Thank you to all those who have contacted me about the Gender Recognition Reform (Scotland) Bill (GRR Bill). I know this is a sensitive issue, with strong views in different directions.

As you will no doubt be aware, the UK Government has announced it is invoking Section 35 of the Scotland Act in relation to the GRR Bill, which was passed by the Scottish Government in December. This is unprecedented – it is the first time the UK Government has used this power since the Scotland Act came into force in 1998.

In 2012, the UK Government signed a Memorandum of Understanding with the devolved administrations in which it pledged to use Section 35 only as a ‘matter of last resort’ and after extensive consultation. It is demonstrably as a matter of last resort in this case, as it is not clear whether both governments have worked together on this issue at all.

Instead of a constitutional fight, we should be focusing on finding solutions that work for the whole of our United Kingdom. I worry that trans people, a marginalised group who already suffer significant discrimination, will now not see this legislation take effect any time soon, if at all.

Before the Bill passed, concerns were also raised about the impact of the introduction of a new regime for acquiring a Gender Recognition Certificate (GRC) in Scotland on the rest of the UK, in particular how it will interact with existing protections contained in the Equality Act. These concerns could and should have been addressed at the time, and it will now be even longer before we get the clarity needed.

I am proud of the work done by my colleagues both past and present that has taken Britain forward and advanced the rights of LGBT+ people, including the introduction of the Gender Recognition Act 2004 and passing the Equality Act 2010, as well as repealing section 28 and introducing civil partnerships.

I am committed now to banning conversion therapy in all its forms, to introducing tougher sentences for LGBT+ hate crime and to modernising the law on gender recognition to remove indignities for trans people while upholding the Equality Act and its provision for single sex spaces. I am proud of the Equality Act and the protections it contains against disadvantage and discrimination for everyone, including on the basis of sex, gender reassignment and other protected characteristics.

I strongly support modernisation and reform of the gender recognition process, which is almost twenty years old – a promise the UK Government made in 2018 but has not followed through on. Such modernisation can and should be consistent with the Equality Act – and I believe this requires a different approach to the one the Scottish Government has taken. For example, I do not support the age at which people can apply for a GRC to be lowered from 18 years of age and I support stronger safeguards to the process – which my colleagues in the Scottish Parliament called for during the passage of the Bill.

Greater progress and equality comes from bringing people together and treating each other with respect. I assure you that I will continue to fight discrimination, bigotry and hatred against LGBT+ people.

Thank you once again for contacting me about this issue.

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