Words by Genevieve Gunn
ScotlandÔÇÖs Gender Recognition Reform Bill was proposed with one goal in mind. Improve the lives of transgender people; by making the Gender Recognition Certificate (GRC), more accessible. HolyroodÔÇÖs aims were simple, they first wanted to lower the age at which one could apply for the certificate from 18 to 16, allowing young trans individuals the right to have their gender legally recognised. They also wanted to attenuate the (medical) evidence demanded of candidates to attain the GRC.
But on the 16th of January 2023, Westminster dashed any hope the Scottish government had in passing this bill into law when the countryÔÇÖs Secretary Allister Jack enacted Section 35 of the Scotland Act 1998. Preventing the bill from entering into law. This motion was, undeniably, ground-breaking, considering that this is the first time in the history of the devolved state that section 35 has been enacted. But what is this Section 35? Who on Earth is Allister Jack? And what does this mean for trans people across the UK?
To put it simply, Section 35 (in accordance with the Scotland Act of 1998) allows for the Secretary of State to prohibit any bill put forward by Scottish ministers from advancing to royal assent, under the condition that it could have an ÔÇ£adverse effect on the operation of the law as it applies to reserved mattersÔÇØ. The reserved matter here being on equalities-based legislation, as stated by Jack in his speech to parliament. This relates especially to the Equality Act, and the protection of ÔÇÿsingle-sex associationsÔÇÖ, as the enactment of this bill would prevent them from discriminating against trans people who have obtained a GRC (considering that ÔÇÿsexÔÇÖ is a protected characteristic).
This brings me to the role of ScotlandÔÇÖs Secretary of State, to simplify, this position was created following the devolution of power from Westminster to Holyrood in 1998, in order to foster relations between the two governments and ensure that both countriesÔÇÖ interests are represented in the other courts. It should come as no surprise then that this job is appointed by the UKÔÇÖs Prime Minister, and it should be even less of a surprise that Allister Jack, who has acted as Secretary since 2019, is a member of the Scottish Conservative party, reflective of the party in charge of the country since 2010. However, this is irreflective of the party in charge of the Scottish state, the SNP (Scottish National Party) ÔÇô which begs the question, which partyÔÇÖs views does Secretary Allister Jack really stand to represent?
Nonetheless, the policy statement that details why Section 35 was enacted, speaks about how this Bill acts as a threat to the safety of women and girls, due to the ÔÇ£significantly increased potential for fraudulent applications to be successfulÔÇØ, despite the fact that Holyrood had already put provisions in place, by making it an offence should false information be provided for the application of a GRC. One would think that this would deter people from trying to obtain such a certificate deceitfully, not only this but there is a 3 month reflection period once a person has requested one (which would be enforced had the bill passed). Therefore it can be assumed that this talk just echoes popular anti-trans rhetoric spouted by both TERFS (trans-exclusionary radical feminists) online and transphobes in the media. This seeks to harm trans women, who alike their other trans siblings, already face plenty of discrimination in all walks of life. The UK has become an increasingly dangerous place for the trans community, and many have even fled to other countries to escape the persecution they face. In fact, in 2009 a British trans woman applied for asylum in New Zealand following the abhorrent conditions she had been forced to endure here in the UK.
Moreover, if those suggesting that the safety of women and young girls is in danger at the hands of trans people should the bill be passed are wasting their time and energy. If they cared about violence towards women then they should focus their efforts on the impact of domestic violence, and their abuse at the hands of cisgender men. It is a heartbreaking but veritable statistic that, on average, two women are killed every week in the UK as a result of such violence. The home will always be a much more dangerous place than public bathrooms or changing rooms, and the only victims of such transphobic discussions are trans people themselves.
Many LGBTQ+ people across the UK have reacted very negatively to this news, speaking to some students of this community at the University one spoke of how ironic it was that devolution was okay until it came to the lives of trans people. Because this also brings into question the place of Scotland in the union of the British Isles. There is a growing sentiment of independence amongst Scottish people, and there is no doubt that this feeling will be further fuelled by WestminsterÔÇÖs decision to prohibit Scotland from the ability to determine its own laws.