Publication - FOI/EIR release

Gender Recognition Act 2004 public consultation response analysis: FOI release

Published: 10 Jun 2020

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

Published:
10 Jun 2020
Gender Recognition Act 2004 public consultation response analysis: FOI release
FOI reference: FOI/202000035101
Date received: 6 May 2020
Date responded: 4 Jun 2020
Information requested

(a) What is the status of the analysis of the responses to the most recent public consultation on GRA reform and self id?
(b) When will this be published?
(c) I have read today that the contract for the analysis has been cancelled, is this true?
(d) If true, then please explain and provide copies of related documentation and links to the decision, the decision making process. Name names, no redaction.
(e) Please explain what is intended, and provide date of delivery.
3. Your request included the following note in relation to these questions:
"Note: Sars-cov-2 cannot be continually used as excuse, many are available to work from home or office... AND you are able and have staff, to continue on Hate crime legislation - so no excuses are valid."
 

Response

I will take your questions in turn.

Your questions a) and b)- What is the status of the analysis of the responses to the most recent public consultation on GRA reform and self id? When will this be published?
5. The Scottish Government's consultation on the draft Gender Recognition Reform (Scotland) Bill ("the consultation") closed on 17 March 2020. The consultation document (at: https://www.gov.scot/publications/gender-recognition-reform-scotland-bill-consultation-scottish-government/pages/3/ ) advised that:
"Following the closing date, all responses will be analysed and considered along with any other available evidence to help us. An analysis report will be made available. " (at paragraph 1.13.) 

6. On 1 April 2020, The Minister for Parliamentary Business, Graeme Dey MSP, announced the Scottish Government's plans for managing its legislative programme in light of the impacts of COVID19.

7. He advised that, as an unavoidable consequence of the need to focus resource on dealing with the current pandemic, protecting lives and supporting the NHS, work within government was being halted for now on the reform of the Gender Recognition Act, along with other planned bills on Moveable Transactions, and Foxhunting. Mr Dey also noted that the Good Food Nation and Circular Economy Bills, which were scheduled to come forward, would also be affected and that the Transient Visitor Levy would not be progressed at this time. website(s) listed above, then please contact me again and I will send you on a paper copy.

Your question c): I have read today that the contract for the analysis has been cancelled, is this true?
8. The text of Mr Dey’s statement and responses to questions from other MSPs is in the Scottish Parliament's Official Report at: http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12602&mode=pdf (at columns 42-52).

9. The announcement of a halt for now on reform of the Gender Recognition Act 2004 affects work to analyse the consultation responses. Mr Dey also answered a question from Patrick Harvie MSP following that statement which sought information on the position in relation to the analysis and I refer you to columns 48 and 49 of the above Official Report.

10. Following Mr Dey’s announcement, we updated the Scottish Government’s consultation hub accordingly: https://consult.gov.scot/family-law/gender-recognition-reform-scotland-bill/.

11. The decision not to progress the analysis at this stage will be kept under review. The Scottish Government will, when resources allow, complete the work of analysing the consultation responses although I cannot give a timetable at this point as the Scottish Government’s focus must be, of course, on dealing with the COVID-19 pandemic.

12. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain information from the website(s) listed above, then please contact me again and I will send you on a paper copy.

Your question c): I have read today that the contract for the analysis has been cancelled, is this true?
13. The Scottish Government has not cancelled a contract for carrying out the analysis. We have not awarded any contract for the analysis. It is intended that the analysis will be carried out independently of Scottish Government, which will entail a procurement exercise and reaching agreement with a suitable contractor when the Scottish Government re-commences this work.

Your question d): If true, then please explain and provide copies of related documentation and links to the decision, the decision making process. Name names, no redaction 
14. As indicated in response to your question c) above in paragraph 10, the Scottish Government has not cancelled a contract to carry out the analysis of these consultation responses. 

Your question e) Please explain what is intended, and provide date of delivery
15. These questions have been answered in paragraphs 5- 9 and 11 of this response.

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