SOCIAL Justice minister Shona Robison has rejected calls to delay the planned reforms to Scotland’s gender recognition laws after the Court of Session ruled that a transwoman with a Gender Recognition Certificate is legally a woman.

The minister, who is steering the legislation through Holyrood, rubbished claims that the opinion would have any impact on the new legislation due to be voted on next week. 

However, the Tory MSP Rachael Hamilton said she feared there could be implications for the exceptions allowed in the 2010 Equality Act.

She said making it "substantially easier" for someone to obtain a Gender Recognition Certificiate (GRC), as the new legislation does, could allow "violent men to abuse the process and target women in abuse shelters and other protected places."

The case was brought by the For Women Scotland campaign group over Scottish Government legislation designed to increase the number of women on public boards.

READ MORE: Court of Session Gender Recognition ruling could impact new law

For Women Scotland claimed the Scottish Government had overstepped its powers by effectively redefining the meaning of gender, to include people born as men.

However, Lady Haldane disagreed.

Her judgement, issued on Tuesday, stated that sex was “not limited to biological or birth sex, but includes those in possession of a GRC obtained in accordance with the 2004 [Gender Recognition] Act stating their acquired gender, and thus their sex.”

The Gender Recognition Reform Bill seeks to streamline the process for a trans person to obtain a GRC by removing the need for a medical diagnosis.

Ms Hamilton said: “Now we have a court ruling that from the perspective of the 2010 Act, trans women are included within the legal definition of women. 

“By next week, the Scottish Parliament could pass a self ID law which could significantly speed up the process to obtain a gender recognition certificate. 

“This would make it substantially easier for violent men to abuse the process and target women in abuse shelters and other protected places. 

“Does the Cabinet Secretary now accept that the gender recognition reform bill may impact the rights and protections for women and girls under the Equality Act? And does she agree that we must now pause the gender recognition bill to consider the full implications of the court ruling cabinet secretary?”

Ms Robison said the case proved that the effect of having a GRC “remains what it has been for the last 18 years.”

“It enables people to change their birth certificate to be in line with their acquired gender. The bill makes no change to this effect. It also very clearly does not modify the Equality Act 2010 which is now stated on the face of the Bill.

“Lady Haldane's ruling applies to GRCs as the issue today under the current UK wide process, and it will apply equally to those issued in Scotland under the process set out in the bill should Parliament agree with the bill. 

“Even if this bill didn't exist, the ruling would have been the same.”

She said there were already exceptions in the Equality Act to enable single sex services to “exclude trans people or treat them less favourably where that is a proportionate means of achieving a legitimate aim.” 

“Those exceptions still apply and can do so whether the person has a GRC or not. We support those exceptions and think they provide important protections. This Bill does not change them,” she said.

Ms Hamilton said that with next week’s vote, the Scottish Parliament “could be sleepwalking into passing a Bill that will put women and girls at risk”.

She said the legislation was being rushed through. “Why it is so essential that this bill is passed before Christmas?” she asked.

Ms Robison replied to say MSPs had been considering the issues for six years. 

“There have been two full consultations on this bill and there has been a lot of discussion and debate within this parliament and I think the equalities committee had 12 sessions looking at this matter, so I know at the end of the day this parliament has to come to a conclusion on this Bill.”

Labour’s Jackie Baillie told the chamber there were amendments to the legislation proposed which would restate the provisions in the Equality Act 2010, “including exclusions that can be applied in the delivery of single sex spaces where it is proportionate to do so, and requiring the government to publish guidance on the impact of the operation of the GRR for public bodies and service providers in Scotland." 

“So will the government consider the position very carefully and ensure that services are not left to interpret the legislation by themselves?” she asked.

Ms Robison warned that that could lead to a legal challenge from the UK Government. 

“All I would ask Jackie Baillie to reflect upon are some of the utterances that are coming from the UK Government about the ability, willingness and keenness to challenge this legislation. 

“I don't want to give the ability for that to be able to happen by including things within this bill that would make that easier.”