Briefing Note: Impact of Gender Recognition Reform on Sex Based Rights

This briefing note provided to us by Employment Solicitor Rebecca Bull examines the interaction between the Equality Act 2010 (“EqA 2010”) and the Gender Recognition Act 2004 (“GRA 2004”). The note can be accessed here: Impact of gender recognition on…

MBM view on proposals for the sex question in the UK 2021 census

This briefing examines the guidance proposed by UK census authorities to accompany the sex question. We argue that the UK is currently at risk of losing meaningful data on a key demographic variable used by policy-makers and statisticians, and recommend…

Gender recognition reform in Belgium: lessons for Scotland

This briefing looks at gender recognition reform in Belgium and draws lessons for Scotland. Gender recognition reform in Belgium: Lessons for Scotland The analysis is based on data published by the Belgium Institute for the Equality of Women and Men…

The placement of trans prisoners

In response to a parliamentary question by Johann Lamont MSP on how acquisition of a gender recognition certificate (GRC) affects a prisoner’s legal rights in relation to accommodation, the Cabinet Secretary for Justice stated that ‘Acquiring a gender recognition certificate…

Losing consensus on the census

Within the last fifteen months, an intense debate has broken out over whether the sex question in the 2021 census should be framed in terms of self-declared gender identity, legal or biological sex. We think that this loss of consensus…

Gender Recognition Act reform: The purpose of the GRA

Background 1.  In December 2019 the Scottish Government published its draft Bill on reforming the Gender Recognition Act 2004 (GRA) and opened its plans to consultation. The draft Bill can be accessed here, the explanatory notes here, and the consultation…

Last chance saloon: preserving the integrity of the sex question in the 2021 census

Last month, following a parliamentary evidence session on the 2021 census, the Scottish Parliament's Culture, Tourism, Europe and External Affairs Committee (CTEEA) Committee wrote to the National Records of Scotland (NRS), asking for further clarification on several points. This blog discusses…

GRA reform and ‘International Best Practice’

Key points The Scottish Government has cited alignment with ‘international best practice’ as a rationale for reforming the Gender Recognition Act to allow for the statutory self-declaration of sex as a matter of law [or statutory self-declaration of gender] (“self-declaration”). The…

20 questions on GRA reform and gender self-declaration

The Government's Programme for Scotland 2019/2020 states that the Scottish Government will 'consult on the detail of a draft Gender Recognition Bill by the end of this year, setting out our proposals to reform the current process of obtaining a Gender…

Scotland’s Census 2021 Impact Assessments Stakeholder Survey: MBM response

We have completed the National Records of Scotland (NRS) online survey on the draft Equality Impact Assessment for Scotland's 2021 census. Our main substantive responses are shown below. Q. What do you think are the most significant impacts on you/your…

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