you think—looking through a human rights lens—that those exemptions, as Amnesty International Scotland described them, should be justified on the basis of less stringent criteria? Amnesty did not say that—I will get this right for the convener. It said:

“those exemptions must be justified on the basis of quite stringent criteria.”—[Official Report, Equalities, Human Rights and Civil Justice Committee, 31 May 2022; c 58.]

From a human rights angle, do you think that, in terms of women’s views on safeguards and opt-outs, those should be made simpler in law, so that the exemptions are there and those women feel protected, for the reasons that we are hearing?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Thank you for that. On the requirement for documentation in countries such as Croatia, Finland and Germany, why did those countries come to that decision, unlike the examples that you have given, where no medical documentation is required?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

This morning, the Scottish Human Rights Commission suggested that we should have a post-legislative review. Has that happened anywhere else? Are there any international comparisons?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I am not sure whether that is based on puberty or social capacities, but perhaps the committee could look at that.

I have asked all our witnesses about the Cass review. A lot more young people are accessing gender identity services in England. Should our reforms be paused to take account of the full report of the Cass review, rather than just the interim report?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I will ask one more question. Do you feel that we are ready for this reform? So many people are concerned about the resource, given the number of people who are self-identifying, as stated in the Cass report, and who are seeking help from gender identification clinics. Do you think that we are really ready for this, without the resource to provide support to people?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I completely agree with that. Other members need to ask questions, so I shall leave it there.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

[Inaudible.]—then, in evidence, suggested that more research needs to be done by the Scottish Government.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Yes, and that is relevant to the committee’s evidence gathering.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Do I have time to ask another quick question, convener?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Convener, I do not know whether anybody is planning to ask about the issue of age. It came up in the previous evidence session, with regard to evolving capacity.