As a controversial consultation into the Gender Recognition Act in Scotland nears its close, Hannah Rodger investigates what all the fuss was about

IN-FIGHTING, protests, covert surveillance and legal threats have surrounded arguably the most toxic debate in politics in the past 18 months.

For the avoidance of doubt, Scottish independence has not been the cause of such drastic measures.

Instead, plans to reform the Gender Recognition Act (GRA) and the discussions around it have descended into such chaos that many people are afraid to even ask questions, or mention the “G word” at all.

The plans, which would affect roughly 0.5% of the Scottish population – around 24,000 transgender people – are, in theory, easy to understand.

Currently trans people have to wait for two years before applying for a gender recognition certificate, a legal document confirming they can be classed as male or female. During these two years, they must live in their acquired gender, attend medical appointments, speak to professionals specialising in gender dysphoria and receive approval from a committee.

However, the process has been described as humiliating, degrading and stressful, at a time in a trans person's life when they are usually suffering immense stress already.

The Scottish Government vowed to change this in line with many other countries such as Ireland, Denmark and Malta, to make it easier. People would be able to apply for a certificate after living in their acquired gender for three months, and after a further three months they would be asked if they still wanted to continue the process. They would not need invasive medical examinations or interrogations, which the Government states “are demeaning, intrusive, distressing and stressful. That is, quite simply, not right for our citizens”.

What started as an intelligent debate quickly descended into heated arguments, political smears and protests outside events where speakers were discussing GRA.

Some women feel that the proposals could put their rights at risk, with suggestions including that that male sexual predators could pretend to be female in order to access women's spaces such a refuges, rape crisis centres or toilets, and use them to abuse women. Others say that women who have been victims of male violence simply wouldn't feel comfortable sharing a space with a transgender woman, particularly if she had male genitalia. Still more have raised concerns that male prisoners could claim they are now identifying as female so they can have better treatment behind bars.

While the Scottish Government consulted on the changes in 2017, with a majority of respondents in favour of the plans, relatively unknown groups began voicing concerns after it closed and said they had not been asked for their opinion. After a lengthy period of silence from Nicola Sturgeon, it was decided another consultation would be held, which closes in two days' time.

This new consultation brought a fresh wave of campaigning, where things turned increasingly more hostile. People on both sides began receiving hate-filled messages in their inboxes, describing them as transphobic or accusing them of siding with rapists. The worlds of sport, education and justice were engulfed in GRA.

Mhairi Black, SNP MP for Paisley, has been one of the most vocal politicians in support of the plans.

She has spoken passionately about the need to stand up for trans rights, and a video were she explained what the reforms would mean in a typically West of Scotland way went viral online. A quick glance on Twitter and it is clear her views are not appreciated by some, with messages calling her a “c***”, a “nazi” or a supporter of “sex predators”.

The MP has butted heads with another of the SNP's most vocal women – Joanna Cherry.

Cherry, a QC and now MP for Edinburgh South West, is vehemently against the plans and has said she believes “male-bodied individuals” should not have women’s rights.

As a result, she has been referred to as a transphobe, been subject to complaints within her party and described by some as one of the SNP's most divisive figures. She has also come in for her fair share of online abuse, called “a threat to all queer people” and a “transphobic b***h”.

The debate hasn't just engulfed the SNP, however. A prominent Labour MSP told The Herald on Sunday she was warned “not to talk about” GRA reforms.

The MSP said: “It has just become this elephant in the room. Nobody is allowed to speak about it now, because of what has happened with the SNP and how it has completely divided them. I'm still going to say how I feel but just the fact we've been warned against it shows how toxic it has become.”

Annie Wells, the Scottish Conservatives MSP, agreed about the toxicity of the debate and added: “It’s a shame that the debate seems to be turning increasingly toxic.

“There’s not an easy solution but I hope we can discuss this in a constructive and adult way. We need to consider all the evidence and examine the detail of any changes before we rush to judgment.”

She said that “nobody should suffer because of their identity and I’m going to continue listening fully to everyone who has concerns about this issue".

Wendy Chamberlain, the Liberal Democrats MP for North-East Fife, compared the debate to that which surrounded the decision to repeal Margaret Thatcher's Section 28 – a law banning the promotion of homosexuality by local authorities.

She explained: “I'm saddened that we went from all parties standing on manifestos in 2016 supporting reform to the divisive tone of the debate now.

“My hope is that, when we look at other issues such as Section 28, and where we are now, hopefully this will be looked back on as a difficult process but that we got to the right place as a society valuing individuals.”

As it stands, Sturgeon has said the Scottish Government will continue with its original plans to reform the GRA, however with the second consultation coming to an end on Tuesday there may yet be a long way to go before any legislation is changed.