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Gender Recognition

06 December 2023

Lead MP

Kemi Badenoch

Debate Type

Ministerial Statement

Tags

Crime & Law EnforcementForeign AffairsWomen & EqualitiesChildren & Families
Other Contributors: 27

At a Glance

Kemi Badenoch raised concerns about gender recognition in the House of Commons. A government minister responded. Other MPs also contributed.

How the Debate Unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said:

Government Statement

Crime & Law EnforcementForeign AffairsWomen & EqualitiesChildren & Families
Government Statement
The Government’s policy is that self-identification does not apply to obtaining a gender recognition certificate. However, the UK values freedom from discrimination for everyone. The Minister highlighted the passage of significant legislation such as the Marriage (Same Sex Couples) Act and Turing's law, along with efforts to modernise the gender-recognition process while maintaining rigorous checks. Today’s statement pertains to an order updating the list of approved overseas countries and territories under section 1(1)(b) of the Gender Recognition Act 2004. This update is necessary due to changes in some systems abroad, ensuring that they meet UK standards rigorously for obtaining gender recognition certificates. A thorough review was conducted by collaborating with the Foreign, Commonwealth and Development Office (FCDO), which verified overseas systems against the UK’s criteria. The Government engaged with devolved administrations before proceeding. This update ensures fair treatment for all applicants and legal integrity. The Minister also mentioned complexities between the Gender Recognition Act and Equality Act 2010, reinforced by a recent judicial review in Scotland. To address these issues, the Government is exploring evidence-led approaches and consistency across policies, potentially including legislative clarification on definitions of sex to avoid confusion.

Shadow Comment

Anneliese Dodds
Shadow Comment
The Shadow Minister thanked the Minister for advance sight of her statement but criticised the lack of engagement with LGBT+ issues. She pointed out delays in banning conversion practices and delivering hate crime protection, highlighting the Government’s inconsistency. Regarding updates to approved overseas countries lists, she noted that while updating this list was promised 13 years ago under Labour, it has taken until now for action. Dodds questioned why there is little clarity on specific changes made, such as Germany's self-ID system remaining on the list despite recent reforms. She raised concerns about the impact of these updates on existing and pending applications from foreign nationals and whether bilateral discussions were held with affected countries before making decisions. She also asked for clarification on mutual recognition impacts in Ireland and other rights like marriage and adoption.
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