Summary

  • MSPs' discussions on the Gender Recognition Bill go on until 01:17

  • Members have been debating the150 plus amendments that have been proposed to the legislation

  • The first chamber session took place on Tuesday and lasted eight hours. Discussions resumed this afternoon and have been subject to a number of suspensions

  • While amendments will continue to be the focus of today's late-night sitting, the final debate and vote on the bill will now take place on Thursday afternoon

  • The Scottish government wants to make it easier for trans people to obtain a Gender Recognition Certificate (GRC), which changes the gender recorded on their birth certificate

  • Opponents of the proposals fear the plans could be a danger to women and girls, particularly around the provision of single-sex spaces

  1. Everyone to be back after FMQspublished at 01:35 Greenwich Mean Time 22 December 2022

    MSPs have finally worked through all the amendments put forward on the bill.

    The 150 amendments included failed attempts to restrict rights for sex offenders, add safeguards in women's prisons, protect of single sex services for vulnerable women and faith groups, along with measures for women's sport and commitments to data collection.

    But we're not done yet.

    MSPs will start their Christmas holidays back in the chamber after First Minister's Questions on Thursday afternoon to conclude the debate and finally vote.

    Join us for FMQs later, with our coverage starting just before 12:00.

  2. Call to delay the final vote until Januarypublished at 01:31 Greenwich Mean Time 22 December 2022

    Conservative MSP Alexander Burnett criticises the way the government has pushed the third stage of the bill through before Christmas.

    He calls for a final vote on the bill to be held in New Year, but his motion is not agreed.

    Government minister George Adam responds to Mr Burnett, saying the Tories - even at 01:35 - "still feel they have to showboat" and accuses them of being behind delays today.

  3. And finally... voting on amendments is concludedpublished at 01:19 Greenwich Mean Time 22 December 2022

    After two mammoth sessions at Holyrood, voting on amendments finally comes to an end.

  4. Day two of gender bill debate: What have we learned so far?published at 01:06 Greenwich Mean Time 22 December 2022

    MSPs have spent a second day working through amendments to controversial plans to make it easier for people to change their legal gender.

    The Gender Recognition Reform (Scotland) Bill removes the need for a medical diagnosis of gender dysphoria to acquire a gender recognition certificate (GRC) and drops the age limit from 18 to 16.

    Here's a summary of what's happened so far:

    • About 150 amendments put forward by MSPs have been presented in the Scottish Parliament and the bill has been finalised, but the scheduled debate and vote have been delayed.
    • They will now be held on Thursday afternoon, which is after MSPs were due to finish up for Christmas.
    • Conservative MSPs accused the government of trying to avoid proper scrutiny by rushing the legislation through parliament before the two-week recess.
    • Amendments requested included restricting rights for sex offenders, adding safeguards in women's prisons, protection of single sex services for vulnerable women and faith groups, provision for women's sport and commitments to data collection.
    • The government was able to vote down opposition challenges.
    • An additional amendment was also attempted, reflecting a recent Court of Session ruling that a trans woman with a gender recognition certificate is a woman as far as the law is concerned, but was turned down.
    • SNP MSP Ash Regan was one of those saying she would vote against the bill that led her to resign as a minister because of her belief that "women and girls matter".
    • But when it comes to the vote expected on Thursday afternoon, the bill is likely to pass because of overwhelming support from the SNP/Greens coalition government and the Liberal Democrats, and a majority of Labour MSPs.

  5. A moral victory for Ash Regan?published at 00:38 Greenwich Mean Time 22 December 2022

    Ash ReganImage source, Scottish Parliament
    Image caption,

    Ash Regan smiles as the result is read out

    There is applause in the chamber after an amendment to the bill is agreed - and it's something of a moral victory for Ash Regan.

    The SNP MSP's amendment 71 called for the addition that "nothing in this Act alters the effect of Article 10 of the European Convention on Human Rights and the rights and protections that it affords".

    So, it's not going to be earth-shattering in terms of the final outcome, but it is a shot in the arm for the MSP who has been one of the most vocal critics of the government's plans.

  6. How things could change if the government bill becomes lawpublished at 23:50 Greenwich Mean Time 21 December 2022

    While we're waiting on a decision on how long parliamentary business can go on tonight, here's a recap on the current rules on gender recognition and how they could change.

    The current requirements in UK law for a gender recognition certificate are:

    The Scottish government - led by the Scottish National Party but also including ministers from the Scottish Green Party - wants to remove some of those hurdles, making the process quicker and easier.

    If the Gender Recognition Reform (Scotland) Bill becomes law, external, it would include these changes:

    • The age limit for applications will be cut from 18 to 16
    • The requirements for medical reports, including a gender dysphoria diagnosis, will be dropped
    • The period applicants are required to live in their acquired gender will be reduced from two years to three months (and, after an amendment to the legislation was accepted by ministers, to six months for 16 and 17-year-olds)
    • The addition of a three month "reflection period" before a gender recognition certificate is issued
    • Applications will be handled by the Registrar General for Scotland instead of the UK panel
  7. Analysis

    Everyone remains determined to have their saypublished at 23:07 Greenwich Mean Time 21 December 2022

    Philip Sim
    BBC Scotland political correspondent

    The debate could be heading for another midnight finish, with several groups of amendments still to go.

    Members remain determined to have their say on the different issues still to be discussed, although the accusations of foot-dragging have died down.

    It has become quite a sparky debate, with Labour’s Mercedes Villalba accusing the SNP’s Kenny Gibson of “bordering on hate speech” during a contribution about housing anatomical males” in women’s prisons.

    Mr Gibson contended that “if a fox called itself a chicken, would you put it in a henhouse? Of course not”.

    There have been appeals for members to keep the debate respectful, and to avoid straying into some of the language and tropes which dominate online debate of this issue.

    But equally some members – like the SNP’s John Mason – have said people should be free to debate in the terms they see fit.

  8. Why there will be no final vote until Thursdaypublished at 22:36 Greenwich Mean Time 21 December 2022

    If you're coming to us late this evening, MSPs are continuing to debate proposed changes to the Scottish government's Gender Recognition bill.

    The controversial proposals are aimed at making it easier for people in Scotland to change their legally recognised gender.

    Ministers had hoped a final vote on the bill would be held at the end of the debate this evening.

    However, a series of delays - along with hours of discussion - mean that vote will not now not be held until Thursday.

    There is no set finishing time for the amendments to be concluded tonight, but you can continue to follow the debate here.

  9. Analysis

    Hard-fought-for rights are at the heart of the matterpublished at 22:15 Greenwich Mean Time 21 December 2022

    Lauren Moss
    LGBT & Identity Correspondent | BBC News

    It’s well known by now that a lot of the division over the bill is over how to ensure the rights of one group don’t erode the hard-fought-for rights of another.

    Earlier this week, the UK’s minister for Women and Equalities Kemi Badenoch met with Scotland’s Social Justice secretary Shona Robison ahead of the stage 3 debate at Holyrood.

    She pointed to “a clear difference in approach between the two governments” over the act and stressed how the UK will “continue to safeguard the protected characteristics of sex and gender reassignment”.

    Yesterday’s debate saw proceedings suspended following an angry outcry in the public gallery when an amendment to blanket-prevent people with a history of sexual offences from applying for a gender recognition certificate was voted down. Instead, a “risk-based” approach on a case-by-case basis that would stop applications was approved.

    The Scottish government says this, and a requirement for an offender to notify the police about potential applications, goes further than what exists at the moment in the 2004 Act and that there is currently no other requirement.

    It remains to be seen whether that will appease the ministers in Westminster or the groups concerned about women’s safety.

    Both governments have vowed to work together.

  10. What do the bill's critics say?published at 21:57 Greenwich Mean Time 21 December 2022

    jk rowlingImage source, jk rowling

    SNP MSP Ash Regan has just been speaking in the chamber, once again bringing forward amendments to the government bill which led her to resign as a minister rather than back it.

    Earlier, we told how she said she will be voting against the bill "because I believe that women and girls matter".

    The government's proposals haven't been short on controversy - or high-profile critics.

    Author JK Rowling has said, external that reading about the Scottish government's proposals had "triggered" her due to memories of being sexually assaulted.

    Ms Rowling said her life had been "shaped by being female" and argued that "erasing the concept of sex removes the ability of many to meaningfully discuss their lives".

    The author, who lives in Edinburgh,posted a picture of herselfwith a T-shirt describing Ms Sturgeon as a "destroyer of women's rights" in support of a protest against the changes outside the Scottish Parliament.

  11. MSP 'happy for the debate to continue'published at 21:51 Greenwich Mean Time 21 December 2022

    The health scare involving an MSP immediately sparked debate about whether parliament should be sitting so late at night, with the Conservatives pushing to end the session immediately.

    But they were assured that the member was “feeling better” and was happy for the debate to continue, and would continue to take part in votes remotely.

  12. MSP who fell ill is able to sit up and eventually walk awaypublished at 21:37 Greenwich Mean Time 21 December 2022

    The session was suspended after an MSP took unwell at the back of the chamber.

    Other members were ushered out, although Emma Harper – who’s a registered nurse – was on hand to help out immediately.

    The member in question was able to sit up and eventually walk away after being checked over by parliament staff.

    However, the incident may spark further debate about the parliament sitting so late into the night.

  13. Session suspended after 'accident in chamber'published at 21:22 Greenwich Mean Time 21 December 2022

    The presiding officer calls another suspension after she is alerted to "an accident at the back of the chamber".

  14. Middle ground on late finishes has won the daypublished at 21:08 Greenwich Mean Time 21 December 2022

    Philip Sim
    BBC Scotland political correspondent

    The pace of debate has definitely picked up a bit since MSPs were told that:

    a) they are finishing amendments tonight, but not the bill itself

    and

    b) their planned early finish tomorrow is toast.

    Always felt like the easy middle ground between a longer delay and midnight sittings.

  15. The talking's far from over...published at 20:55 Greenwich Mean Time 21 December 2022

    MSPs in chamberImage source, Scottish Parliament

    if you are just joining us, the debate on the Scottish government's Gender Recognition bill is heading into a second late night of talks.

    MSPs have been speaking on the controversial proposals to make it easier for people in Scotland to change their legally recognised gender.

    It had been hoped that - after a midnight finish on Tuesday - all business could be concluded tonight.

    However, with the debate running hours behind schedule, a final vote will not now be held until Thursday afternoon.

    But there's still plenty more for MSPs to get their teeth into tonight and you can continue to follow it with us here.

  16. How many people could be affected?published at 20:40 Greenwich Mean Time 21 December 2022

    Lauren Moss
    LGBT & Identity Correspondent | BBC News

    trans protestImage source, PA Media

    The Scottish government has said it expects the change in the law may lead to 250-300 people being able to change their legal sex every year. That would be about a tenfold increase from the 25-30 a year there are now.

    So where else has this happened and what are the numbers in reality?

    It’s always difficult to compare countries like for like as the exact wording of the laws and make-up of the population vary. but let’s take the Republic of Ireland for one example.

    Ireland has a slightly smaller population than Scotland of 5.1m people and self-id was introduced there in 2015.

    There have been an increasing number of Gender Recognition Certificates granted over the years. 89 were issued in 2015 and so far in 2022 there have been 255. 135 were male to female and 120 were female to male certificates.

    With those figures it would suggest that the current estimates in Scotland are a reasonable assessment but, of course, no one can say with certainty how many people would apply.

  17. FM firm on the need to enhance the rights of trans peoplepublished at 20:20 Greenwich Mean Time 21 December 2022

    Nicola Sturgeon during Tuesday night's debateImage source, Getty Images
    Image caption,

    Nicola Sturgeon during Tuesday night's debate

    Throughout the day we've been rounding up views - positive and negative - on the government's gender recognition proposals.

    So what about the first minister's take on the plans?

    Well, Nicola Sturgeon has acknowledged that some people have "genuinely held concerns" - while arguing that others have latched onto the issue to spread transphobia.

    She has described herself as "a lifelong feminist" but said it is "really important" to protect and enhance the rights of trans people.

    And Ms Sturgeon has repeatedly insisted that trans rights and women's rights need not clash.

    The SNP leader has also hit out at transphobia within her own party.

  18. Analysis

    Hours behind schedule, but there's still no rushpublished at 20:06 Greenwich Mean Time 21 December 2022

    Kirsten Campbell
    BBC Scotland political correspondent

    MSPs are so far behind that they're just going to complete the amendments tonight, with the final debate and vote on the Gender Recognition Reform bill now taking place tomorrow.

    The over-run is down to a number of a factors. Repeated points of order have caused delays. Suspensions to deal with disruptive folk in the public gallery have interrupted the flow of proceedings. And then there's the time the presiding officer has taken to consider her response to last-minute amendments.

    But equally, the debate is being allowed to flow. There don't appear to be any restrictions placed on MSPs, who aren't being rushed, when speaking to amendments. Time limits on debates have repeatedly been extended to allow politicians to make their arguments and explain their viewpoints. That's frankly unusual at Holyrood, where most speeches are limited to just four minutes.

    Despite some of the frustrations that have been expressed about the handling of this legislation, the actual debate has, for the most part, been thoughtful, respectful and measured. A far cry from how toxic it has occasionally been outside the chamber.

  19. Confirmed: Debate will continue tonight and into tomorrowpublished at 19:58 Greenwich Mean Time 21 December 2022

    Philip Sim
    BBC Scotland political correspondent

    Holyrood's gender reform debate will officially spill over into tomorrow - everything that isn't the stage three amendments has been moved forward.

    So MSPs will sit on to finalise the bill tonight, then have the debate and vote on that finalised bill tomorrow.

  20. How things could change if the government bill becomes lawpublished at 19:45 Greenwich Mean Time 21 December 2022

    While we're waiting on a decision on how long parliamentary business can go on tonight, here's a refresher on what the current rules on gender recognition are and how they could change.

    The current requirements in UK law for a gender recognition certificate are:

    The Scottish government - led by the Scottish National Party but also including ministers from the Scottish Green Party, of which Ms Gomersall is a member - wants to remove some of those hurdles, making the process quicker and easier.

    If the Gender Recognition Reform (Scotland) Bill becomes law, external, it would include these changes:

    • The age limit for applications will be cut from 18 to 16
    • The requirements for medical reports, including a gender dysphoria diagnosis, will be dropped
    • The period applicants are required to live in their acquired gender will be reduced from two years to three months (and, after an amendment to the legislation was accepted by ministers, to six months for 16 and 17-year-olds)
    • The addition of a three month "reflection period" before a gender recognition certificate is issued
    • Applications will be handled by the Registrar General for Scotland instead of the UK panel