Minimum age to change gender in Scotland lowered

Amidst a marathon debate on controversial plans to make it easier for transgender people to change gender, the Scottish Government have decided to allow young people aged 16 and 17 to change their legal gender.

The Government rejected proposals to keep the minimum age of 18 and said lowering the age was in keeping with other rights and responsibilities people gain at 16.

SNP MSP Ash Regan, the former community safety minister, who resigned over her opposition to the legislation, argued that 16 was too young to make such a “profound change”.

SNP MSP Kenny Gibson also argued for the age limit to go unchanged, claiming that an 18-year-old limit gives young people "time and space to grow" and be "better able to take the right decision".

Fergus Ewing from the SNP, also added his support, claiming a “substantial majority of people in Scotland oppose the reduction of the age to 16."

The Scottish Government want to make it easier for transgender people to obtain a Gender Recognition Certificate (GRC), which allows an individual to change the gender recorded on their birth certificate.

If passed, the proposals will:

• remove the requirement for a diagnosis of gender dysphoria
• 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 - or six months for people aged 16 and 17 - with a three-month reflection period during which they can change their mind.

The Scottish Parliament was due to discuss and vote on more than 150 proposed amendments to reforms of the Gender Recognition Act on Tuesday ahead of the final vote on Wednesday. With more than half of the amendments still to be considered, it is not yet clear whether the final vote will be delayed.

Parliament was also suspended on Tuesday evening as protestors shouted, “shame on you all” and “there is no democracy here” when MSPs voted against a move to make it more difficult for convicted sex offenders to change gender.

The amendment, brought forward by Conservative MSP Russel Findlay, was defeated by 59 votes to 64 with two abstentions.

The government did however back another amendment which will require convicted sex offenders wishing to apply for a GRC to be fully risk assessed. Should the risk be considered too high, their application is then likely to be refused.

It follows deep concern raised about the safety of women and girls, particularly with regards to the provision of single-sex spaces and predatory men who may attempt to change their gender to gain access to female prisons.

SNP MSP Michelle Thompson, who has previously spoken out about her experience of sexual assault, also raised her concerns about those accused of sexual offences being able to legally change gender.

She claimed the move would give offenders "power and control over their victims" and that the proposals are "putting the rights of a GRC-seeking man" charged with sexual offences "above the rights of a woman".

MSPs are set to vote on the final proposals today and are more than likely to gain enough support for the legislation to pass.