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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 8 August 2025
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Displaying 617 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Sarah Boyack

You said that words in my amendment were legally challengeable, and you specified “appropriate support”. What would be legally challengeable in that phrase? I kept it so that it is not heavily detailed in order to give you flexibility in defining what would be appropriate—it would be for ministers to judge what was appropriate.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Sarah Boyack

It is good to hear people’s views on the matter. I have no objection to Christine Grahame’s amendment. It is good, because it would provide a formal process for applying for a gender recognition certificate, but there are wider issues to address before someone gets to that stage, when they need information and support.

Having a wider range of support is critical, which is why I was keen for Scottish ministers to be able to decide what the steps are. For example, there is interdepartmental work across different Government departments such as education and health where wider support is needed. We must also think about the range of available support, because the Scottish Government will no doubt fund the provision of support, not only within Government but with third sector organisations and charities, which the Government does already. I was trying to be helpful in saying that that does not happen at the moment.

12:15  

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Sarah Boyack

I heard that debate.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Sarah Boyack

I was listening to it in my office. I totally welcome that provision, but the people who came to me were not young. It is particularly an issue for young people—16, 17 and 18-year-olds—but there are older people who need such advice. I think that the advice that you have recommended in relation to the registrar general is good, but there is other advice that is needed. In particular, a range of mental health support and counselling is needed, as well as wider advice. That advice would be provided by a range of organisations, voluntary and statutory.

Amendment 128 is meant to be a constructive amendment. If the cabinet secretary is saying that the use of the term “appropriate” is what is wrong with my amendment and that she is prepared to discuss that, I would be prepared to seek to withdraw it today and to come back to the issue at stage 3.

I simply wanted to clarify that I do not see amendment 128 as replicating amendment 71 or amendment 39, both of which are good amendments. Amendment 128 takes those provisions further and opens out support to the wider community of people who need it.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Sarah Boyack

Absolutely. Those organisations will change over the years. There is no set or perfect list of organisations. I think that the bill will lead to more organisations providing support. The issue is how people know that they exist. That is the issue that I sought to address by lodging amendment 128.

On that basis, I seek to withdraw amendment 128, but I intend to come back to the issue at stage 3, after having had conversations with the cabinet secretary.

Amendment 128, by agreement, withdrawn.

Section 5—Statutory declarations and other evidence in relation to marriage or civil partnership

Amendment 5 not moved.

Section 5 agreed to.

Section 6—Certificate to be issued

Amendment 6 not moved.

Section 6 agreed to.

After section 6

Amendment 49 moved—Shona Robison—and agreed to.

Section 7—Issue of full gender recognition certificate to person with interim certificate

Amendments 50 to 52 moved—Shona Robison—and agreed to.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 2

Meeting date: 15 November 2022

Sarah Boyack

If the cabinet secretary is prepared to discuss the term “appropriate”, I am happy to seek to withdraw amendment 128. Cabinet secretary, are you objecting totally to amendment 128, or are you prepared to discuss the term that you identified in your comments?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 10 November 2022

Sarah Boyack

Dr Hood, do you want to respond on that issue? We are now six years on from the vote, and suddenly all this legislation has to be wrapped up in a year. It will be incredibly hard for us to scrutinise it. What would your advice to the Scottish Parliament be on ensuring that we do not miss out on any vital legislation that might change people’s lives here?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 10 November 2022

Sarah Boyack

Perhaps I can follow up on those comments with Mr Livingstone, given his remarks about risk and uncertainty. What risk assessments should we, as parliamentarians, be carrying out to identify elements of the legislation that might be most vulnerable in the process?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 10 November 2022

Sarah Boyack

Dr Hancox, you gave us an interesting set of thoughts about what we should be thinking about. Do you have any comments about what we should be doing? Should the legislation go through as is?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 10 November 2022

Sarah Boyack

Professor Young, do you have any comments about what we should be doing to attempt to mitigate the potentially damaging impact of the bill?