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Gender Recognition Act
21 February 2022
Lead MP
Elliot Colburn
Responding Minister
Mike Freer
Tags
NHSForeign AffairsWomen & Equalities
Word Count: 27245
Other Contributors: 23
At a Glance
Elliot Colburn raised concerns about gender recognition act in Westminster Hall. A government minister responded.
Key Requests to Government:
The MP asks the Government to revisit recommendations from the Women and Equalities Committee to produce guidance on the relationship between the Gender Recognition Act and the Equality Act. He also calls for a form of Registrar General in England and Wales, before whom transpeople would have to make a legal declaration to obtain a gender recognition certificate. The government needs to properly reform the Gender Recognition Act rather than just tinkering around the edges. This includes making it easier for individuals to apply for legal recognition of their gender while ensuring that non-binary people are not ignored due to structural limitations.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
The MP is concerned about the toxic debate surrounding trans rights and the lack of a civilised discussion on reforming the Gender Recognition Act. He notes that there are strongly held views on both sides, but also highlights the fear among people to express concerns due to threats and intimidation from extreme viewpoints. The petition gathered 137,271 signatures, with 70% support for reforms despite the government's response suggesting otherwise. The Gender Recognition Act is not fit for purpose. Constituents of the trans community face significant challenges such as bullying, harassment, and long waiting times for gender identity services. The current process for obtaining a Gender Recognition Certificate is bureaucratic, costly, and intrusive, which creates barriers to legal recognition of one's gender.
Angela Eagle
Lab
Wallasey
The current system of obtaining a gender recognition certificate is onerous, humiliating, and intrusive. Trans people face difficulties in obtaining the necessary medical reports and documentation, often resulting in refusal without feedback. The Act does not accommodate non-binary individuals or those under 18. Questions whether the process of requiring a diagnosis of gender dysphoria by two doctors can be considered kind, despite agreeing with the Minister's approach of using kindness.
Braintree
Appreciated the balance in her hon. Friend's opening speech and discussed meeting a transgender constituent to understand their challenges with gaining legal recognition for gender transition.
Anna McMorrin
Lab
Cardiff North
Emphasises that while there are no trans MPs, children of MPs who are trans or non-binary should be heard and feel supported by Parliament.
Anneliese Dodds
Lab Co-op
Oxford East
Ms Dodds expressed that the discussion needs to be respectful and focused on finding solutions through collaboration, not threats or intimidation. She emphasized the importance of separating gender from sex and avoiding conflating gender reassignment with sexuality. She stated that reform of the Gender Recognition Act is necessary but must include self-identification while upholding the Equality Act's protections for trans individuals. Dodds highlighted the bureaucratic nature of the current process and questioned whether minimal changes have actually been implemented despite promises to digitise it.
Mr. Blunt highlighted issues with the current Gender Recognition Act, including its bureaucratic nature and discriminatory aspects such as the spousal veto. He suggested that reforming the act would align it with other western countries and improve the lives of trans people.
Thurrock
Questions whether GRCs serve any useful purpose given same-sex marriage now exists and the GRA was introduced in 2004. The MP discussed the toxicity of the gender recognition debate, highlighting the clash between sex and gender rights. They called for a fresh look at how issues related to sex and gender are addressed in legislation, questioning the necessity of Gender Recognition Certificates (GRCs). The MP raised concerns about areas where biological sex is crucial, such as healthcare screenings and women's sports, noting that current laws fail to adequately protect these aspects. Welcomes the Minister's point and highlights the importance of risk assessment tools in placing individuals in appropriate prisons to manage inherent tensions effectively.
Joanna Cherry
SNP
Edinburgh South West
MPs receive death threats and a threat of corrective rape from a member of their own party for engaging in the debate. Inquired about waiting for Dr Hilary Cass's review before deciding on self-ID measures, citing an increase in puberty blockers and surgical treatments among young individuals. Cherry challenged the notion of conflating sex with gender, citing concerns about the potential consequences for data collection, sports participation, and legal protections. She emphasized the need to reform the Gender Recognition Act while respecting existing Equality Act protections for women.
Kim Johnson
Lab
Liverpool Riverside
The MP expressed concern about the Gender Recognition Act's failure to support trans and non-binary individuals, citing significant barriers in the current gender recognition process. She noted that fewer than 5,000 people have successfully completed the process, despite estimates of the UK trans and non-binary population ranging from 200,000 to 500,000 people. The MP called for a statutory gender recognition process based on self-declaration, similar to those in Denmark, Ireland, and Norway.
Kirsten Oswald
SNP
West Tyrone
Called for a simplified and more dignified process in the Gender Recognition Act reform, arguing it is currently degrading, intrusive, and traumatic. Emphasized the need to balance women's rights with trans rights, citing Engender's support for easier gender recognition processes. Discussed the current low uptake of GRCs due to burdensome bureaucracy, highlighting a Savanta ComRes poll showing majority support for reform in Scotland.
Kirsty Blackman
SNP
Aberdeen North
Ms Blackman emphasised the importance of reforming the Gender Recognition Act for trans people in the UK, highlighting that fewer than 6,000 out of an estimated 200,000 to 500,000 trans individuals have obtained a gender recognition certificate due to bureaucratic and unreasonable requirements. She also pointed out the necessity for legislation to consider non-binary identities and acknowledged the increase in hate crimes against transgender people. Asks the Minister to consider implementing waiting time standards for gender identity healthcare, as committed to in Scotland.
Layla Moran
Lib Dem
Oxford West and Abingdon
Clarified whether gender recognition should be part of current law based on the speaker's statements. The hon. Member questioned the lack of right to appeal in the current gender recognition process, which goes against principles of natural justice.
Brighton, Kemptown
The debate should be limited to the practical aspects of the GRA, focusing specifically on the process of applying for a gender recognition certificate and not broader political narratives. The MP agrees with the need for guidance on single-sex spaces and the application process for GRCs. He supports reforms to remove the requirement of a diagnosis of gender dysphoria and detailed medical reports. Asked if the speaker supports the current Gender Recognition Act and GRC process in prisons. He agreed with the need for a less toxic debate and acknowledged that the current Gender Recognition Act was not working, especially since the World Health Organisation no longer recognises gender dysphoria as a legitimate diagnosis. He highlighted the issues faced by individuals trying to obtain gender recognition certificates due to outdated documentation requirements and high fees. Requests more information on what language will replace gender dysphoria in the new system and questions whether doctors involved will only be specialists. Inquires about whether older teenagers under 18 have the capacity to guide their own pathways similar to the Gillick responsibility framework.
Luke Pollard
Lab Co-op
Plymouth Sutton and Devonport
Pollard highlighted the need for authenticity in discussions around trans rights, urging more inclusion of lived experiences. He supported reforming the Gender Recognition Act due to its inefficiencies, high costs, and negative impacts on mental health. Pollard stressed the importance of focusing on areas where there is consensus rather than engaging in divisive debates. He also pointed out regional disparities in access to gender identity healthcare services, particularly long waiting times in Plymouth and the south-west. Requests that non-binary people are remembered in the Minister's concluding remarks, acknowledging their presence in the debate.
Martin Docherty
SNP
West Dunbartonshire
The speaker discussed the need for reforming gender recognition, arguing against pathologising trans identities and highlighting that reforms do not affect sports competitions, NHS clinical decisions or criminal justice systems. He also addressed misogyny faced by women and called for greater egalitarianism.
Mary Foy
Lab
City of Durham
Called for reform of the Gender Recognition Act, arguing that it is too complex and bureaucratic. Highlighted support from 137,000 petition signatories and emphasized the need to introduce self-identification.
Mhairi Black
SNP
Paisley and Renfrewshire North
Legislators have five years to educate themselves on trans issues and should not shy away from discussing them. Pointed out that 1% to 2% of the global population is born intersex, challenging a previous statement and highlighting the importance of recognizing diverse gender identities. She argued that having a gender recognition certificate is helpful in only a few legal situations and criticized the current process as invasive, traumatising, unnecessary and dehumanising. Mhairi highlighted that 17 countries have passed reforms without issues and questioned why reform should be delayed.
Miriam Cates
Con
Louth and Horncastle
Miriam Cates argues that the petition to reform the Gender Recognition Act seeks a fundamental change in law, allowing individuals to self-identify their legal sex without medical diagnosis or proof of treatment. She contends that sex is immutable and determined at conception, influencing identity biologically and psychologically. Cates expresses concerns about threats to sex-based rights and the impact on children's mental health and development.
Nadia Whittome
Lab
Nottingham East
Discussed the non-permanent nature of hormone therapy in supporting young people exploring their gender identity. My hon. Friend supports reforming the GRA to make it quicker and more straightforward, remove medical reports, and offer legal recognition for non-binary people and those under 18.
Neale Hanvey
SNP
Dundee West
Mr Hanvey paid tribute to the hon. Member for Carshalton and Wallington, expressing his support for improving visibility, acceptance, and inclusion of trans individuals. He detailed his experience facing homophobia within the LGBT movement and highlighted the need for legal clarity on the definition of 'woman' in law. He acknowledged For Women Scotland's courage and called for an end to bullying and harassment of women holding established points of view.
Olivia Blake
Lab
Sheffield Hallam
Asked about the complexity of genetic diversity, mentioning people with different sets of DNA within their genetics.
Sarah Green
Lib Dem
Chesham and Amersham
Ms Green highlighted the petition from over 250 constituents seeking improvements to the gender recognition certificate process. She welcomed the reduction of the fee to £5 but questioned whether online applications truly streamline the process, as they do not reduce administrative requirements. She asked for more concrete steps the government is taking to ease the burden on applicants and inquired about removing the requirement for a diagnosis of gender dysphoria and addressing the opaqueness of the gender recognition panel's decision-making.
Stephen Doughty
Lab Co-op
Cardiff South and Penarth
Discussed the need for more debates on trans and non-binary issues, expressed support for Welsh Government's stance on reforming GRA, highlighted increased hate crimes against trans people, shared personal experiences of constituents facing discrimination.
Wera Hobhouse
Lib Dem
Bath
Agrees with maintaining civility but also states that reform of the Act is necessary due to problems it creates for transgender people. Asked Stephen Doughty about the impact of hate crimes against transgender people, citing nearly 100 cases in Avon and Somerset police region and suggesting the actual numbers could be much higher. She agreed with the previous speaker but asked if it was important to listen to women's fears, even though she would not stoke such fear.
Government Response
Mike Freer
Government Response
It is a pleasure to serve under the chairmanship today, Sir Christopher. The Government firmly believe that LGBT+ people should be free to live and prosper in modern Britain, with a focus on ensuring they can do so without discrimination or prejudice. Since taking up this post, I have been committed to addressing issues surrounding the Gender Recognition Act (GRA), including outdated language such as 'disorder' which will be removed from the Act via a remedial order. The Government recognise that while some GPs may refuse to issue hormones on the NHS due to personal beliefs, we are focused on making the process more supportive and patient-led for trans people.
Regarding prisons, it is incorrect to state that trans women can choose their prison of choice; instead, they will be placed in an estate most suited to their position based on factors including their status on the transition journey. We have also looked at over 100,000 responses from the 2018 consultation and maintain our view that the current system is sound and robust.
On single-sex spaces, there are no plans to change the Equality Act, which already allows organisations to provide such services if justified. The Government will address many of the issues raised in a formal response to the Women and Equalities Committee report soon. We also recognise the need for clarity around conversion therapy provisions, with the Conversion Therapy (Prohibition) Bill expected to include protections for the trans community.
Progress is being made on adult gender identity services through pilots across various settings, aiming to streamline processes and reduce wait times from three to five years currently. Dr Hilary Cass leads an independent review into gender identity services for children and young people, with interim recommendations due soon. The decision-making rules for under-18s will remain as they are, informed by the client, clinician, and wider support framework.
In conclusion, while discussions around the GRA have been intense and fraught, there is a commitment to ensuring that the trans community can live their lives with respect and dignity through supportive policies.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.