People aged 16 will be able to apply to change their gender in Scotland, while the time required for someone to live in their acquired gender is to be slashed to three months after a controversial bill was passed.
After two long days of debate in the Scottish Parliament, the Gender Recognition Reform (Scotland) Bill has been passed by 86 votes to 39.
The bill means:
• The minimum age at which someone can apply for a gender recognition certificate (GRC) will be lowered to 16 from 18.
• There will no longer be a need for a medical diagnosis of gender dysphoria in order to receive a GRC.
• The time required for an applicant to live in their acquired gender will be cut from two years to three months with a three-month reflection period (six months for 16 and 17-year-olds).
However, the bill might still face hold ups, with the UK government already suggesting it could block it gaining Royal Assent.
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After two long days of debate in the Scottish Parliament, the controversial Gender Recognition Reform (Scotland) Bill has passed.
The bill has proved to be one of the most controversial in Holyrood since devolution but it passed following support from many in the SNP, Greens, Labour and Liberal Democrats.
Protesters took part in demonstrations both for and against the bill outside Holyrood on Wednesday as MSPs went through the final amendments.
And as Alison Johnstone, Holyrood’s presiding officer, announced the result, there were shouts of “shame on you” from the public gallery.
Opponents have raised concerns over its impact on the safety of women and girls, arguing the bill should not have been passed as it fails to protect women’s rights and single-sex spaces.
The UN’s special rapporteur on violence against women and girls said the reforms could allow violent males to “abuse” the system.
But the Scottish government has insisted the legislation will not impact the UK’s Equality Act, which allows trans people to be excluded from single-sex spaces such as changing rooms and shelters.
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SNP on Scotland’s gender reforms
The bill also proved controversial as it means the laws in Scotland will now be different to the rest of the UK.
More than 60 of the 153 amendments were voted on in the first sitting on Tuesday, with the rest the day after.
There were protests from the public gallery when an amendment that would make it harder for sex offenders to apply for a GRC was voted down.
The Scottish Conservatives appeared to be attempting to make the proceedings last as long as possible, tabling four amendments, a motion and a number of points of order before the debate had started – meaning the sitting on Tuesday finished at 12.15am.
The next sitting, which began on Wednesday, ran even later eventually concluding at 1.15am on Thursday morning.
Supporters of the For Women Scotland and the Scottish Feminist Network in a protest ahead of the vote
While First Minister Nicola Sturgeon has been a strong supporter of the bill, not all in the SNP have toed the line, with seven MSPs from the ruling party voting against it and two others abstaining at stage one.
Minister Ash Regan was forced to quit over her objection.
MSPs backed a change on Tuesday which means anyone subject to a sexual harm prevention order or sexual offences prevention order will not be allowed to obtain a GRC.
An amendment to ensure applications are paused if an applicant is charged with a sexual offence until their case is disposed of divided members evenly, with the deputy presiding officer voting against it so it was not added to the bill.
The SNP deputy leader in Westminster, Mhairi Black, welcomed the passing of the bill on Twitter, posting the word “finally” along with a trans flag emoji.
Trans rights activist Dylan Hamilton told Sky News: “It [the bill] makes it easier for banking and easier to apply for a passport. I socially transitioned when I was 13, it was pretty obvious for me, I knew I wanted to transition.
“A GRC is sort of an administrative thing, it doesn’t affect your right to spaces, it’s not kind of a ‘pass to be trans’. Transwomen, transmen have been using the toilets of their choice for years, I know I have.”
However, the passage of the bill does not completely clear its path to the statute book.
The Scottish Secretary, Alister Jack, is now able to legally challenge the law if he believes it impacts on the UK, while private groups are also able to take legal action if they wish to do so.
In a statement after the final vote, Mr Jack said the UK government would consider taking it to the Supreme Court.
“We share the concerns that many people have regarding certain aspects of this bill, and in particular the safety issues for women and children,” he said.
“We will look closely at that, and also the ramifications for the 2010 Equality Act and other UK wide legislation, in the coming weeks – up to and including a Section 35 order stopping the bill going for Royal Assent if necessary.”
UK equalities minister Kemi Badenoch has also raised concerns about the impact of the bill on the rest of the country.
UK
‘Major incident’ declared in Northern Ireland as wildfire breaks out amid higher-than-normal temperatures
A major incident has been declared in Northern Ireland after a wildfire broke out, the latest in a series of blazes seen across the UK over the past week amid soaring temperatures.
More than 100 firefighters and 14 fire appliances were at the scene of the “significant” wildfire on Sandbank Road, Hilltown, Northern Ireland Fire and Rescue Service said.
The fire had a front of approximately two miles “including a large area of forestry close to property”, the service said.
The wildfire on Sandbank Road, Hilltown. Pic: Sky Watch NI
“Local residents are requested to avoid the area, a number of roads have been closed, to help support firefighting operations,” the fire service added.
“We ask that all members of the public remain particularly vigilant to the risk of fire at this time. We can reassure members of the public that normal service delivery is being maintained.”
More than 100 firefighters were at the scene of the fire. Pic: Sky Watch NI
Various fires erupted across England this week amid uncharacteristically warm and dry conditions for the time of year.
On Saturday, helicopters were deployed to tackle Scotland’s fourth wildfire this week, with police saying a blaze “which started in the Newton Stewart area has spread northwards and is expected to reach the Loch Doon area of East Ayrshire around 12am on Sunday”.
Police Scotland added: “As a precautionary measure members of the public are asked to avoid the Loch Doon area and anyone who may be camping in the area is advised to leave.”
Moors Valley Country Park blackened by fires this week
Elsewhere in England, Devon and Cornwall Police said they were assisting the fire service with temporary road closures on the A30 in the Bolventor area as they tackle “a number of fires” on moorland.
In Dorset, Moors Valley Country Park was forced to close after multiple wildfires broke out there on Wednesday.
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Separate incidents were then reported at Upton Heath in Poole on Wednesday, and nearby Canford Heath in the early hours of Thursday.
Friday was officially the warmest day of the year so far – with temperatures in the south of England reaching 23C (73.4F) – the highest since 21 September last year, according to the Met Office.
The weather conditions triggered a “severe” wildfire rating for parts of the UK on Tuesday.
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