Gender reform 'risks providing incentive for sex offenders to come to Scotland' says Jack McConnell

Gender recognition reform risks providing an incentive for predatory male sex offenders to come to Scotland, a former first minister has warned.

Jack McConnell sounded the alarm over the controversial legislation, which is expected to be passed in Holyrood this week.

It came as a poll indicated a majority of voters oppose key aspects of the bill, which aims to make it easier for transgender people to acquire a gender recognition certificate by removing the requirement for a diagnosis of gender dysphoria. It will also lower the minimum age from 18 to 16 and substantially speed up applications.

Supporters say the move will streamline a process many find distressing, but critics have raised concerns over the impact on women and girls, particularly around the integrity of single-sex spaces and the potential for predators to exploit the law.

Lord McConnell was first minister from 2001 to 2007. Picture: Donald MacLeod

Writing in The Sunday Times, Lord McConnell, who was first minister from 2001 to 2007 and now sits in the House of Lords, said: "The Scottish Parliament was meant to be about improving public debate and passing good legislation that was well considered. This is not happening."

He said there are "really serious concerns about safe spaces for women, especially those dealing with the trauma of abuse, violence and rape".

A ruling last week by the Court of Session relating to gender balance on public boards found the definition of sex is not limited to biological or birth sex.

Lord McConnell added: “The ruling from the Court of Session last week changes the context for this act completely and if implemented we could now see an incentive for predatory male sex offenders to come to Scotland, identify as female, and have access to women's hospital wards, rape crisis centres, and prisons. This must be clarified before this bill is passed."

He said Holyrood "must pause the final decisions on this bill", adding: "There should be a summit with open debate that engages those with genuine worries, and makes appropriate changes to make sure women are safe in Scotland."

A Scottish Government spokesperson said: “The Gender Recognition Reform Bill was subject to two full public consultations and parliament scrutiny since its introduction in March. Gender Recognition Certificates have been in place for 18 years and the Bill does not change the effect of a Gender Recognition Certificate, nor does it change the Equality Act which protects the rights of women and single sex spaces which we support. The Bill was supported at Stage 1 by the majority of the Parliament including members of all parties.”

“Similar legislation is already in place in countries across the world, with no evidence to suggest that sex attackers are attracted to these countries as a result.

“We welcome the letter by Victor Madrigal-Borloz, the UN independent expert on sexual orientation and gender identity, which clearly states that the Gender Recognition Reform Bill is in line with international obligations and standards. It also states the clear view of the UN that legal gender recognition should be offered on the basis of self-declaration. This is a helpful intervention that can deal with some of the misinformation about what this bill does, and importantly what it doesn’t do.”