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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 21 June 2025
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Displaying 1943 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

[Inaudible.]—then, in evidence, suggested that more research needs to be done by the Scottish Government.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Yes, and that is relevant to the committee’s evidence gathering.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Do I have time to ask another quick question, convener?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Convener, I do not know whether anybody is planning to ask about the issue of age. It came up in the previous evidence session, with regard to evolving capacity.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

Can you explain that, because I am finding it difficult to understand?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I will leave it there but, unfortunately, there are people who are self-excluding because they do not want to come out and say what they are experiencing. As a result, they do not access services because of their fears or concerns. That is just one side of the argument.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I want to ask about your experience of different international models. Obviously, jurisdictions across the world are very different.

Can you talk us through how you see the differences between Scotland and other jurisdictions? For example, you said that in some of the countries that now have self-ID, medical documentation might have to be produced. There is not a standardised approach. How can we learn from the various examples? Do you have a favoured country that has taken an approach that you agree with? On what principle has that been established?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I will say it again. What did you mean by “unintended consequences” of not specifically collecting data by gender and sex, under section 9, which you mentioned?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

I will ask Robin White a similar question. You used the example of burglary to talk about the collection of sex data. On the basis of what Professor Sullivan just said regarding the unintended consequences, are there other areas in which you might differ in terms of the collection of data and the definition of sex and gender in that regard? Could you also comment on why it would not be right for Police Scotland to collect data on sex when it comes to more serious crimes such as domestic violence, murder, rape and abuse?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 21 June 2022

Rachael Hamilton

It was about my take on the issue. Obviously, everyone has human rights and everyone has concerns about those, regardless of whether they are trying to better trans rights or to protect women’s rights. That is how it is, as the committee has heard. Should the exemptions that are set out in the Equality Act 2010 be looked at from the point of view of how we are evolving as a society? Given the different asks of people, the law needs to move on. Do you have an opinion on that?