Exclusive:SNP will not draw up revised gender recognition laws in political end to self-ID debate

John Swinney’s Government has now told The Scotsman there are no plans to revise the plans so they do not impact on the Equality Act.

Instead, SNP ministers are awaiting Keir Starmer’s government to bring forward UK-wide reforms to the Gender Recognition Act.

The gender recognition reforms were overwhelmingly supported by MSPs in a crunch vote in December 2022. The legislation would have streamlined the process for a trans person to obtain a gender recognition certificate without the need for a psychological examination and diagnosis for gender dysphoria.

READ MORE: John Swinney on why he does not regret support for SNP's gender recognition reforms

Labour’s plans will still require trans people to be diagnosed with gender dysphoria, ending any chance of a system of self-ID being set up north of the Border, despite the policy being devolved to Holyrood.

The Scottish Government’s legislation was blocked by a section 35 order by the-then Scottish Secretary Alister Jack, who argued that despite being devolved, the law would impinge on the UK Equality Act.

In December 2023, Humza Yousaf’s government, having lost a judicial review into the section 35 order, decided not to press ahead with an appeal.

Following that decision, SNP Social Justice Secretary Shirley-Anne Sommerville said that if the UK government “is willing to work together and indicate the changes they would find acceptable”, the Scottish Government would “happily sit down with them”, suggesting amendments could be made.

But the Scottish Government has now confirmed it will not be amending the gender recognition reforms and instead will fall in line with the proposals drawn up by the Labour UK government.

A Scottish Government spokesperson said: “The Scottish Government has no plans to bring forward a further Bill on gender recognition. The UK government has indicated that they intend to bring forward proposals to reform the Gender Recognition Act 2004. However, we have not seen any firm proposals.”

READ MORE: Gender recognition certificates should be viewed the same as adoption papers - Scottish Government lawyer

The UK-wide legislation will retain the need for a diagnosis of gender dysphoria from a specialist doctor.

Mr Swinney told journalists last week that he does not regret supporting the gender recognition reforms when he was Nicola Sturgeon’s deputy first minister.

But it has been suggested Mr Swinney’s deputy Kate Forbes, who has stated she would have voted against the legislation if she hadn’t been on maternity leave during the debate, is potentially influencing the SNP watering down its commitments to the LGBT community.

One SNP MSP told The Scotsman it “would be a betrayal to trans people if we don't have self-ID” in place.

A full ban on conversion therapy was absent from Mr Swinney’s Programme for Government in September. The First Minister indicated his Government would embrace the plans being drawn up by the UK government.

Scottish Greens equalities spokesperson Maggie Chapman said self-ID would “give trans people dignity and allow them to live, legally, as the people they are, without intrusive psychological assessments”.

She said: “I urge the Scottish Government to make good on its repeated promises to push for Keir Starmer and his government to respect our Parliament. I would hope that changes in the Scottish Government have not altered their commitment to equality or our democracy.

“Given their retreat from a range of socially progressive policies, I would be very surprised if the current UK Labour government would develop a Bill that would give trans people the dignity and respect that they deserve. We must be allowed to chart our own way in Scotland.”

A UK government spokesperson said: "As outlined in our King’s Speech, we are bringing forward draft legislation to ban conversion practices. We remain committed to modernising the gender recognition process while upholding the Equality Act and its provisions on single-sex exceptions.”