Draft Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2023

(Limited Text - Ministerial Extracts only)

Tuesday 6th February 2024 General Committees

[The Chair]

Before I call the Minister, I remind the Committee that the debate should be restricted to the scope of the instrument and not stray into wider issues of policy.

[The Minister for Equalities (Stuart Andrew)]

I beg to move,

That the Cttee has considered the draft Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2023.

This statutory instrument updates the list of countries and territories from which citizens are eligible to use the fast-track recognition process to obtain a gender recognition certificate. I am grateful to the House for finding parliamentary time to debate this secondary legislation and to you, Mrs Murray, for chairing this sitting today.

We laid the statutory instrument before the House on 6 December. This is the first time, subject to parliamentary approval, that the approved overseas countries and territories list has been updated since July 2011. I know the statement given by the Minister for Women and Equalities on 6 December generated a wide debate. It touched on the importance of communicating these changes clearly. It is important that everybody understands why we are updating this international gender recognition process, and that includes our colleagues internationally. Today’s sitting is focused on the details of the SI and our need to make this important update.

We are making these changes because the Government believe that it should not be possible for a person who would not satisfy the criteria to obtain legal gender recognition under UK legislation through the standard route to use the overseas recognition route to obtain a UK GRC. That would damage the integrity and credibility of the process under the Gender Recognition Act 2004.

There have been many changes in the international approach to gender recognition since the list was last updated in 2011. We have provided details of overseas countries and territories to be removed from and added to the list laid on 6 December, which is available to view on Legislation.gov.uk. We have undertaken thorough checks in collaboration with the Foreign, Commonwealth and Development Office to verify our understanding of each overseas system in question, and then measure that against the UK’s standard route to obtaining gender recognition. My officials and I have engaged extensively with posts, including those in the USA, Canada and Australia. I am confident that the international community understands the extent of the changes and the impacts of them on their citizens.

The overseas route to obtaining a GRC sees low volumes of application. Of the 370 total applications in the last quarter, only 4% used the overseas route for their application. Of the 7,043 applications received since 2009-10, 94% were standard applications and 5% were overseas applications. The impact on transgender people in this country and abroad will be minimal. This update brings the overseas route back in line with the standard route, allowing for more equality in application requirements.

It is extremely important to ensure parity with those who have taken the UK standard route to obtaining a GRC. It would not be fair for the overseas route to be based on less rigorous requirements and consequently for the GRC to be more easily acquired. I hope that the Committee will join me in acknowledging the need for this important update and approve this SI today.

--- Later in debate ---

[Stuart Andrew]

I thank all hon. Members who have participated in the debate. I am grateful for the discussion and for the views that have been shared, and I hope we can move forward.

I will try to answer some of the questions that hon. Members have raised with me. First, I should put on record that these are sensitive issues, and I want to conduct any debate on them in the manner that is incumbent on us all.

I understand the point about this measure being long overdue. In fairness, we spent a lot of time on the GRA consultation, and we thought it was important to focus first on a number of recommendations in it, such as reducing the fees and digitising the process. However, I do accept that this is something that should be done more regularly, and I am personally ensuring that we look at it.

The hon. Member for Oxford East asked why Germany is on the list. The reason is that there is currently a draft Bill on self-ID in Germany; it has not yet been introduced. The current system does require surgery, so it is equitable to us. We will obviously keep that in mind for the future.

On the issue of regimes, may I say right at the beginning that we have been very careful that we are saying that the systems in other countries need to be at least as rigorous as ours? That is not an endorsement of any of the processes or requirements in some of those regimes, and it in no way legitimises some of the processes that may happen in some countries.

Regarding responses from other countries, any and all of the concerns were heard very clearly, and they were considered in the usual way. I should point out that we were not required to do that consultation, but we did it because we felt that it was important to have that engagement.

The hon. Lady mentioned the timing of the laying of the SI. We sent it to the Vote Office ahead of the oral statement, but I am looking into the exact timings. If things were not done in the appropriate way, I apologise, and we will make sure that we learn from that. A full equality impact assessment was completed, not a regulatory impact assessment, as it is anticipated that there will be no impact on businesses.

The hon. Member for East Renfrewshire mentioned less rigorous processes. The reason we are having to make this change is that it would not be fair for people coming from another country, where the process is less vigorous than ours, to be able to get a GRA certificate, when people in this country are going through the agreed process that we have. It is about making sure that there is parity.

I agree with the hon. Member for Bath that both sides need to be heard. Sometimes, the extremes on both sides shout at each other, and a lot of us in the middle want to have a much more considered debate.

This is not about having a bureaucratic system but a system that is rigorous, because these are big decisions that people are making, and we want to ensure that they have all of the compassion, advice, counselling and support that they need. It is right that we do that, and it is right that we expect people from other countries who want to use the overseas route to have gone through that same process.

I hope colleagues will accept that I have tried to answer as many of their questions as possible, and I hope they will join me in supporting these recommendations, which I now commend to the Committee.

Question put and agreed to.

Resolved, 

That the Cttee has considered the draft Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2023.