Summary

  • Nicolas Sturgeon pledges to allay fears over schools built on tip during FMQs

  • MSPs pass the Planning (Scotland) Bill

  • Update on the Scottish government review of the 2004 Gender Recognition Act

  1. Postpublished at 16:23 British Summer Time 20 June 2019

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  2. Call for consultation to run at same time as stage 1published at 16:21 British Summer Time 20 June 2019

    Lib Dem MSP Alex Cole-Hamilton

    Lib Dem MSP Alex Cole-Hamilton says there is a now a risk that we might not pass changes to the Gender Recognition Act before this parliament rises.

    He suggests running the second consultation concurrently with the Stage 1 process for a bill to give it a "fighting change" of passing on time.

    Ms Somerville disagrees that this can be done concurrently.

    It is our commitment to bring forward a bill in this parliament, she adds.

    She insists it will be possible to consult on the draft bill and present a bill to parliament with the time left.

  3. Will reforms be brought forward within this parliament?published at 16:15 British Summer Time 20 June 2019

    Scottish Green co-convener Patrick Harvie

    Scottish Green co-convener Patrick Harvie welcomes the government is still committed to reforming gender recognition laws and a move to a self-declaration system.

    Trans people have been waiting a long time for this reform, he says.

    Mr Harvie seeks confirmation that the government intends to bring legislation before the end of the parliamentary session.

    Ms Somerville says she appreciates some people will be frustrated by her statement today.

    I want to introduce a bill about gender recognition but more importantly I want to see such a bill passed with wide support, she says.

    We will move forward with a bill after the consultation and we will report back then on timetable, she adds.

  4. Will there be representation of trans people and non-binary people on consultation?published at 16:11 British Summer Time 20 June 2019

    Labour MSP Pauline McNeill says trans people face discrimination and prejudice every day.

    Ms McNeill says she is clear specialist services to support trans people can be improved without legislation.

    She asks in the move to a statutory declaration has any thought been given as to how a false declaration would be established.

    Will there be representation of trans people and non-binary people to ensure inclusive scrutiny, she asks.

    Labour MSP Elaine SmithImage source, bbc
    Image caption,

    Labour MSP Elaine Smith

    Ms Somerville says the statutory statement is the basis on which people can have faith and trust in the system.

    The minister accept she does not have all the answers and stresses this is an open consultation, including around false declarations.

    She says these proposals will not change protection around women's safe places.

    Ms Somerville says it is important she listens to trans people, non-binary people and women's groups.

  5. Tory MSP welcomes planned consultationpublished at 16:08 British Summer Time 20 June 2019

    Tory MSP Annie Wells

    Tory MSP Annie Wells welcomes the update, acknowledging the "strong feelings" on the subject.

    She welcomes there will be another consultation on the changes and that an equality impact assessment will be carried out.

    Ms Wells seeks more details on the alternative statutory process and whether the six month time frame for a person living in an acquired gender will change.

    When will the consultation be over and responses published, she asks.

    Ms Somerville says the consultation will allow for more discussion, including on the six month time frame.

    She says she will be mindful of international examples and what can be done to ensure reassurance is being provided.

  6. New working group on sex and gender data collection to be establishedpublished at 16:04 British Summer Time 20 June 2019

    Ms Somerville says unless a strong foundation of policy and guidance is created, the concerns of many women will not be allayed, nor will trans rights be improved.

    "Everyone in Scotland deserves to know that this government will work to promote their rights and protect them from discrimination."

    We will develop guidance to bring clarity to issues and ensure service-provides can be sure about service delivery, she adds.

    Turning to data collection, the cabinet secretary announces a working group to look at data on sex and gender to look at guidance on collection and aggregation.

    These issues need to be considered carefully, openly, thoughtfully and respectfully she says.

  7. It will be an offence to give a false statutory declarationpublished at 16:00 British Summer Time 20 June 2019

    Ms Somerville points out it will be an offence to give a false statutory declaration with a sentence of up to two years possible.

    She says these measures enshrine in law that this is a serious process.

    They will not be applicable to under 16s, but the government will look at providing more support for children she adds.

    I have heard directly from young trans people of the fear they face and they must be supported, she says.

    The minister explains that there are no plans to extend legal gender recognition to non-binary people but adds the government will establish a working group.

  8. Minister outlines solemn statutory declaration detailspublished at 15:57 British Summer Time 20 June 2019

    The minister outlines some of the key provisions to be in the draft bill for consultation:

    • existing requirements to provide medical evidence will be removed
    • they will be replaced with an alternative statutory process
    • applicants will now have to make a solemn statutory declaration that they intend to live in their acquired gender permanently
    • applicants will have to have been living in their acquired gender for three months, down from current two years
    • introduction of a mandatory three month reflection period before gender recognition certificate granted
  9. Government will bring forward draft bill later this yearpublished at 15:51 British Summer Time 20 June 2019

    Concerns raised about the reforms are not about trans women, but a fear of men using the act to harm women the cabinet secretary states.

    She says she shares these concerns, but argues this is not a fault of the trans community.

    Regarding last year's consultation, she highlights 65% of respondents were in favour of reform but some groups did raise concerns.

    "I have taken time to listen and to understand those concerns."

    Somerville

    The Scottish government remains committed to reform the 2004 Act and meet international best practice, the cabinet secretary tells the parliament.

    However, I want to proceed in a way way that builds maximum consensus she adds.

    The minister confirms legislation will not be introduced in the parliament immediately and instead a draft bill will be published later this year.

    A bill will only be introduced when full consultation on the precise details of the draft bill has been done, she says.

    The draft bill will be published alongside equality impact assessments to ensure all rights protected in a balanced way.

  10. The Equality Act already allows some trans people to be excludedpublished at 15:48 British Summer Time 20 June 2019

    Ms Somerville says there are two points worth noting:

    • gender recognition has been in place 2005
    • by reforming this law Scotland will not be leading the way, citing Northern Ireland

    She pivots to the Equality Act 2010 and says the rights in it must be protected.

    The minister says concerns have been raised about the provision and protection of single sex and women only spaces.

    The Equality Act already allows some trans people to be excluded, in some circumstances, from single sex services where proportionate and justifiable.

    This will not change, she adds.

  11. Minister highlights commitments to review and reform gender recognitionpublished at 15:44 British Summer Time 20 June 2019

    Social Security Secretary Shirley-Ann Somerville

    Social Security Secretary Shirley-Ann Somerville says in 2002 the European Court of Human Rights found the UK had breached human rights due to a lack of legal recognition of trans rights, leading to the 2004 Gender Recognition Act.

    This allowed trans people to update their birth certificate and was at the time ground breaking, she says.

    However, since then concerns have been raised the process is overly complex and medicalised she adds.

    Ms Somerville says the SNP committed to review and reform gender recognition law as a result, as did many other political parties.

  12. 2004 Gender Recognition Act updatepublished at 15:40 British Summer Time 20 June 2019

    Love is Love bannerImage source, Getty Images

    Social Security Secretary Shirley-Anne Somerville is now delivering an update on the Scottish government review of the 2004 Gender Recognition Act.

  13. Rennie asks underspend in transportpublished at 15:38 British Summer Time 20 June 2019

    Scottish Lib Dem leader Willie RennieImage source, bbc
    Image caption,

    Scottish Lib Dem leader Willie Rennie

    Scottish Lib Dem leader Willie Rennie highlights "the poor daily service on ScotRail" and the abandonment of the cycling targets.

    Does Mr Mackay understand how frustrated people will be that it is the transport department that has left its resources underspent by the most, he asks.

    The finance secretary says in terms of the areas that were cited this was not around rail services and says Abellio must address challenges.

    Mr Mackay says some of the transport underspend will be due to infrastructure projects and the variance in capital is £1m.

  14. 'Serious questions' about reserve depletionpublished at 15:37 British Summer Time 20 June 2019

    Scottish Green co-convener Patrick Harvie

    Scottish Green co-convener Patrick Harvie says there are serious questions around the depletion of the Scotland reserve to £135m.

    What is the cabinet secretary's plan for dealing with this, he asks.

    Mr Mackay refers the member to comments he made the the Finance Committee recently.

    He insists there is a range of moving parts and a range of factors which impact it.

  15. Labour MSP criticises 'Scottish government slush fund'published at 15:33 British Summer Time 20 June 2019

    Labour MSP James Kelly says the first minister told MSPs that every penny of the Scottish budget was accounted for during FMQs.

    "What the first minister did not tell us was that £449m was being held back in a Scottish government slush fund."

    Mr Kelly says the public will find this absolutely astonishing in the face of child poverty, waiting lists and the state of Scotland's trains services.

    Why did the cabinet secretary not use the money at his disposal to alleviate the "hideous two-child cap".

    Labour MSP James KellyImage source, bbc
    Image caption,

    Labour MSP James Kelly

    Mr Mackay says the parliament has to be more mature in financial matters.

    The cabinet secretary points out only last week he was asked how much cash he had to address the income tax reconciliations and that requires a modest amount of cash to be set aside.

    He says non-cash depreciation cannot be deployed to frontline services.

    Only the fiscal and capital resource can be deployed and the variance is 0.6% if Barnett consequentials are factored in, he says.

    Mr Mackay insists: "The Labour Party changes its fiscal asks as often as it changes its socks."

  16. How much is in the Scotland reserve?published at 15:27 British Summer Time 20 June 2019

    Tory MSP Murdo Fraser

    Tory MSP Murdo Fraser says there in an underspend from last year's budget of nearly £0.5bn, while taxes have been hiked.

    Mr Fraser also raises the "project £1bn blackhole" in public finances, before asking how much of the underspend will go into the Scotland reserve.

    Mr Mackay said the fiscal resource reserve will be at £135m.

    He says the modest amount has been set aside to address issues raised by the Finance Committee.

  17. Provisional non-cash underspend of a £142mpublished at 15:24 British Summer Time 20 June 2019

    Mr Mackay says he gave very serious consideration to introducing a staggered debt maturity profile.

    The finance secretary says 2018-19 was the first year of the Scotland social security agency operation which provided over £185m of support to the people of Scotland.

    He says there is a provisional non-cash underspend of a £142m which represents no loss of spending power to the government.

    He concludes the cash underspend is less than 1% of the budget.

  18. Outturn confirms £32bn spent against £32.5bn fiscal budgetpublished at 15:19 British Summer Time 20 June 2019

    Finance Secretary Derek Mackay
    Image caption,

    Finance Secretary Derek Mackay

    Finance Secretary Derek Mackay says the Scottish government has prudently managed Scotland's finances against the backdrop of Brexit, austerity and "Tory mismanagement of the economy".

    He points to the city region deals, increases to capital investment and other initiatives designed to boost the economy.

    Turning to the outturn for 2018-19, he confirms £32bn has been spent against a fiscal budget of £32.5bn with an overall cash variance of £449m.

    Mr Mackay says £699m has been raised from Land and Buildings Transaction Tax and Landfill Tax.

    There is no loss of spending power to the Scottish government, he adds.

  19. Provisional outturn statementpublished at 15:15 British Summer Time 20 June 2019

    Piggy bank

    Finance Secretary Derek Mackay delivers a statement on the provisional outturn.

  20. Labour MSP welcomes invite to US mesh surgeonpublished at 15:08 British Summer Time 20 June 2019

    Jeanne FreemanImage source, bbc

    Health Secretary Jeanne Freeman replies the halt in the use of mesh implants would only be lifted if a high vigilance restricted use protocol is produced to her satisfaction.

    Mr Findlay says: "I warmly welcome the news that it looks possible the US surgeon Dr Veronikis may be coming to Scotland."

    He thanks Scotland Mesh Survivors, the Sunday Post and MSPs who have kept the pressure up on this.

    In the interests of transparency can the minister ensure that all the minutes of the accountable officers group and the short-life working group on mesh are published today, he asks.

    Neil FindlayImage source, bbc

    Ms Freeman says whether or not mesh is ever returned is her decision and no work has been undertaken by the government in planing for its return.

    The health secretary says the short-term working group have published the minutes of their first meeting today.