Gender Recognition Act

(Limited Text - Ministerial Extracts only)

Monday 21st February 2022 Westminster Hall

[The Minister for Equalities (Mike Freer)]

It is a pleasure to serve under your chairmanship today, Sir Christopher, and I thank my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) for his tone: I expected nothing less. He is known for his thoughtful and gentle approach to many thorny issues.

Today’s debate has been a reminder of the strength of feeling around this issue. Since I took up this post, I have been increasingly perplexed by why we cannot focus on people. I have said from day one that I am tired of debate about body parts, because it dehumanises individuals: it dehumanises people who are going through what is not an easy decision, and is most certainly not an easy process. To be absolutely clear, this Government firmly believe that LGBT+ people—I reiterate the T—should be free to live and prosper in modern Britain, and we are committed to ensuring that they can do so. We want people to live their life free from discrimination, prejudice and hate, and to ensure that everyone has the same opportunities in life.

I cannot necessarily address all the issues that have been raised, but I have been making copious notes, and while we may not agree on some of the fundamental reforms that the petition seeks, I have heard loud and clear the many issues—particularly on process—that we need to address. One of the issues that I have committed to taking up since I came into the LGBT+ equalities brief is ensuring that we lift up the bonnet, as it were, and find out where the process is not working. It cannot be right that people have to wait three to five years for an appointment at a gender identity clinic, let alone then wait to go through any form of surgical intervention, if that is what they choose to do, or wait for mental health support or access to hormones from GPs. It cannot be right that we have some GPs refusing to issue hormones on the NHS because of what they believe to be concerns. Those are some of the issues that we can address.

We may not be able to agree on a fundamental reform of the GRA down to what is known as self-identification—many Members have talked about how that is a misnomer and how people do not understand what it means. However, to make the whole process kinder and gentler, and more supportive and patient-led—I hate the word “patient” as well; or client-led, or whatever term we use—it needs to put the trans person at the heart of getting this right. That is one of the things that I am committed to getting right, as much as I possibly can.

[Dame Angela Eagle]

I thank the Minister for giving way on that point, and I agree with his approach of using kindness. The Government have said that they will not take away the requirement for a diagnosis of gender dysphoria—a mental illness—given by two doctors. How on earth, given what he has said today, can that be a kind process?

[Mike Freer]

I think the hon. Lady jumped to the bottom of the page, because the Government recognise that the reference to “disorder” in the Act is outdated and dehumanising, and it will be removed.

I want to ensure that we remember the people involved. Many Members have talked about the people who are impacted by our debate, and again the conversation has become too toxic. Bizarrely, I have been described as a misogynistic self-hating gay because I support trans rights. The ability to have a rational conversation about some of these issues has passed too many people by. We have a responsibility to ensure that we make our decisions based on fact.

I am sorry that I am digressing, but I do feel quite passionately. I must correct this completely wrong view that a trans woman can be placed in a prison of her choice. That is simply not true. Three years ago, the Ministry of Justice changed the rules, and now a prisoner will be placed in the estate that is most suited to their position—what their status is on the transition journey, their treatment and what their physicality is like. It is not just simply: “Hello, I’m a woman and I’d like to be in a woman’s prison, please.” That simply is not true. It is important not to minimise the concerns that people have about what has happened in the past, but it is equally right that we make sure that we base our arguments on fact.

[Jackie Doyle-Price]

I welcome what my hon. Friend has just said, but is not the critical point that the Ministry of Justice has a framework in place for risk assessing each individual who identifies as the opposite gender? By using that risk assessment tool, people can be allocated to the correct prison that suits their needs and the needs of their fellow prisoners. Does that not get to the heart of what we really ought to be getting to here, which is for service providers to have sensible policies to manage any inherent tension in what they are delivering?

[Mike Freer]

My hon. Friend is absolutely right, and I will perhaps come on to some of the guidance in a few minutes. However, I wanted to put on the record that some of what is misinterpreted as going on in prisons simply does not occur. The rules have changed, I think three years ago. For reference, I refer colleagues to the answer given at the last Women and Equalities questions by the Under-Secretary of State for Justice, my hon. Friend the Member for South Suffolk (James Cartlidge).

To return the previous point, we are taking steps to amend a specific reference to “disorder” in the Act via a remedial order as soon as possible. In my view, trans people deserve the dignity of being known as their true selves, which for some will include a very personal decision of accessing a robust legal gender recognition certificate system.

It is important to remember that changing legal sex is only one part of the picture. Trans people can and do go about their daily lives as their true selves, including with documents that match their acquired gender, without needing to apply for a GRC. For some, a GRC will be a necessary next step—if they wish to get married in their acquired gender, for example—but that will not be the route for everyone. We often get caught up in focusing on the Gender Recognition Act.

On the subject of the GRA, the 2018 consultation was extensive and it received more than 100,000 responses. We looked carefully at all the issues raised in the consultation. It remains the Government’s view now, as in September 2020 when we responded formally to the consultation, that the balance struck in the legislation is correct: the system provides proper checks and balances, while supporting people who want to change their legal sex. The system is sound. The system is robust. It works in a balanced way for all parties. But that does not mean—as I said at the outset—that we cannot work on ensuring that the process, with all the issues that many Members have raised, is addressed and resolved. That does not mean that we are not working to make things better.

The system can be streamlined to make it more straightforward. People have poked fun about the cost being reduced, but that was an important step. It was something we were able to do quickly because it did not require primary legislation. Members commented on the digitisation process, and all our feedback from beta testing—that is where it is, at the beta testing phase—is that the process is much improved and that those who have used it found it more straightforward and helpful.

I accept, however, the views of Members about the intrusive nature of the information that might have to be required for a panel. I will take that away and look at exactly what has to be provided to see whether it is still relevant. As with many things in Government, we tend to bolt things on and rarely take them away. Perhaps it is time to look at what we are asking for and to see whether it is still relevant.

Numerous Members commented on spousal veto. We will address many of the issues raised today in the formal response to the Women and Equalities Committee report. That response will be published shortly. I understand, however, that the Divorce, Dissolution and Separation Act 2020, which is to come into effect imminently, will remove what is known as spousal veto. I am sure that, if I have got that wrong, officials will quickly give me a kicking.

I turn to single-sex spaces. I assure colleagues that we will not be changing the Equality Act. For many years, trans people have used single-sex spaces in their gender without issue. The Government have no interest in curtailing that. It is also important that we maintain existing provisions that allow organisations to provide single-sex spaces. The Equality Act already allows service providers to restrict access to services on the basis of sex and gender reassignment, where that is justified.

A lot of media attention has been given to the Equality and Human Rights Commission and its work to provide clarity to service providers on the provision of single-sex services, which has long been called for. My hon. Friend the Member for Carshalton and Wallington said that it might be time to ensure that there is more clarity about what the Equality Act allows. I have spoken to the chair of the EHRC. We had a fruitful, if frank, conversation about how we are not seeking to change the Act, while recognising that for some people—as many have said today—clarity about its provisions might be welcomed. The EHRC is of course independent of the Government, which the Equality Act 2006 provides for. However, I am happy to reiterate our commitment to maintaining the existing provisions under the Equality Act 2010.

I will now turn to some wider issues that impact on the LGBT community. Trans lives are impacted not just by legal recognition. I know from my conversations with trans people and organisations that more needs to be done to improve the health and safety of trans people. Since I took up this role, I have gone out of my way to engage with stakeholders in the trans community and I saw for myself, when I visited CliniQ and met service users and the dedicated staff and volunteers, exactly the level of support that is needed and provided by the amazing team of clinicians and volunteers.

As numerous Members have said and as far as I am aware, no one in this Chamber is a trans person and therefore we cannot speak from personal experience. It was important in my role to ensure that I heard from trans people themselves. However, I also want to put on the record my personal commitment that the proposals in the Conversion Therapy (Prohibition) Bill—I realise we may have some differences to overcome on particular provisions—will include protecting the trans community.

[Anna McMorrin (Cardiff North) (Lab)]

I thank the Minister for giving way. He said that there are no trans Members of Parliament, which is absolutely the case. Nevertheless, it is great that we are having this debate and raising these issues. There are children of MPs who are trans and also non-binary. I wanted to make that point, to ensure that they are heard and so that people can be confident and feel that they have the support of this Parliament.

[Mike Freer]

I appreciate that the hon. Lady was not here for the bulk of the debate, but I am very conscious that some Members have trans children and trans siblings. I know from my own experience in the debate about equal marriage that what changed the whole tone of that debate was MPs standing up in the main Chamber and talking about their personal experiences as a gay man or as a lesbian woman, unable to get married. However, it is a very personal decision for a Member to stand up and talk about their personal life; some people are comfortable doing it and some people are not.

So although I firmly recognise that many Members, many members of staff and many House officials will have trans siblings and trans children, it must be the individual’s decision whether they come forward to help change the debate. I urge them to do so; I would love them to do so, because it changes the whole tone of a debate when people can visualise and personalise, rather than hearing some abstract policy about what a trans person might be. However, that is a very personal decision.

I accept all the criticisms that I have heard today that we have not always got the tone right. That is absolutely true. I am sorry if I get a thick ear from some of my ministerial colleagues for saying so, but it is true that we have not always got the tone right. This is sometimes an emotive issue where we sometimes get it wrong. However, I can tell Members that the Secretary of State is absolutely committed to ensuring that trans rights are firmly embedded in our programme. That is why I and Lord Herbert of South Downs have joined the team, and it is also why we have Iain Anderson as the LGBT+ business adviser.

An amazing addition to our team and the work we do is Dr Michael Brady, as national adviser for LGBT health. If anyone has in any doubt as to what we need to do, they should spend time with Dr Brady and go to the clinics that he works in, because the work that he and his team do is truly amazing. If anyone has any doubts, any fears or any worries about what the trans community are, they should go and see for themselves, and talk to Dr Brady and his team.

[Lloyd Russell-Moyle]

I will bring the Minister back to a point he made earlier, when he said the Government would remove the gender dysphoria language. Can he give a bit more explanation, based on the advice that he is getting from Dr Brady and others, about what they will replace that language with concretely? Will it just be a different word, or will there be a slightly different process that trans people will need to go through with their doctors? Will those doctors only be specialists, or will there be an ability for people to go to general practitioners and so on? Answering those questions might provide some movement that would be welcome.

[Mike Freer]

The hon. Gentleman asks quite a complex question, so, as he would expect, I do not have the answer now, but I will write to him. I can say that the word “disorder” will be removed; regarding exactly what it will be replaced with and how that will be implemented, I will write to him to give a full answer.

I will just mention the issue about some of the processes we have talked about. On trans health, progress is being made on adult gender identity services. Five pilots in a variety of settings have been developed, and these will be evaluated to give an insight on improving delivery. As I said at the outset, the fact that people have to wait three to five years to access services is simply unacceptable, and we are committed to ensuring that the whole client/patient—whatever term we want to use— process is streamlined and made faster, more effective and client-led.

[Kirsty Blackman]

In Scotland, we have committed to bringing gender identity healthcare into line with national waiting time standards, which we have put in place. I know it is slightly outside his remit, but will the Minister consider bringing in waiting time standards for healthcare?

[Mike Freer]

I am in the enviable position of being able to promise lots because I do not actually have to deliver it—I am not the Health Minister. I can commit to having conversations with colleagues across Government to deliver all the changes in the bits of Government and processes that impact LGBT people. That issue is firmly on my agenda, and I will take away that specific request and discuss it with my colleagues in the Department of Health and Social Care.

The issue of under-18s is often where people have the most concern, but I want to stress that it is the Government’s view that the under-18s are properly supported in line with their age and decision-making capabilities. That is why Dr Hilary Cass is leading an independent review into gender identity services for children and young people. We will receive the interim recommendations soon. I have met Dr Cass and her team to discuss their work, which is rightly independent of Government. I believe that many concerns that Members and the public have about services for under-18s, which are firmly an NHS responsibility, will be addressed by the interim report by Dr Cass.

[Lloyd Russell-Moyle]

I wonder if it is the Minister’s opinion that older teenagers under the age of 18 have the capacity to guide their own pathways—just as with the Gillick responsibility.

[Mike Freer]

The decision-making rules on under-18s will remain as they are. That decision making has to be informed by the client, clinician and the wider support framework, and all parties must have a voice.

To conclude, discussion around the previous consultation has been, rightly, intense, and issues raised today are fraught. The shadow Minister called it a Gordian knot, and I think we will struggle to address some of the issues. However, I share her view that we actually agree on many issues. With a lot of good will, we can address many of the issues that have been raised today. We have to remember who we are doing this for. It is to ensure that the trans community are supported with kindness, which is a word that I hate, because it sounds patronising, but the trans community must be supported as they go through what is an incredibly difficult process.

[Luke Pollard]

I am grateful to the Minister for giving way so late in his speech. I wonder if he could briefly mention non-binary people. It is a part of the debate, and has been discussed so far, but often non-binary people are erased in debates by virtue of being forgotten. Could the Minister remember them in his final words in the debate?

[Mike Freer]

I am aware of the issue and it is something I am working on with officials, but I cannot give any specific commitments today. I can, however, tell the House that the team and I are committed to ensuring that LGBT people can live their lives as safely and freely as they wish, with respect and dignity. I intend to do all I can to address the issues that are making the process and their lives difficult, cumbersome or bureaucratic.

These are emotive issues. I thank all colleagues for their contributions today. Although it is a subject that sometimes generates more heat than light, the way in which this debate has been conducted has proved that we can put our minds together and address some very difficult issues.

[Elliot Colburn]

It is a pleasure to serve under your chairmanship, Sir Christopher. I join the Minister in thanking colleagues across the House and on both sides of the discussion for their participation today, and particularly for having the bravery to come to this Chamber and speak on this topic. I would be shocked—I am prepared to bet with any Member in or outside of this room—if every single person who has contributed today, on either side of the debate, does not receive abuse. That is appalling and a shame.

I agree with the Minister that today we have managed to conduct ourselves better, frankly, than I expected— [Interruption.] It’s true. As I said in my opening speech, when the Petitions Committee was presented with this petition and tasked with scheduling it for debate, the look of fear on colleagues’ faces as we were deciding who would take it forward was genuine. I do not make light of that, but I am glad that we have managed to come to this position and have this conversation. I particularly welcome that it is this Minister who is in his place today, as I do not doubt his personal commitment to the issue one iota, and he has spoken incredibly well. I really feel that he is someone with whom we can have real and genuine conversations on both sides of the issue, and be sure that our voices will be heard; I am grateful that he has come here to respond to the debate.

I was interested to hear that the Government intend to remove the words “gender dysphoria” from the requirements set out in the Act.

[Mike Freer]

“Disorder”.

[Elliot Colburn]

Yes, sorry. I appreciate that the Minister cannot give any more details here, but he knows my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), the Chair of the Women and Equalities Committee, as well as I do, and I am sure that he will definitely be asked to come back to the Committee to give more details on that point.

The Minister also mentioned that the spousal veto will be removed in a divorce measure. That just leaves living in the acquired gender for two years as the last bit of the equation. It sounds as if the Government are already moving in the direction that the petition is asking them to. I know that we will want to flesh out some of the detail in the Women and Equalities Committee and in Women and Equalities questions, but if the Government are already minded to remove the words “gender dysphoria” and the spousal veto, that just leaves living in the acquired gender for two years.

[Mike Freer]

I need to correct my hon. Friend. It is “disorder” that will be removed.

[Elliot Colburn]

I thank the Minister for that clarification. I look forward to having more discussions with him on that in the Women and Equalities Committee.

I reiterate what everyone has said throughout the debate: we have to remember that at the heart of this matter are people who are just trying to live their everyday lives. If we can conduct ourselves with the respect and tolerance that we are showing each other in this room today, we can successfully take the heat out of the debate, have those discussions with one another and find those answers, because they are there and they are fixable. I am sure that this will be the first of many conversations. I thank all Members for coming today; it is one of the most well attended Petitions Committee debates that I have taken part in, and that can give us faith in the petitions system.

Question put and agreed to.

Resolved,

That this House has considered e-petition 327108, relating to reform of the Gender Recognition Act.