Publication - FOI/EIR release

Transgender rights and equality: FOI release

Published: 6 Nov 2019

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
6 Nov 2019
Transgender rights and equality: FOI release
FOI reference: FOI/19/02175
Date received: 18 Sep 2019
Date responded: 14 Oct 2019
Information requested

Concerns raised with regards to transgender rights and equality.  

You asked for:

  • evidence of what the Scottish Government believes the concerns are, and how the Scottish Government has been made aware of them
  • evidence of how the Scottish Government has sought to understand them
  • evidence of how the Scottish Government is seeking to address these concerns
Response

On evidence on what the Scottish Government believes the concerns are, and how the Scottish Government has been made aware of them

The Scottish Government carried out a consultation on the review of the Gender Recognition Act 2004 (“the 2004 Act”).   This consultation can be found at https://consult.gov.scot/family-law/review-of-the-gender-recognition-act-2004/

At the link above, you can also find organisational responses and an analysis of all the responses.  This analysis covers points made both by those in favour of reforming the 2004 Act and by those against.

In addition, the Cabinet Secretary for Social Security and Older People, Shirley-Anne Somerville, has met a variety of bodies to discuss the proposed reform of the 2004 Act.   Information on this was provided in answer to a recent Parliamentary Question in the Scottish Parliament: https://www.parliament.scot/parliamentarybusiness/28877.aspx?SearchType=Advance&ReferenceNumbers=S5W-25080&ResultsPerPage=10

The Scottish Government has also received correspondence on the proposed reform of the 2004 Act. A recent FOISA response on correspondence received since 20 June 2019 has been published and is available at https://www.gov.scot/publications/foi-201900003522/

On evidence about how the Scottish Government has sought to understand concerns

The Cabinet Secretary made a statement to Parliament on reform of the 2004 Act on 20 June 2019.  This statement is available at: https://www.gov.scot/publications/statement-gender-recognition/   It outlined both points raised with the Scottish Government and next steps.

On evidence on how the Scottish Government is seeking to address these concerns

The Cabinet Secretary announced in her statement that the Scottish Government will consult later this year on a draft Gender Recognition (Scotland) Bill. This consultation will include draft impact assessments, including a comprehensive updated Equality Impact Assessment, to ensure that all rights are protected in a balanced way. 

The Cabinet Secretary also announced other steps, including the preparation of guidance so that policy makers and service providers better understand how to ensure that the rights of both women and trans people can be collectively realised.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG