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Publication - Consultation Paper

Review of the Gender Recognition Act 2004: consultation

Published: 9 Nov 2017
Part of:
Communities and third sector, Research
ISBN:
9781788513982

This consultation seeks views on proposals to reform the Gender Recognition Act 2004.

182 page PDF

2.0MB

182 page PDF

2.0MB

Contents
Review of the Gender Recognition Act 2004: consultation
Annex N: Partial Equality Impact Assessment Record

182 page PDF

2.0MB

Annex N: Partial Equality Impact Assessment Record

Title of policy/ practice/ strategy/ legislation etc. The review of the Gender Recognition Act 2004 (the 2004 Act)

Minister Cabinet Secretary for Communities, Social Security and Equalities
Directorate: Division: Team Civil Law and Legal System
Is this new policy or revision to an existing policy? New policy, although it is already possible under the 2004 Act to obtain legal gender recognition

Screening

Policy Aims

1. Through public consultation, we will seek views on:

  • Whether the Scottish Government should bring forward legislation introducing a simplified process based on self-declaration for transgender [1] people to obtain legal recognition of their acquired gender [2] , to replace the existing arrangements under the 2004 Act in Scotland. Applicants would not be required to provide medical evidence or evidence of their having lived in their acquired gender throughout a defined period.
  • Whether the proposed self-declaration system for legal gender recognition should be open to applicants aged 16 and over. (The 2004 Act currently requires an applicant to be 18 or over.)
  • The options for allowing people aged under 16 to apply for legal gender recognition.
  • The options for recognising people whose gender identity is not that of a man or woman (non-binary people).

2. The 2004 Act requires applicants, who must be aged 18 or over, to apply to a UK-wide tribunal, the Gender Recognition Panel, to be recognised in their acquired gender. Of the three possible tracks to recognition - the standard track, the alternative track and the overseas track - the most commonly used is the standard track. Under this track, applicants must:

  • Demonstrate, by submitting two medical reports, that they have or have had gender dysphoria. This is a recognised condition where a person experiences discomfort or distress because there is a mismatch between their biological sex and their gender identity.
  • Demonstrate that they have lived in their acquired gender throughout the period of two years [3] prior to the date of their application and provide proof of this, such as their passport, payslips, or utility bills.
  • Provide a statutory declaration that they have lived in their acquired gender for the required period and intend to live in their acquired gender until death.

3. The 2004 Act is UK-wide, but the process of applying for legal recognition of the gender with which a person identifies is a devolved matter that the Scottish Parliament can legislate for. There are some reserved areas impacting on gender recognition where responsibility lies with the Westminster Parliament.

4. Action 13 of the Fairer Scotland Action Plan states that the Scottish Government:

“will review and reform gender recognition law so it is in line with international best practice for people who are Transgender or Intersex.”

5.If implemented in legislation, the proposals would contribute to the Scottish Government’s National Outcomes flowing from the Strategic Objectives of Wealthier and Fairer, and Healthier.

Who will it affect?

6. The policy will primarily affect transgender (including non-binary) people.

7. A separate consultation will be published in relation to intersex people/people with a variation of sex development

What might prevent the desired outcomes being achieved?

8. This consultation is seeking views on potential changes to the 2004 Act in relation to obtaining legal gender recognition. Depending on the outcome of this consultation, the Scottish Government would intend to introduce a Bill in the Scottish Parliament. The timings of any such Bill depend on the availability of Parliamentary time.

Stage 1:Framing

Results of framing exercise

9. We met with colleagues from Equality, Communities Analytical Services, Education and a member of the LGBT staff network for the purpose of the framing exercise.

Groups of people potentially affected positively by the proposals

10. The framing exercise suggested that the following groups of people might be affected positively by the proposals.

Age

  • We propose to allow people aged 16 and 17 to apply for legal gender recognition using the proposed self-declaration process and seek views on what arrangements, if any, should be put in place for those under 16. Under the existing arrangements, all applicants must be aged 18 or over. Reducing the age at which applications can be made would benefit younger people who wish to apply for legal gender recognition but cannot at the moment.
  • A self-declaration process would simplify the process for obtaining legal gender recognition by removing any requirements for medical evidence and evidence that the applicant has been living in their acquired gender. To the extent that older transgender people may experience difficulties in obtaining legal gender recognition as a result of difficulties in gathering evidence where their transition took place many years ago, this simplification may reduce those barriers.

Disability

  • There is evidence that transgender people have a higher incidence of mental health issues than the general population [4] but that these mental health issues are related to the prejudice and discrimination experienced by transgender people [5] . Evidence also suggests that transgender people’s mental health may benefit from socially transitioning to live in accordance with their gender identity. [6] Streamlining the legal gender recognition process by removing any requirement for medical evidence or evidence of living in the acquired gender might further reduce stigma and improve mental health.

Gender Reassignment

  • Transgender people who want to be legally recognised in their acquired gender should benefit from the proposal to introduce a self-declaration process of legal gender recognition. The application process would be simpler and less intrusive.
  • Transgender people who do not identity as men or women would benefit if legal recognition of non-binary people was introduced.

Marriage and Civil Partnership

  • The consultation will seek views on whether the requirement for a married applicant to obtain spousal consent when obtaining legal gender recognition should be dropped. [7] This could be beneficial for the trans person.
  • The consultation will also seek views on whether mixed sex civil partnership should be recognised for the purpose of allowing one of the partners to obtain legal gender recognition without the partnership being changed to marriage or dissolved. This could be beneficial for the couple.
  • If non-binary people were also legally recognised, this would have a positive impact on them as they would be able to be married or enter a civil partnership as a non-binary person rather than as a man or woman.

Religion and belief

  • Some religious and belief bodies and some people belonging to those bodies might be in favour of changes to the 2004 Act.

Sex

  • At present, more trans women (that is people who were assigned male at birth but now identify as a woman) obtain legal gender recognition under the 2004 Act than trans men. This reflects existing evidence of prevalence of trans men and trans women generally. It is unclear why this is the case, though there are theories suggesting that people assigned female at birth transition less often to live as a man because it is more socially acceptable for a woman to exhibit what are considered to be masculine behaviours or dress. [8] To the extent that a difference between the numbers of successful applicants who are trans women or trans men might arise due to additional barriers faced by trans men, adopting a self-declaration process of legal gender recognition would minimise these difficulties.
  • Legal recognition of another gender (non-binary people) will help bring about greater inclusion and acceptance of people who do not identity as male or female.

Groups of people potentially affected negatively by the proposals

11.The framing exercise suggested that there might be negative impacts for the following groups of people.

Age

  • People younger than 16 who want to be able to apply for legal gender recognition in their acquired gender would be unable to do so if the proposed new system of legal gender recognition does not extend to them.

Disability

  • A self-declaration process may not support people with a learning disability or additional support needs to fully understand what legal recognition in an acquired gender might mean for them. This could lead to dissatisfaction or unhappiness, may contribute to mental health issues and could increase the number of applications made by those who want to transition back to their previous legal gender.

Gender reassignment

  • We are aware of concerns around whether implementing a self-declaration process for legal gender recognition would increase the risk that people who obtained legal recognition of their acquired gender might later regret their decision.

Marriage and Civil Partnership

  • The consultation considers whether it should continue to be necessary for a married person seeking legal gender recognition to have their spouse’s consent. There may be a positive impact for transgender people if this requirement is dropped, but a negative impact for their spouse if it is dropped, in that the nature of their legal relationship can be altered by the action of their transgender spouse alone.
  • Currently, it is not possible for one of the parties in a civil partnership to obtain a full Gender Recognition Certificate ( GRC), without the civil partnership being changed to a marriage or ending the civil partnership. Scotland does not recognise mixed sex civil partnerships. If civil partnership were to be available to mixed sex couples, some would argue that this undermines civil partnership which has only been available for same sex couples to date and which was introduced in response to the long term discrimination that they experienced in not having their relationships legally recognised.
  • Under the current arrangements, if a party who is in a civil partnership wants to obtain legal gender recognition, the partnership must be changed to a marriage or dissolved. Continuing with these arrangements under any proposed self-declaration process may adversely affect people in a civil partnership.

Religion and belief

  • The views of a child or younger transgender person may already clash with those of their parents or carers. If legal gender recognition is extended to people under 16, the potential for this may increase. These views may be influenced by their respective religions and beliefs.
  • Some religious bodies may have concerns on either doctrinal or societal grounds about the adoption of a self-declaration system for obtaining legal gender recognition.
  • People of some religions believe quite strongly that there are only two genders, man and woman. Recognising non-binary people would be in conflict with this.
  • Some religious bodies may have doctrinal or societal concerns about recognising mixed sex civil partnership.

Sex

  • Some women’s groups may have concerns on equality or societal grounds to a self-declaration system for obtaining legal gender recognition.

Extent/Level of EQIA required

12.Following the framing exercise, we believed that the extent of the EQIA required was high.

13.A partial Child Rights and Wellbeing Impact Assessment has been prepared separately and will be cross-referred to in this EQIA.

Stage 2:Data and evidence gathering, involvement and consultation

There is limited evidence about the numbers of transgender people in Scotland and their experiences. In particular, no systematic or reliable data has been collected through the Census or through other Government-sponsored surveys. Evidence from smaller scale surveys may not be representative. In addition, when evidence concerning people who have the protected characteristic of gender reassignment is based on data about those who have been diagnosed with gender dysphoria or attended a gender identity clinic, this evidence also may not be representative.

Characteristic Evidence gathered and Strength/quality of evidence Source Data gaps identified and action taken
Age 1. The partial Child Rights and Wellbeing Impact Assessment sets out the evidence we have gathered in relation to people under 18.

2. A report about the mental health and wellbeing of transgender people reported that of the 889 people surveyed, the average age at which participants began living part-time in their felt gender was 23 (based on 487 who answered the question). The average age at which they began living full-time as their felt gender was 31 (based on 545 people answering the question). [9]

3. In the UK in 2007/2008, 392 people were issued with full GRCs. 67 (17%) were aged at 58 and over. [10] In 2016/2017, 318 people were issued with full GRCs and the number of successful applicants aged 58 and over had increased slightly to 22% of the total of successful applicants. [11]
2. Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan, published

3. Tribunals and Gender Recognition Statistics (Ministry of Justice)
Disability 1. In a survey of 889 trans people in 2011, 32% (of the sample) indicated that they had a disability or chronic health condition. [12]

2. This can be compared to evidence that in 2014, 23% of the Scottish population had a disability or long term limiting health condition. [13]

3. In the survey mentioned at 1 above, 36% identified that they had a mental health issue. 88% (of 549 who answered the question) had been diagnosed with depression or considered they were or had been depressed and 48% (of 483) had attempted suicide at least once.

4. In the general population, depression will be diagnosed in between 4% and 10% and just under 7% will attempt suicide. [14]

5. Evidence indicates that the mental health issues experienced by transgender people are related to the prejudice and discrimination they experience. [15]

6. Evidence indicates that transitioning to the gender with which the person identifies helps resolve distress and mental health issues [16] .
1. Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan.

2. Scottish Government

3. Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan

4. Mental Health Foundation

5. The Lancet Psychiatry 26 July 2016

6. Dhejne C, et al “Mental Health and gender dysphoria: A review of the literature” (2016) International Review of Psychiatry 28(1)
Gender Reassignment 1. These are the numbers of updated Scottish birth certificates issued following gender recognition:

2005 – 47
2006 – 44
2007 – 30
2008 – 16
2009 – 18
2010 – 18
2011 – 24
2012 – 13
2013 – 16
2014 – 16
2015 – 25
2016 - 20

2. The average number of full Gender Recognition Certificates issued annually since the 2004 Act was implemented is 385. [17]

3. Between 1 April 2016 and 31 March 2017, the Gender Recognition Panel received 364 applications for recognition, issued 318 full GRCs and refused 15 applications. [19]

4. In 2011, there were estimated to be 12,500 people in the UK who had sought medical care for gender variance, of whom around 7,500 would undergo or had undergone transition. This represents an 11% increase from the position in 1998. [20]

5. The Equality and Human Rights Commission Note on Measuring Gender Identity [21] from 2010 notes that 1% (100) of a group of 10,000 people surveyed in the UK said they had gone through part of, or thought about undergoing, a gender reassignment process [22] . Based on the estimated population of Scotland in mid-2015 [23] , this would equate to 53,730 people.

6. The foregoing evidence suggests that comparatively few transgender people have used the existing gender recognition process in the 2004 Act, compared to those who have transitioned to live full-time in their acquired gender.

7. There is no evidence from countries which have recently adopted self-declaration systems for legal gender recognition, about whether and how often people whose acquired genders have been legally recognised, seek to change their decision.

8. In a survey of 889 trans people in 2011, in discussing the physical changes which they had undergone in relation to being trans or transitioning, 86% had no regrets, with 10% having minor regrets and 2% having major regrets. In terms of social changes that they had made in relation to being trans or transitioning, 53% (of 523) had no regrets. 34% had minimal regrets, and 9% had significant regrets. [24]

9. A Swedish study published in 2014 examined the outcomes of applications in Sweden for legal and surgical sex reassignment [25] between 1960 and 2010. This indicated that out of the 681 people who changed their sex legally and surgically, 2.2% of them later regretted this and sought to reverse their decision. The study reported a significant decline in regrets over the time period.

10. There is some evidence regarding numbers of applicants for legal gender recognition from countries which have adopted self-declaration systems. In Denmark, on average 289 people per year have changed their legal sex using their self-declaration arrangements for legal gender recognition. In Norway, where a self-declaration system for legal gender recognition was adopted in 2016, 706 people obtained legal recognition of their gender in the subsequent nine month period.

11. The Women and Equalities Select Committee Inquiry into Transgender Equality [26] heard evidence about the operation of the protection under section 22 of the 2004 Act for the privacy of transgender people who apply for legal gender recognition and about the misuse of an exemption for protected information to be disclosed in court.
1. National Records of Scotland

2. and

3. Tribunals and Gender Recognition Statistics (Ministry of Justice)

4. Gender Identity Research and Education Society 2011

5. Technical Note: Measuring Gender Identity (Equality and Human Rights Commission)

8. Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan

9. Dhejne, Cecilia et al (2014). “An Analysis of All Applications for Sex Reassignment Surgery in Sweden, 1960-2010: Prevalence, Incidence, and Regrets”, Archives of sexual behavior. 43

10. Source is Danish Ministry of Social Security and the Interior, and Norwegian Ministry of Health and Care.

11. UK Parliament, 2016.
Countries which have adopted self-declaration systems for legal gender recognition have done so from 2012 onwards. As a result, there is a lack of information about the long term experience in those countries, including information about the numbers of successful applicants who later wish to re-apply.

In the UK, a transgender person is not required to produce their GRC in order to access services. Organisations tend to permit people to use single-sex services based on their gender identity. In certain cases, the Equality Act 2010 allows restrictions to be imposed by an employer on their employee or to allow a service to be restricted to certain people: for example in limited cases, employment or access to a service can be restricted to people who are of a particular sex and who do not have the protected characteristic of gender reassignment.

The consultation will seek views on options for ensuring that the proposed legal gender recognition process is robust. We will consult on whether an applicant must complete a statutory declaration as part of the process. A person knowingly making a false statement in a statutory declaration is committing a criminal offence. We will also consult on whether to limit the number of occasions on which a person may apply to obtain legal gender recognition.
Marriage And Civil Partnership

(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details)
1. In April to June 2017, 70 full GRCs were granted, including five for married applicants where spousal consent was given. [27] (There is no split of this information for Scotland).

2. The Registrar General for Scotland has issued 3 updated marriage certificates following gender recognition since this became possible following changes made by the Marriage and Civil Partnership (Scotland) Act 2014.

3. Between 2010 and 2016, there were seven divorces in Scotland on the ground that an interim GRC had been issued to one of the parties to the marriage. [28] Between 2010 and 2016, there were no dissolutions of civil partnership on this basis. [29]
1. Tribunal and gender recognition certificate statistics (Ministry of Justice)

2. National Records of Scotland

3. Scottish Government
Pregnancy And Maternity There is no statistical evidence about the numbers of trans men giving birth. Statistical evidence about this is unlikely to be collected. In the Register of Births in Scotland, the person who carries and gives birth to a child is listed as the child’s ‘mother’.
Race 1. In a survey of mental health and wellbeing of transgender people, the vast majority of the sample, 86%, was White UK (British, Northern Irish, Scottish, Welsh or English), with fewer than 8% being from other white backgrounds. Other ethnic groups represented less than 7% of the sample. [30]

2. Information from 2014 indicates that 96.5% of the Scottish population were White, 3.5% being from minority ethnic groups. [31]

3. There is no statistical evidence published about the ethnic origin of people who are issued with a full GRC under the 2004 Act.
1. Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan

2. Scottish Surveys Core Questions, Scottish Government.
Religion Or Belief 1. Almost two thirds (62%) of transgender people who took part in a survey into the mental health and wellbeing of stated that they had no religious beliefs. [32] 1. Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan
Sex 1. A higher proportion of people legally recognised in their acquired gender under the 2004 Act are trans women (male to female).

2. However, the proportion of trans men (female to male) being legally recognised under the 2004 Act has increased. In April to June 2012, 29% of successful applicants were trans men. [33] In the same period in 2017, 46% of successful applicants were trans men. [34]

3. This may reflect the numbers of trans men and trans women in the UK more generally: a report indicated that 80% of a group who had sought medical care for gender variance were trans women. [35]

4. The position in the UK similarly reflects the apparent position in other countries that there are more trans women than trans men. [36]

5. There is no published information on whether a higher proportion of unsuccessful applicants for legal gender recognition under the 2004 Act were transgender men, though the numbers of unsuccessful applications is generally low. 6. The Equality and Human Rights Commission Technical Note on Measuring Gender Identity [37] reported that 0.4% of people indicated that they identified in another way from a man or woman.

7. Given the estimate of Scotland’s population in 2015 of 5,373,000, this would equate to 21,492 non-binary people. [38] This suggests that recognition of non-binary people would have little to no impact for example, on the collection of equality data about the gender pay gap between men and women.



8. A survey of 895 non-binary people in 2015 indicated that they were being discriminated against because of the lack of legal recognition of their gender identities. [39]
1. and

2. Tribunal and gender recognition certificate statistics (Ministry of Justice)

3. Gender Identity Research and Education Society, 2011

4. International Handbook on the Demography of Sexuality, International Handbooks of Population, Dordrecht.

6. Equality and Human Rights Commission Note on Measuring Gender Identity.

7. Mid-2015 population estimates Scotland and corrected population estimates for mid-2012, mid-2013 and mid-2014, National Records of Scotland.

8. Scottish Trans Alliance, Equality Network “Non-binary people’s experiences in the UK
Sexual Orientation 1. In a survey of mental health and wellbeing of transgender people, of those who completed a question about sexual orientation
  • 27% identified as bisexual;
  • 24% identified as queer; and
  • 20% identified as straight/heterosexual. [40]

1. Trans Mental Health and Emotional Wellbeing Study 2012, Jay McNeil, Louis Bailey, Sonja Ellis, James Morton & Maeve Regan

Stage 3:Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Age Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation There may be benefits both for older people and for younger people through having a self-declaration system for gender recognition but this is best recognised in the next category of “advancing equality of opportunity”.
Advancing equality of opportunity Younger people could apply for legal gender recognition. Older people may be apply without having to obtain evidence they may no longer have to hand.
Promoting good relations among and between different age groups Policy is not designed for this.

Do you think that the policy impacts on disabled people?

Disability Positive Negative None Reasons for your decision
Eliminating unlawful discrimination, harassment and victimisation Policy is not designed for this.
Advancing equality of opportunity Living openly in an acquired gender may improve a transgender person’s mental health. The SG will consider further the need for clear and straightforward guidance for people with learning disabilities in relation to any self-declaration system for obtaining legal gender recognition.
Promoting good relations among and between disabled and non-disabled people Policy is not designed for this.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and Civil Partnership [41] Positive Negative None Reasons for your decision
Eliminating unlawful discrimination Policy is not designed for this.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and Maternity Positive Negative None Reasons for your decision
Eliminating unlawful discrimination Existing benefits and services for women who are expecting a baby and for women who have given birth will remain.
Advancing equality of opportunity Existing benefits and services for women who are expecting a baby and for women who have given birth will remain.
Promoting good relations Existing benefits and services for women who are expecting a baby and for women who have given birth will remain.

Do you think the policy impacts on people on the grounds of their race?

Race

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

Policy is not designed for this.

Advancing equality of opportunity

Policy is not designed for this.

Promoting good race relations

Policy is not designed for this.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief Positive Negative None Reasons for your decision
Eliminating unlawful discrimination Policy is not designed for this.
Advancing equality of opportunity Policy is not designed for this.
Promoting good relations Some religious bodies may express concerns on societal or doctrinal grounds to introducing a self-declaration system for obtaining legal gender recognition and the possibility of recognising non-binary people. However, the proposed policies will not impact on a person’s beliefs which is why we have ticked the “none” box. The Scottish Government is not seeking any change to the provisions in the Equality Act 2010 on celebrants not having to marry persons with a full GRC, or register their civil partnership, other than minor consequential changes to reflect the name of the new gender recognition legislation. Similarly, the Scottish Government is not seeking any change to the Equality Act 2010 provisions allowing religious bodies to impose restrictions on who can become ministers of religion. Some religious bodies will be opposed to the proposed changes, but others may not or may not have a view.

Sex. Do you think that the policy impacts on men and women in different ways?

Sex Positive Negative None Reasons for your decision
Eliminating unlawful discrimination Policy is not designed for this.
Advancing equality of opportunity Some women’s groups may have concerns that simplifying the process for obtaining legal gender recognition, and recognising non-binary people, could have a negative impact on equality for women, on work to improve the representation of women in public life and on the safety of women. However, the Scottish Government remains committed to action in areas such as:
  • tackling the pay gap between men and women;
  • tackling gender based violence and violence against women;
  • encouraging girls and women into certain professions such as engineering and technology;
  • increasing the representation of women on boards and in public life more generally.
Given the commitment to this continued action, we have ticked the “none” box.
Promoting good relations between men and women Policy is not designed for this.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual orientation Positive Negative None Reasons for your decision
Eliminating unlawful discrimination Policy is not designed for this.
Advancing equality of opportunity There could be a benefit for some people if the law should be changed so that transgender people in a civil partnership could obtain legal gender recognition and stay in their civil partnership without having to end it or change it to marriage (although it is possible that some would argue that civil partnership should just remain for same sex couples only).
Promoting good relations Policy is not designed for this.

Do you think your policy impacts on transsexual people?

Gender reassignment Positive Negative None Reasons for your decision
Eliminating unlawful discrimination There are benefits for transgender people through having a self-declaration system for gender recognition but this is best recognised in the next category of “advancing equality of opportunity”.
Advancing equality of opportunity Introducing a self-declaration system for obtaining legal gender recognition will enable trans people to obtain legal rights without having to go through an overly intrusive system established by the current Gender Recognition Act 2004.
Promoting good relations Policy is not designed for this.

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

Have positive or negative impacts been identified for any of the equality groups? There are positive impacts for the protected characteristics of age, disabled people and transgender people and potential positive impacts for the protected characteristic of sexual orientation.
Is the policy directly or indirectly discriminatory under the Equality Act 2010? No
If the policy is indirectly discriminatory, how is it justified under the relevant legislation? -
If not justified, what mitigating action will be undertaken? -

Describing how Equality Impact analysis has shaped the policy making process

No direct changes have been made to this policy as a result of this EQIA. However, the EQIA has highlighted the need to consider carefully any points raised by consultees relating to the protected characteristics of sex (particularly in relation to women) and religion and belief.

There are no direct implications for finance as a result of this EQIA. As indicated elsewhere in this consultation, there are costs in relation to changing the system for obtaining legal gender recognition as male or female but these are limited given that there is already a system in place. Costs in relation to the recognition of non-binary people are harder to quantify.

The EQIA confirms that the proposed policy would have benefits for transgender people.

Monitoring and Review

The Scottish Government and National Records of Scotland will publish statistics on the number of applications received under the new system.

Stage 5 - Authorisation of EQIA

Please confirm that:

  • This Equality Impact Assessment has informed the development of this policy:

Yes
No

  • Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
    • Eliminating unlawful discrimination, harassment, victimisation;
    • Removing or minimising any barriers and/or disadvantages;
    • Taking steps which assist with promoting equality and meeting people’s different needs;
    • Encouraging participation (e.g. in public life)
    • Fostering good relations, tackling prejudice and promoting understanding.

Yes
No

  • If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic:

Yes
No
Not applicable

Declaration

I am satisfied with the equality impact assessment that has been undertaken for the review of the Gender Recognition Act 2004 and give my authorisation for the results of this assessment to be published on the Scottish Government’s website.

To Be Completed When Final Version Of EQIA Is Published

Name:
Position:
Authorisation date:


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