Statement following the passing of The Gender Recognition Reform (Scotland) Bill

Published: 23 Dec 2022

A spokesperson for the Equality and Human Rights Commission said:

“The Gender Recognition Reform (Scotland) Act will significantly alter how people born or resident in Scotland can change their legal sex by acquiring a Gender Recognition Certificate. We recognise this is an important legal and personal recognition for many trans people.

“Throughout the legislative process we engaged with Scottish and UK Government Ministers, MSPs including those on the Equalities, Human Rights and Civil Justice Committee, as well a range of stakeholders. Our view was that the existing legal framework provided the correct balance that best protected everyone.

“We acknowledge the democratic mandate of the Scottish Government to legislate on these matters, with the support of the Scottish Parliament. While the debate around this legislation has been contested, it is important that constructive solutions are found to meet everyone’s needs. As the equality regulator, we will continue to fulfil our statutory mandate to uphold and advise on the equality legal framework in Scotland and across Britain.

“We welcome the adoption of the government amendment which provides a duty for Ministers to produce guidance on the operation of the Equality Act, and consult with the EHRC and other equality and human rights bodies in doing so.

“We urge the Scottish and UK governments to work together to minimise the risk of uncertainty around the potential cross-border implications we previously raised with them, as a matter of urgency now the Scottish Parliament has passed these reforms”. 

Read our letter to Rt. Hon Kemi Badenoch MP Secretary of State for International Trade, President of the Board of Trade and Minister for Women and Equalities (sent 22 December 2022)

Read our briefing for MSPs (published 14 November 2022):

Read our advice to the Scottish and UK governments (published 5 October 2022):


Press contact details

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0161 829 8102