Gender Reform Recognition Bill is 'dead in the water' and being forced through has 'set back trans rights ten years', MPs claim

The Gender Reform Recognition Act is "dead in the water" and by failing to address concerns the SNP has set back trans rights “ten years”, MPs have claimed.

The controversial Bill, which would have made it easier for trans people to change what is listed on their birth, death and marriage certificates, was blocked by the UK Government through a section 35 order.

It comes as Kate Forbes announced her candidacy for leader, while confirming she had “significant concerns” about the Scottish Government’s Bill, saying she would not support gender recognition legislation in its existing form.

SNP ministers had been planning to challenge the section 35 order in the courts, but there is a belief among many in Westminster, especially after Nicola Sturgeon resigned, the Bill is beyond saving.

Some MPs believe the Gender Recognition Reform act is "dead in the water".

One Scottish MP, who did not support the Bill, suggested it could have been salvaged earlier, but the use of Section 35 meant it wasn’t coming back.

They told The Scotsman: "Gender recognition reform is dead in the water. Regardless of who becomes leader, there is no way it will come back, even with amendments.”

The MP said they supported aspects of the Bill going through, but the debate and division over the issue meant there was now no hope of compromise.

The main element of the Gender Recognition Reform (Scotland) Bill was to make it easier for trans people to obtain a gender recognition certificate (GRC) by removing the requirement for a diagnosis of gender dysphoria.

The legislation would also have lowered the minimum age for applicants from 18 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 subsequent, three-month reflection period.

Ministers claimed the Bill interfered with the Equalities Act, and numerous amendments from opposition parties were voted down during the consultation period. The UK Government also claimed by changing the way a GRC is obtained, Scots law then deviates from the rest of the UK, creating a dual system.

It claims because the Bill does not have any legal impact outside Scots law, a UK citizen could have a different gender and legal sex depending upon where they happen to be within the UK, and which system of law applies to them.

Another Scottish MP told The Scotsman the SNP’s refusal to engage with questions about the legislation had damaged it, "arguably setting the trans community back" with false hope. They said: "Reasonable questions were dismissed or ignored rather than addressed. People did not get the reassurance that they needed. The whole debate became toxic. By rushing it through, they’ve probably set back trans rights by ten years. Who will bring forward trans legislation now in either chamber after this?”

The MP, who did support the Bill, claimed the Scottish Government had stifled debate rather than won the argument. “By allowing the debate to be toxified in the way that it was, an important opportunity was lost," they said.

"The Scottish Government's determination to prove Scotland's exceptionalism and be different from the rest of the UK got in the way. They were only listening to those in the political bubble and failed to take those outside it with them”.

A Scottish Government spokesperson said: “The GRR Bill was passed by an overwhelming majority of the Scottish Parliament and by members of all parties.

“We are examining the reasons given by the UK Government for their section 35 order to veto this legislation and the Cabinet secretary has committed to setting out next steps to Parliament in due course.”