Gender Recognition Reform (Scotland) Bill: child rights and wellbeing impact assessment

7. What evidence have you used to inform your assessment?

7.1. The Scottish Government has decided not to seek to extend gender recognition to those younger than 16. The draft CRWIA published with the 2017 consultation set out research evidence the Scottish Government had identified and which has been considered as part of decisions made in relation to the Bill provisions.^[18]

7.2 The Gender Identity Development Service ("GIDs"), a specialised clinic for young people presenting with difficulties with their gender identity commissioned by NHS England has published details of the ages of those children and young people wo are referred to the GIDs between 2010-11 and 2020-21 in England, Wales and the Republic of Ireland.^[19] Of the 2,383 referrals in 2020-21, 91% of referrals (2,188) were for those aged 11 to 17, with a peak among those aged 15 years (539 referrals). The average age of referrals to the Young Person's Gender Service at Sandyford, Glasgow was 13.8 years old in 2017.^[20]

7.3. Evidence indicates that there may be a difference of experience between boys and girls. The GIDs has published statistics on the numbers of girls and boys who are referred to them each year. In 2020/21, the most recent year for which there is complete data, 1,512 (63%) of the young people referred were registered as female at birth, and 704 (30%) were registered as male (167 was unknown).^[21]

7.4. There is evidence suggesting that trans young people are more than twice as likely as non-trans people to be diagnosed with depression (50.6% compared to 20.6%) and with anxiety (26.7% compared to 10%).^[22] There is evidence that this is not an inherent feature of their being transgender.^[23] There is also some evidence that transitioning to living in their preferred gender and being supported with gender confirming medical interventions may help improve mental health, in many cases reaching levels experienced in the general population.^[24]

7.5. The independent analysis report for the responses to the 2017 consultation^[25] notes that a small number of respondents highlighted that a higher proportion of young people referred to gender identity clinics were autistic.^[26] The draft EQIA at Annex J of the 2017 consultation analysis report considers this more generally. Likewise, in the 2019 consultation, respondents broadly opposed to a statutory declaration-based system raised concerns about the number of autistic people presenting as trans. However, those broadly in support of a statutory declaration-based system, questioned the relevance of evidence suggesting a higher prevalence of autistic spectrum disorders in the trans population.

7.6. The draft Bill includes protections for those who are legally recognised but who are later demonstrated not to have had the capacity to understand the effect of obtaining a gender recognition certificate or to have been able to validly make an application. In such a situation, the certificate can be revoked by a court. The guidance and support available to all applicants for gender recognition, including applicants who may be more vulnerable, will be carefully considered when a Bill is introduced.

7.7. A considerable volume of research and evidence was referred to in responses to both the 2017 and 2019 consultations. This included anecdotal evidence, and studies undertaken by individuals or groups with a specific view. In considering all available evidence carefully, the Scottish Government has attached more weight to research that has been peer reviewed over speculative or anecdotal evidence. Care was also taken not to overly rely on research carried out by major stakeholders on either side of the debate in order to maintain balance, and preference was given to evidence from independent bodies. Views from major stakeholders and organisations with specific views or interests were still considered in the form of their consultation responses, as mentioned in section 6.

The views of trans, and non-trans, children and young people

7.8. As outlined above in section 6, Scottish Ministers and Scottish Government officials have met extensively with LGBTQI+ youth groups.

7.9. LGBT Youth Scotland gave evidence to the Women and Equality Select Committee inquiry into Transgender Equality which set out the views of trans people aged under 18^[27] about the benefits of legal gender recognition in terms of reducing discrimination and improving their mental health. LGBT Youth Scotland also responded to the 2017 consultation and 2019 consultation and set out the views of individuals in their response^[28],^[29] as mentioned in section 6 above.

7.10. The evidence suggests that:

• An increasing number of children and young people are seeking advice and support from gender identity clinics.
• A minority of children and young people identify as being trans and undertake a social transition.
• There is little consistency internationally in relation to the minimum age at which people can apply for legal gender recognition.

7.11. In Scotland, young people receive a number of rights which can be seen as analogous to a right to determine whether to seek legal gender recognition, such as the right to marry or register a civil partnership. Further, gender recognition has no effect on the rights to access treatment or surgery where an appropriate diagnosis must be in place under the existing protocols in NHS Scotland and in accordance with international best practice on gender identity health services.