Scottish Government has 'no plans' to revive gender reform bill

The Scottish Government has “no plans” to revive its controversial reforms to make it easier for trans people to obtain a gender recognition certificate.

Social justice secretary Shirley-Anne Somerville addressed the Scottish Parliament for the first time since the landmark Supreme Court judgement last week that determined that the terms “woman” and “sex” in the 2010 Equality Act refer to biological women and sex.

This means it does not extend to a trans woman with a gender recognition certificate (GRC) and could have impacts on their use of single-sex spaces.

“We fully accept the Supreme Court judgment, and we have begun to analyse the impact,” Somerville said.

“We are amending the guidance on public boards’ legislation to take account of ruling.

“There has been commentary as to implications in respect of the Gender Recognition Reform Bill. This Bill was prevented from royal assent by an order made by the then secretary of state. Following the judgement last week, the Scottish Government has no plans to bring it back.”

Britain’s equality watchdog has announced new guidance for public bodies, employers, and the NHS about single-sex spaces will be published this summer in the wake of the judgement.

The Supreme Court’s ruling went against the previous guidance from the Scottish Government and follows a lengthy legal challenge by women’s rights campaigners For Women Scotland over the interpretation of anti-discrimination legislation.

The ruling has forced Scottish ministers to abandon their controversial Gender Recognition Reform (Scotland) Bill.

It attempted to make it easier for trans people to obtain a gender recognition certificate by removing the need for a medical diagnosis, and it was supported by a majority of MSPs in 2022.

However, the Bill was blocked from receiving royal assent and passing into law by the then secretary of state over fears it could impact on UK-wide equality legislation.

On Monday, Scottish Tory MSPs renewed their calls for the SNP Government to abandon the reforms.

“John Swinney and his SNP colleagues must recognise it is time to move on, enough is enough,” Scottish Conservative shadow equalities spokesperson Tess White said.

“They must rule out resurrecting Nicola Sturgeon’s gender reform bill under any guise and must now confirm they will instruct public bodies to adhere to this ruling.”

However, Somerville was “very clear” that the Scottish Government does not support the repeal of the Gender Recognition Act 2004.

She emphasised that the Scottish Government fully accepts the Supreme Court judgement and is taking the time to consider the implications.

The social justice secretary said she “immediately” requested an urgent meeting with the UK Government about the ruling last week, but has yet to receive a response.

Ministers will also be meeting with the Equality and Human Rights Commission (EHRC) on Thursday to discuss its progress towards issuing updated guidance for public bodies and employers by the summer.

“The issues that surround Supreme Court case are challenging and will need care consideration so the public sector can ensure the dignity and safety of everyone who uses their services,” Somerville said.

“It is vital the EHRC now issue clear, practice guidance in response to that judgment.

“I hope we can again move to a point where we focus on progressing equality for the people of Scotland – the pursuit of equality is not a contest between communities. It is a collective effort to build a fairer Scotland for all.”