EHRC demands clarity over impact of Scot Govt’s gender self-ID plans

The Scottish Government’s plans to allow people as young as 16 to choose their own legal sex could impact the rest of Great Britain, the Equality and Human Rights Commission (EHRC) has warned.

Writing for The House magazine online, EHRC chief Baroness Falkner of Margravine raised the potential implications of having two conflicting systems in Great Britain for obtaining a Gender Recognition Certificate (GRC).

The proposed legislation in Scotland makes it much easier to obtain a GRC – thereby changing legal sex – by removing the need for medical evidence and reducing the two-year waiting period to three months. It even extends ‘sex swaps’ to 16-year-olds.

‘Impact’

Lady Falkner said that under the proposals, the legal status of those with Scottish GRCs would be uncertain in England and Wales and there could be “confusion on the part of employers and service providers to have to navigate two systems”.

The head of the EHRC emphasised that “it is important to listen to those who have concerns”, and “reassure the public that there will not be unintended negative consequences” of the proposed legislation.

Lady Falkner has written to the Scottish and Westminster Goverments “to set out the possible impact of the reforms on the operation of the Equality Act across Britain”, and called for them to “minimise uncertainty and effectively protect the rights of everyone”.

She also highlighted that the 2021 British Social Attitudes survey showed that support for easier sex changes has fallen.

Opposition

Last week, a Holyrood committee backed the Scottish Government’s radical gender reform plans despite opposition.

The Equalities, Human Rights and Civil Justice Committee voted by a majority of five to two that the general principles of the Gender Recognition Reform (Scotland) Bill be approved.

The Committee reported that it had received 10,800 individual responses to its “call for views” on Gender Recognition Reform. “Of these”, it said, “59% disagreed with the overall purpose of the Bill; 38% agreed; and 3% indicated that they did not know”.