THOSE on the sex offenders register will have to tell police if they apply for a gender recognition certificate under Scottish Government plans to allay fears of potential fraud.
SNP Social Justice Secretary Shona Robison confirmed that Justice Secretary Keith Brown will bring forward measures to respond to fears the gender recognition plans could be opened up to potential fraud from sexual offenders.
Holyrood’s Equalities Committee is considering the Scottish Government’s gender recognition bill at stage two, where amendments are attached to the legislation.
The parliament as a whole will then consider the amended bill at stage three, likely to take place before the Christmas recess.
Under the plans, supported by all parties except the Conservatives, the process for trans people to obtain a gender recognition certificate, will be streamlined – with a move to self-ID rather than the current process which requires a diagnosis of gender dysphoria.
The age limit will also be lowered from 18 to 16 under the plans while those fraudulenty applying for a gender recognition certificate could face criminal prosecution.
Conservative MSP Russell Findlay raised concerns over the three month reflection period meaning “an alleged rapist would be able to seek a GRC before coming to trial”.
He claimed it would create a “ludicrous situation where a rape victim may have to refer to her male-bodied rapist in the dock as she and her”.
Mr Findlay proposed an amendment to “stop a GRC application where an applicant is charged with any crimes being prosecuted under solemn proceedings”, prevent those on the sex offenders register from applying for a certificate and also to inform police when a GRC application of someone on the sex offenders list is made.
Mr Findlay said the current proposals would allow predators to “hide their true identity”.
He added: “This would make it incredibly easy for predators to erase their pasts.
“Society would be prohibited from anyway of knowing if a legally-defnied female was actually a male sex offender.”
He added that SNP ministers claiming that there is no evidence of sexual offenders using a gender recognition certificate for fraudulent purposes was “ill-judged and naïve” and also “inevitable”.
In response, Ms Robison said: “I can today inform the committee that the Cabinet Secretary for Justice and Veterans will, before this bill is commenced, introduce regulations to amend the sex offender notification requirements so that those on the register are required to notify the police with details as to whether they have made an application for a gender recognition certificate.
“This will mean additional information will be available to help identify and individual and inform their subsequent management.
“This does not mean there is any implied link between trans people seeking gender recognition and sex offenders but will mean that Police Scotland will be informed of an application of someone on the register.”
Ms Robison also pointed to an amendment to be put forward by Tory MSP Jamie Greene, who is supportive of the principles of the bill.
She said: “I will be supporting the principle of the creation of a new statutory aggravation offence in connection with fraudulently obtaining a GRC.
“Taken together, this is the right, proportionate and competent set of measures to put in place in this area.”
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