Michael Banks’ View – The Vanguard Party and Gender

Saturday May 1st 2021

Scottish-Parliament


Midlothian View Holyrood Challenge: This View has been written by Michael Banks, the Vanguard Party's candidate in the Midlothian South, Tweeddale & Lauderdale constituency for the Scottish Elections on Thursday May 6th 2021

Vanguard Party will push back against the tyranny of woke and identity politics and its obsession with issues of race, sex and genderfluidity.

Under the Gender Recognition Act 2004, the effect of a gender recognition certificate is that a person’s gender becomes for all purposes the acquired gender, so that, if the acquired gender is the female gender, the person’s sex becomes that of a woman.

In other words, in this example, it not only recognises that the person’s acquired gender is trans woman, but also purports to change that person’s sex from man to woman. This is truly the mother of all legal fictions. And fiction it is because biological sex is immutable, unlike gender. To that extent the law is misconceived.

The effect of a gender recognition certificate should be confined to recognising a person’s acquired gender. It should not conflate socially constructed gender identity with biological sex. Further, the requirements for the grant of a gender recognition certificate should not be reduced, and self-identification should not be legalised.

The Equality Act 2010 specifies protected characteristics including race, sex, sexual orientation, and gender reassignment. It is unlawful to discriminate because of a protected characteristic in the provision of services, accommodation, sport, etc.

Regarding services, exemptions allow for the provision of separate changing rooms and toilets for each sex (sex at birth) and for the exclusion of transgender people from changing rooms and toilets not consistent with their sex at birth.

Regarding residential accommodation that includes shared sleeping accommodation, exemptions allow for it to be limited to single sex, and for the exclusion of transgender people. This provides safeguards for women prisoners. In practise the Scottish Prison Service pays no heed to this and effectively is turning women’s prisons into mixed sex prisons. Scotland should have a dedicated prison wing, like HMP Downview, solely for transgender people,.

Regarding charities, an exemption allows them to restrict the provision of benefits to persons who share a protected characteristic, in this case sex. This allows a charity to operate a women’s domestic abuse refuge.

Regarding sport, exemptions allow for separate events for men and women where physical strength, stamina or physique are major factors, and for the exclusion of transgender people if necessary for reasons of fairness or safety.

All exemptions, including these examples, must be vigorously protected from woke influenced proposals for change.

The table shows the make-up of the Scottish Parliament since devolution. If you believe parliament has lost touch with your values and priorities and is sorely in need of some new blood, then please consider lending your vote to the Vanguard Party.

1999 2003 2007 2011 2016
  Const. Region Total Const. Region Total Const. Region Total Const. Region Total Const. Region Total
SNP 7 28 35 9 18 27 21 26 47 53 16 69 59 4 63
Con 0 18 18 3 15 18 4 13 17 3 12 15 7 24 31
Lab 53 3 56 46 4 50 37 9 46 15 22 37 3 21 24
Grn 0 1 1 0 7 7 0 2 2 0 2 2 0 6 6
LD 12 5 17 13 4 17 11 5 16 2 3 5 4 1 5
Ind *1 0 1 **2 ***1 3 0 ***1 1 0 ***1 1 0 0 0
Socialist 0 1 1 0 6 6 0 0 0 0 0 0 0 0 0
Sen. Citizens 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0
total 73 56 129 73 56 129 73 56 129 73 56 129 73 56 129
* Denis Canavan   ** Denis Canavan & Jean Turner   *** Margo MacDonald

 

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