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Gender Recognition Act Consultation
24 September 2020
Lead MP
Elizabeth Truss
Debate Type
Ministerial Statement
Tags
NHSEconomyBusiness & TradeWomen & Equalities
Other Contributors: 20
At a Glance
Elizabeth Truss raised concerns about gender recognition act consultation 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
We aim to ensure transgender individuals can live and prosper in modern Britain. The government has concluded that the balance struck by the Gender Recognition Act 2004 is correct, with proper checks and support for those changing their legal sex. We will streamline the gender recognition certificate process, reducing fees from £140 to a nominal amount and enabling applications online via gov.uk. To address healthcare needs, we are opening three new gender clinics by the end of this year, which will reduce waiting times by 1,600 patients by 2022. Dr Michael Brady is receiving funding for improving transgender people’s experience with NHS care. We also affirm the protection of single-sex spaces under the Equality Act 2010 and announce an independent review led by Dr Hilary Cass to ensure young people receive proper support in line with their age.
Crispin Blunt
Con
Reigate
Question
The MP questions why many transgender individuals feel compelled to hide and criticises the minister's handling of equality issues, particularly regarding trans people. He notes disappointment with the statement’s content, its inconsistency with previous consultations, and its negative impact on trans communities. The question also highlights the need for balanced legislation that addresses both trans rights and concerns about single-sex spaces.
Minister reply
The Minister believes the proposed settlement upholds rights of transgender individuals while protecting access to single-sex spaces. She mentions addressing healthcare services as a top priority, highlighting new clinics being established and improvements in the gender recognition certificate process.
Battersea
Question
The delay in responding to this consultation is completely unacceptable. Can the Minister tell us why it took so long? She failed to answer my question yesterday on whether the three new clinics mentioned in her statement were new, and we now know that they are not... What steps will she be taking to tackle the rise in transphobia and misogyny?
Minister reply
I can assure the hon. Lady that I brought this decision forward as much as I was able, given that it is a complex issue that we needed to thoroughly examine... We have funded Dr Michael Brady, our LGBT health adviser.
Shaun Bailey
Con
Bromsgrove
Question
Many of the trans community that I represent feel very locked out of the healthcare system at the moment. I welcome the comments that my right hon. Friend has made about focusing on healthcare, but can she assure the trans community that I represent that we will truly look at ensuring that the healthcare is accessible?
Minister reply
I completely agree with my hon. Friend that there are not enough services... We need to work closely with the Department of Health and Social Care to achieve that.
Anne McLaughlin
SNP
Glasgow Central
Question
The Minister’s language in the past has indicated better, and her failure to take action will have an impact on the many very distressed trans people who have written to me from across the UK... Do the Minister and her Government recognise the need to comply with international human rights law? Do they care about that?
Minister reply
I am very interested in what the hon. Lady has said, because my understanding is that the Scottish Government’s draft Bill to reform the GRA has been paused... In terms of human rights law, of course we are committed to that and we continue to lead the world in LGBT rights and human rights.
Sara Britcliffe
Con
Normanton, Pontefract and Castleford
Question
Does my right hon. Friend agree that it is important to reflect on the need to treat members of the trans community with kindness and respect and to find a way to make the path to self-determination not only cheaper but easier?
Minister reply
I absolutely agree with my hon. Friend, and it is important that we address the issues that transgender people have had with the process—namely, the cost and the bureaucracy.
James Murray
Lab Co-op
Ealing North
Question
The consultation received more than 100,000 responses, the vast majority of which were in favour of reform... Why have the Government taken so long to respond, only to ignore the wishes and destroy the hopes of so many in the trans community?
Minister reply
As I made clear earlier, the Government do not believe in moving towards a model of self-ID. This is a serious process that has taken time for us to consider... We have addressed the issues that transgender people highlighted as important to them around healthcare, bureaucracy and the costs of the process.
Nicola Richards
Con
Milton Keynes North
Question
Notwithstanding her valid point about reforms to healthcare, will she acknowledge that these changes are minimal... Will she report back to us on her work with colleagues in the Department of Health and Social Care and on her progress?
Minister reply
I certainly agree that healthcare is the big issue of concern to transgender people... I would be very happy to facilitate further meetings with Dr Michael Brady, our LGBT health adviser.
Barnsley Central
Question
I welcome the fact that the Minister has tried to take some of the heat out of this discussion and that she has at least come forward with some conclusions... How will the Minister’s administrative changes fulfil our international obligations to remove that classification?
Minister reply
The administrative changes will make the process considerably better. As I have said, we are also putting additional resources into transgender services... The specific diagnosis is a matter for clinicians.
Elliot Colburn
Lab/Democrat
Carshalton and Wallington
Question
I am proud to be the first openly LGBT person to represent Carshalton and Wallington in this House, and I stand by the trans community in saying that their rights are human rights. The reforms are a welcome first step, particularly in relation to health, but they need to go further. What assurances can my right hon. Friend give that this is indeed the first step and is not the end of what we are going to do for trans people in this country, that we will bring the UK into line with countries such as Argentina and Ireland, and that we will make those changes that cost so little but mean so much to trans people?
Minister reply
I point out to my hon. Friend that on this issue we are in line with the vast majority of major European countries, and we are working, through our international LGBT conference, to improve the rights of LGBT people across the world. I am very proud of the leadership that we as a country have shown in areas such as equal marriage and other issues of LGBT rights. It is important to note, though, that while we do want to improve healthcare services—and I am committed to working with the Department of Health and Social Care on that—we do not believe in moving to a model of self-ID. We believe that the system needs proper checks and balances.
Stephen Doughty
Lab/Co-op
Cardiff South and Penarth
Question
The problem is that the Minister is not showing leadership on this issue. The decision is wrong, the delay has been wrong, and the hurt caused to the trans community and to the non-binary community is wrong. That is what my constituents are telling me. She has heard the concerns from across the House. Does she understand the hurt to our fellow human beings, who are feeling deep distress and are deeply let down and deeply concerned about the direction in which this Government are going? And will she stop the off-the-record briefings to newspapers, whipping up hatred against the trans and non-binary community?
Minister reply
I can assure the hon. Gentleman that not a single off-the-record briefing has come from me.
David Mundell
Con
Dumfriesshire, Clydesdale and Tweeddale
Question
Thank you for granting this urgent question, Mr Speaker; it is very important that this Parliament demonstrates that it represents everybody in the United Kingdom, and I reiterate my solidarity with the trans community. Will my right hon. Friend clarify again the situation in relation to the three new clinics, as was implied by her statement on Tuesday? Are they new clinics in addition to the pilot projects previously announced? On their work, will she take on board the points raised by my hon. Friend the Member for West Bromwich East (Nicola Richards), in terms of a number of 1,600 against the ever-growing waiting list?
Minister reply
The clinics are new. As for whether they are the pilot clinics previously announced, those in the Department of Health and Social Care are the experts on that, but they are new clinics and they will reduce the waiting list. Clearly, they will not reduce the waiting list to the extent that we need that to happen, and that is why we are working with that Department on what more can be done, but I agree with my right hon. Friend that we do not want people to have to wait for this important treatment.
Bath
Question
On 13 July, Baroness Barker’s office submitted a freedom of information request asking for details of who the Secretary of State met with regards to the Gender Recognition Act 2004. To date, there has been no answer. Will she now confirm whether she personally met trans-led organisations and trans people before making this important decision, which ignores the views and recommendations of a clear majority of those who responded to the consultation?
Minister reply
I can assure the hon. Lady that I and the GEO have met with a wide variety of organisations. We have met 140 representative organisations, including LGBT and women’s organisations. I have also met a number of parliamentary colleagues to discuss this issue.
Question
There is a strong trans community in Darlington who are valued and appreciated by their employers. Over 200 company leaders have written to the Prime Minister in respect of trans rights. What assessment has my right hon. Friend made of the compatibility of the Government’s position on trans rights with that of corporate Britain?
Minister reply
I have set out the Government’s position on transgender rights, in terms of making sure that we protect those rights and making the process kinder and more straightforward in improving transgender healthcare services. As for what corporates’ views are, that is a matter for them rather than the Government.
Question
I welcome the very measured and conciliatory tone that the Minister has taken today. I welcome the improvements to transgender health services and the protection of vulnerable women, in terms of the retention of single-sex spaces in places such as domestic abuse shelters. Will my right hon. Friend outline the Government’s approach to women’s prisons?
Minister reply
My hon. Friend is right that under the Equality Act 2010, service providers can restrict entry on the basis of biological sex. Of course, there are cases, such as women’s refuges and prisons, where that is an important issue.
Cat Smith
Lab
Lancaster and Wyre
Question
It has taken the Government nearly three years to respond to this consultation and, in that time, the trans community have had their hopes raised and now dashed. If my inbox is reflective of the inboxes of other Members, the trans community feel bitterly let down by the Government’s actions this week. This has to be seen in a context of rising hate crimes, and the Government’s response—I will pull the Minster up on this—is not in line with what other nations are doing. We can look to Argentina or the Republic of Ireland, our near neighbour, which is doing things very differently. The Republic of Ireland has had a de-medicalised, self-determined system for gender recognition since 2015, and it is working. I urge the Minister to look again and not to let down the trans community, who are some of the most vulnerable constituents we represent in the House.
Minister reply
In my statement, I outlined the work we are doing to improve transgender healthcare. In all the research work and engagement we have done, that comes out as the No. 1 issue for transgender people. Focusing on improving those healthcare services is the way to help people lead better lives.
Question
My right hon. Friend’s statement will make it easier for people to be who they want to be, while maintaining the integrity of the Equality Act. Many women have felt anxious during this process, so will she reconfirm her support for single-sex spaces where reasonable?
Minister reply
My hon. Friend is right that we are striking a balance between the rights of transgender people and the rights of women. The position is clear in the Equality Act that service providers can restrict the use of spaces on the basis of biological sex, and it is important that women’s spaces, which have been hard fought for over generations, are protected.
Andrew Gwynne
Ind
Gorton and Denton
Question
In her written statement on Tuesday, the Minister stated that she wanted 'transgender people to be free to live and to prosper in a modern Britain', but between 2013-14 and 2017-18, recorded anti-trans hate crimes nearly trebled. What steps are she and her Government taking to tackle the discrimination, abuse and hate crimes that many trans people experience?
Minister reply
These crimes are appalling, and that is why the Home Office is taking very strong action to address them.
Bury South
Question
I welcome my right hon. Friend’s statement, and I echo what my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) said: while this is a very important step, it cannot be the destination; it can only be a step in a long journey. Does my right hon. Friend agree that under-18s should receive specialist support, and can she outline some of the measures that will be taken?
Minister reply
My hon. Friend is right that under-18s need specialist support. That is why Dr Hilary Cass, the former president of the Royal College of Paediatrics and Child Health, has been appointed to lead an independent review of gender identity services for children and young people. It will be wide-ranging, looking at the referral route to specialist services, assessment and diagnosis, as well as best practice for services.
Question
Despite a few crumbs of comfort, fundamentally, the Government are sticking with a process that the Women and Equalities Committee rightly said 'runs contrary to the dignity and personal autonomy of applicants.' Instead of describing this as 'checks and balances', will the Minister recognise that, in actual fact, it is a breach of human rights and the Government should think again?
Minister reply
As I have said, we want to make the process kinder and more straightforward. That is why we are reducing the bureaucracy by putting it online and reducing the fee, so that finance is not a barrier to people being able to access these services. The most important thing we are doing is improving the level of service available within the national health service, so that more people are seen more quickly.
Shadow Comment
Crispin Blunt
Shadow Comment
The shadow minister questions why many transgender individuals feel compelled to hide. He acknowledges the minister’s expertise in trade policy but notes a stark contrast in her performance on equality issues, particularly regarding trans people. The statement is seen as disappointing and inconsistent with previous consultations, leading to significant disappointment among trans communities and fears that their rights might be compromised. Blunt also expresses concern about the delay in issuing this statement and the negative impact it has had. He criticises the minister for not addressing a comprehensive paper submitted by his group earlier this year, which aimed at balancing trans rights with reassurance around single-sex spaces.
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