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That is why I have mentioned the Equality and Human Rights Commission’s guidance. It is the body that gives guidance on the Equality Act 2010, because it deals with reserved matters.

In recognition of some of the challenges facing employers, the EHRC provided guidance on the existing provisions; that was in advance of any changes that we have made to the 2004 act. We need to bear in mind that not everyone who is living as a trans woman or a trans man, including those working in public services, has a gender recognition certificate, and the guidance covers the whole situation, whether or not they have a GRC. The guidance would still be required, irrespective of whether we had this bill.

The EHRC gives guidance to employers on the balance and proportionality required with having an exception under the 2010 act. The exception is there to use, and the NHS can use it, if it is proportionate to do so. I do not think that any guidance that we could provide would make the position any clearer, to be honest. In any case, the EHRC is the body that provides that guidance to public bodies.

I can absolutely confirm that, because that is what the Equality Act 2010 says. As I have said quite a few times now, the bill changes none of the protections and exemptions under the 2010 act, so I can absolutely say that. Public bodies should look to the guidance in applying those provisions to their own particular circumstances. That has to be proportionate, as Daniel Johnson has just outlined. All of those provisions are there, and I can confirm, on the point that I think Pauline McNeill made, when asking me a question—

First, I say that I have been taking notes of the points that have been made by members throughout what has been quite a lengthy discussion. I occasionally consulted with officials on those points, which I would have thought was an entirely appropriate thing to do.

I turn to the amendments on the bill’s interaction with the Equality Act 2010. I support amendment 37. I cannot support any of the other amendments in the group and consider some of them to be outwith legislative competence.

In connection with Pam Duncan-Glancy’s amendment 37, it is appropriate that I provide the committee with an explanation of the way in which the bill does not modify the 2010 act and of the way in which, although a GRC can affect the treatment of people in accordance with the 2010 act, the bill does not change the effects of obtaining a GRC.

As I have said before, the bill does not modify the reserved provisions of the 2010 act, which includes not changing the protected characteristics and the single-sex exceptions under the act. In line with that, amendment 37 uses the word “modifies”, which has a technical meaning that refers to modifying rules of law by means of a textual amendment, repeal or otherwise.

As I also confirmed in the stage 1 debate, the effect of a GRC on the sex of a person for the purposes of the protected characteristic of sex is not changed by the bill. The effects of a GRC were provided for in the 2004 act, and those effects are not changed by the bill. The effect of a GRC on the protected characteristic of sex is a matter of the application of the rules in the 2010 act, and those are not altered by the bill.

The application of the rules in the 2010 act is not for the Scottish Government to explain or advise on—for very good reason, because, as I have explained previously, the provisions of that act are reserved. The Equality and Human Rights Commission, as a reserved body, and not the Scottish ministers, provides a code of practice—[Interruption.]

The EHRC’s position is on the effect of a gender recognition certificate. As it has stated—I think that its position is on its website—the bill changes none of that.

I will not comment on the court case, other than to say that our position is exactly the same as the EHRC’s position, which the member has agreed with on many occasions—

We are not changing the effect of obtaining a GRC. The effects of that are laid down in the 2004 act. That will not change at all; the effects are exactly the same. That is the position.

In terms of the practical effects to which Daniel Johnson referred, as I have said previously, the guidance is led by the EHRC. If he is asking me whether we intend to or would be prepared to work with the EHRC on whether the guidance needs updating after the passing of the bill, the Government would of course be more than happy to do that. However, such work would have to be led by the EHRC, because it is the lead body in terms of the guidance.

If the member is asking me whether we will work with the EHRC if the guidance needs to be updated in light of the passing of the bill, I gave a commitment that we will do that.

—and guidance on the effects of the 2010 act. The bill also does not change the provisions on the protected characteristic of gender reassignment that are contained in the 2010 act.

Convener, would you like me to finish?

What is my interpretation of the 2010 act? Do you mean in its entirety?

I will try to come back on all the points and questions that have been raised before making final comments on the other amendments.

On Rachael Hamilton’s question, it is worth pointing out that, under the Equality Act 2010, sex and gender reassignment are protected characteristics and that gender reassignment protection applies whether or not someone has a GRC.

On the point about the 2004 act and the effect of obtaining a GRC, the position is as set out in section 9 of the 2004 act. Nothing in the bill changes that. Essentially, that enables people to change their birth certificate to be in line with their acquired gender. That has been the case for 18 years, and that remains the same.

I will not comment on the court case, other than to say that the position of the Scottish Government is exactly the same as the position that the Equality and Human Rights Commission set out in court. We agreed with that position; there is no difference in position.

Okay, and then I will come back to my point.

It is also important that, with such tiny numbers, we do not identify a person.