Chamber and committees

Thank you. Commissioner, this is a big concern and a big question that everybody is asking. Can you give me your view on it?

Colin, do you have anything to add?

Going back to what Dr Crawford said about support and something that Vic Valentine said about having explainers, that suggests that you are looking at having a much wider support mechanism. If you are looking at people who have disabilities and need extra help, that cannot just be an explainer on a piece of paper. Support services will have to be provided to say what a GRC is and what it means. Am I right that you are saying that what is needed is more than just explainers and descriptions?

Yes.

I have a follow-up question. I asked the first panel a question about prisoner services. You mentioned a situation in which discrimination could occur, regardless of whether the person had a GRC. I will try to word this right: where does the onus lie when it comes to the Prison Service deciding where somebody should go?

Thank you.

If there was no GRC, how would one protect women prisoners from men who say that they are women in order to transfer prisons? What are your thoughts on that?

Thank you. Dr Crawford, do you have anything to add?

I thank Melanie Field for her opening statement. The Scottish Government asserts that the bill will not change rights under the 2010 act, but it has not produced a reasoned explanation for its position. The EHRC’s letter of July 2021 to the Trans Legal Project says:

“we think that it is unlikely that a trans person without a GRC can claim direct discrimination on the grounds of gender reassignment if they are denied access to a single or separate sex service that corresponds with their lived gender.”

The EHRC has since revisited its guidance on single-sex spaces and services. Will you provide an update on that?

Good morning, panel, and thank you for your opening statements.

I want to ask about lowering the minimum age at which a person can apply for legal gender recognition. I think that I am correct in saying that the Scottish Trans Alliance has welcomed that, but it has also stated:

“there should also be provisions for individuals struggling with their application to request support, and these should be especially sensitive to those under 18 who may be applying without the support of their parent or guardian.”

The alliance then goes on to say:

“explainers ... on ... what a GRC means, and how it could be used would ... be helpful”.

Do you think that, if individuals of a certain age are unable to understand

“what a GRC means, and how it could be used”

and require additional support to understand and submit an application, it might be unwise to lower the minimum age? That question is for Vic Valentine, first of all.