Final Holyrood vote on gender reforms delayed

A final vote on controversial gender reforms has been delayed until Thursday.

MSPs were due to vote on the Gender Recognition Reform (Scotland) Bill on Wednesday after the consideration of amendments but the time taken to debate changes has meant the stage three vote will take place on Thursday afternoon.

The timetable switch was announced around 8pm on Wednesday after a meeting with party business managers, with consideration of amendments to take place into the night.

The Bill would make it easier for trans people to obtain a gender recognition certificate.

Despite being one of the most controversial Bills since devolution, the legislation is expected to pass when it comes to a final vote as a result of support within the SNP, Labour, Greens and Lib Dems.

But the Bill does create a disciplinary issue for the SNP.

Throughout proceedings, the Scottish Tories have made apparent attempts to make consideration take as long as possible with the raising of repeated points of order and pushing every amendment to a vote, even if the proposer chose not to do so.

Party leader Douglas Ross was even told he was close to “contempt of parliament” by the Deputy Presiding Officer after repeatedly pushing for a fuller explanation as to why a late amendment tabled by one of his MSPs would not be taken in the chamber.

The final week of the legislation came against the backdrop of public shows of both support and opposition outside the Scottish Parliament, with a number of rallies held and cries of “shame on all of you” from the public gallery on Tuesday when an amendment that would prevent sex offenders from applying for a GRC was voted down.

The Bill will remove the need for a medical diagnosis of gender dysphoria currently required to receive a gender recognition certificate (GRC).

It would also lower the minimum age for applicants to 16 and drop the time required for an applicant to live in their acquired gender from two years to three months – six for people aged 16 and 17 – though with a three-month reflection period.

On Tuesday, MSPs backed a change tabled by SNP MSP Gillian Martin to the law which means anyone subject to a sexual harm prevention order or sexual offences prevention order will not be allowed to seek a GRC.

Meanwhile, a push by another SNP MSP to ensure applications are paused if an applicant is charged with a sexual offence until their case is disposed of divided members by 61 votes to 61 – as is customary Deputy Presiding Officer Liam McArthur used his casting vote against the change.

Its passage could raise further disciplinary issues within the SNP, with seven MSPs from the ruling party voting against it – including minister Ash Regan, who was forced to quit – and two others abstaining at stage one.

Ms Regan said during the consideration of amendments that she would not be supporting the Bill while fellow SNP MSP Kenneth Gibson hinted he would again rebel against it. Fergus Ewing and Michelle Thomson, meanwhile, spoke in favour of amendments the Scottish Government opposed.

Speaking in favour of her own amendments to the Bill, Ms Regan said the legislation would put the safety of women and girls at risk.

“I would say to my fellow parliamentarians – it boils down to this – do you think women will be more or less safe as a result of this law?” she said.

“And if you have any doubt, any doubt at all that it will make women and girls less safe, then you cannot vote for it.”

After her comments, the presiding officer, Alison Johnstone, was forced to suspend proceedings for around a minute due to shouting of support from the public gallery.

Speaking ahead of Wednesday’s consideration of amendments, Social Justice Secretary Shona Robison urged fellow MSPs to back the legislation.

“Trans rights are not in competition with women’s rights, and as we have seen in the past, rights can be improved for everyone when those discriminated against and who face prejudice work together as allies.

“These reforms are supported by a majority in Parliament and members of all parties. I urge all members to vote in favour of these important reforms on what will be an historic day for equality in Scotland.”