Sixteen-year-olds to be allowed to change legally recognised gender in Scotland

Shona Robison, the SNP Social Justice Secretary, said 16-year-olds can leave home, marry and vote and the latest move would align with this.

But critics called it “worryingly misguided”, highlighting that those in that age group cannot stand for election, buy alcohol or watch certain films at the cinema.

MSPs have been voting on more than 150 proposed amendments to the Gender Recognition Reform (Scotland) Bill, with a marathon Holyrood session lasting late into Tuesday night. A final vote will take place on Wednesday.

The legislation, which will almost certainly pass, will make it easier for trans people to acquire a gender recognition certificate (GRC) by removing the requirement for a diagnosis of gender dysphoria.

It will also lower 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.

The bill has sparked huge controversy but has wide support among the SNP, Greens, Labour and the Liberal Democrats. However, a vote during an earlier stage led to an unprecedented rebellion among SNP MSPs, with one minister, Ash Regan, resigning and nine defying the whip.

Yesterday’s debate saw some bad-tempered exchanges, with Green MSP Maggie Chapman accusing others of “disturbing” anti-trans rhetoric. Spectators were also removed from the Scottish Parliament chamber after cries of “shame on you” rang out as one amendment was voted down.

Tory MSP Russell Findlay had wanted to place barriers in the way of convicted sex offenders being able to apply for a GRC, but his amendment was defeated by 59 votes to 64 with two abstentions.

Earlier, Tory MSP Rachael Hamilton had pushed an amendment seeking to limit applications to those over 18.

She said: “In Scotland, an individual under the age of 18 is not considered old enough to stand for election in this parliament, nor can they serve as a juror, place a bet, buy or sell alcohol, get a tattoo or be permitted to watch certain films at the cinema. As with obtaining a gender recognition certificate, I would agree that there is good reason for this.”

SNP MSP Fergus Ewing, who was a minister until last year, said all the evidence from polling suggests “a very substantial majority” of people in Scotland oppose the reduction in age to 16.

Ms Robison said she could point to consultation and polls which do not support this, adding: “But I do acknowledge, to Fergus Ewing and others, that there is a difference of opinion about this bill.” She said the issue of age had been “one of the most difficult to address”.

She added: “It’s young people themselves who are saying that they want to be able to get on with their life with all of the documentation reflecting who they are and how they’re living their life, and I don’t think that’s an unreasonable thing to ask for.

"Young people in Scotland are empowered at 16 to leave home without parental consent, to get a full-time job, pay national insurance, enter into a legally binding contract, consent to medical procedures, to marry, change their name, and vote for members of this parliament.

"And while, of course, it is possible, as others have done, to point to comparators for what you can and cannot do at specified ages, applying for a legal gender recognition generally aligns with the other comparable rights and responsibilities young people obtain at 16.”

Nine SNP MSPs backed the amendment to limit applications to those aged 18 and over, as Ms Hamilton’s amendment was defeated by 87 votes to 37.

But Ms Robison agreed to other changes aimed at making sure young people have understood the process and have sought appropriate support.

Elsewhere, SNP MSP Michelle Thomson, who has previously spoken of being raped at the age of 14, said the Scottish Government had not “undertaken or published any qualitative impact assessment on traumatised women”.

She said she still suffered from post-traumatic symptoms after her own experience, adding: “Such has been the distress caused by this bill, I had to go home one day in floods of tears and withdraw from a debate.”

Ms Thomson said her biggest concern about the bill relates to “bad faith actors”.

The session in Holyrood began with apparent attempts by the Scottish Tories – who mostly oppose the legislation – to delay proceedings by tabling multiple points of order. After a delay of more than an hour, MSPs began debating amendments in a session due to finish after 10pm and stretch into today before the finalvote.

Opponents of the bill fear it could be a danger to women and girls, particularly around the provision of single-sex spaces. But the Scottish Government insists it will not impact the Equality Act, which allows for trans people to be excluded from single-sex spaces such as changing rooms and shelters,

Activists on both sides of the debate gathered outside the Scottish Parliament as MSPs were debating the bill, bearing placards with slogans including “Trans rights now!” and “A man can’t become a woman. Simple”.