The Scottish Government argues that its proposed reforms to the Gender Recognition Act 2004 (GRA), which open up Gender Recognition Certificates (GRC) to a much larger, more diverse group of people, do not affect who can access to single sex…
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MBM response to the introduction of the Gender Recognition Reform (Scotland) Bill
Today’s statement and the response in Parliament lays to rest any argument that legislation in this area should not be properly debated. We were pleased that MSPs across the Chamber recognised that this Bill needs to be scrutinised like any…
Read More MBM response to the introduction of the Gender Recognition Reform (Scotland) Bill
Gender recognition reform: 14 unanswered questions
1. What are the legal effects of a Gender Recognition Certificate? The Scottish Government has not explained on what basis it believes that a Gender Recognition Certificate (GRC) confers no new rights, has no implications for other people, or why…
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Two recent court rulings in Scotland: bad news for Scotland’s census but good news for public data collection
This blog considers two recent rulings by the Inner House of the Court of Session. These are the ruling in the Appeal case brought by For Women Scotland (FWS), which sought to overturn an earlier judgment in favour of the Scottish…
MBM response to the Fair Play for Women census appeal outcome
We share the surprise and disappointment at this decision expressed by FPFW. This was an important case to pursue. The ruling means that the category of 'sex' will now measure something different in Scotland’s census outputs, compared to other parts…
Read More MBM response to the Fair Play for Women census appeal outcome
“By the summer” Will the GRA Bill be denied proper parliamentary scrutiny?
On 26 January 2022, the EHRC wrote to the Scottish Government setting out its position on GRA reform. The letter followed on from a meeting between the Commission and Ministers a few days earlier. The Commission raised a number of…
Read More “By the summer” Will the GRA Bill be denied proper parliamentary scrutiny?
The room where it happens
Drawing on a recent Freedom of Information (FOI) response, this blog looks at the pattern and substance of Scottish Government meetings on gender recognition reform between May and December 2021. We describe what meetings took place, at whose initiative, what…
Gender recognition reform and unanswered questions
This blog records our meetings with the Scottish Government about reform of the Gender Recognition Act (GRA) and our associated correspondence. It shows that despite two public consultations, both of which received an unusually large number of responses, the Scottish…
Read More Gender recognition reform and unanswered questions
‘Hate incidents’ and freedom of expression: updated 10 April 2022
Note added 10 April 2022 This blog provides a detailed discussion of police recording practices in Scotland in relation to "non-crime hate incidents". It was originally published on 29 January 2022, taking as its starting point an article published in…
Read More ‘Hate incidents’ and freedom of expression: updated 10 April 2022
Joint statement on Scottish Government plans to legislate for the self-declaration of sex
We are pleased that the Equality and Human Rights Commission (EHRC) has intervened to draw attention to concerns around current plans for reform of the Gender Recognition Act (GRA) in Scotland, and to advise that “more detailed consideration is needed…
Read More Joint statement on Scottish Government plans to legislate for the self-declaration of sex