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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 4 May 2021
  6. Current session: 13 May 2021 to 28 December 2025
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Displaying 2063 contributions

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Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

I have a question on acquired gender, convener. A trans woman raised the definition of acquired gender in committee and put the question back to the female witnesses by asking them what traits they demonstrate that confirm that they are living as women. For the purposes of the bill, and if we are to reform the legislation and make it better, does the Government consider that there should be a definition of “acquired gender”?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

This is a supplementary question on the cross-border effect, which I indicated to the convener that I would ask. Cabinet secretary, why has the EHRC said that there are implications for potential divergence from the Equality Act 2010 on services—which you have mentioned a number of—such as cross-border employment and education services and on single-sex exemptions?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

We actually had sight of that last night.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

Okay. Have you had a conversation with the UK Government regarding the effect of the bill on the rest of the UK?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 28 June 2022

Rachael Hamilton

Do you see a risk in not considering that you may need a section 104 order before the bill goes through?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Okay. I have two more questions.

I noted that, within the Irish Gender Recognition Act 2015, there was a reporting process, which required the Minister for Social Protection

“to prepare a report on the performance of his or her function under the act in the immediately preceding year”.

Unfortunately, I have not had time to look at that report, but is it laid every year? What did it find? Did it find that there were things that you could have done better, which you could recommend for this Parliament to do?

I also want to ask you about prison, so I will do that now. I am sort of looking at the unintended consequences of some of the act.

I wondered about the analysis that you did. We know not to underestimate the number of women who are in prison because they were not able to prove self-defence in domestic abuse. You referred to cases in Ireland of males with gender recognition certificates being sent to prison. Did you do any analysis prior to, or during, the evidence sessions on your bill to work out the impact of housing males with GRCs in female prisons?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

I will interrupt you there, since you said that we could.

It is interesting that you said that, because it seems that you regretted the wording in the census. We have been talking about that a lot. How do you think that the different terms that are used in data collection impact on policy development, for example in health and criminal justice?

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Thanks.

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Good afternoon, Senator Doherty. In your opening statement, what did you mean when you said that there are attempts to repeal the Irish Gender Recognition Act 2015 and that you might have a summer of discontent?

15:30  

Equalities, Human Rights and Civil Justice Committee

Gender Recognition Reform (Scotland) Bill: Stage 1

Meeting date: 22 June 2022

Rachael Hamilton

Sorry, Senator Doherty. In your answer to Karen Adam’s question, or in your opening statement, you stated that your bill was a great piece of legislation but it was for a very tiny number of people. Now you are arguing the opposite: that it is a tiny number of people who may be affected in a prison setting, for example. It is not like for like in terms of the argument that you are making.