Gender Recognition Act

Debate between Angela Eagle and Nadia Whittome

Monday 21st February 2022 Westminster Hall

[Dame Angela Eagle (Wallasey) (Lab)]

It is a pleasure to serve under your inestimable chairmanship, Sir George.

I will speak to the actual issue that this petition is about, which is quite narrow and one that I think we ought to all, in our compassionate selves, be in favour of. The issue is how one gets official recognition through the issuing of a gender recognition certificate, which enables trans people to change their birth certificate to the sex that they wish to be—that they regard themselves as—and access certain pension rights without suddenly finding when they have lived their lives in the gender they wish, but do not have a gender certificate, and there are inconsistencies between their birth certificate and their own identity. This is about respect and dignity for trans people’s lives and the decision they have made to switch the gender that they live in.

The hon. Member for Carshalton and Wallington (Elliot Colburn) made an extremely good speech to open the debate. As he hinted at, the current system is onerous, humiliating and intrusive. It is sometimes impossible for people to interact with it, especially if they transitioned many years ago. Trans people have to get two doctors to agree that they effectively suffer from a mental illness; they then have to demonstrate to a panel, which they do not know and from which there is no feedback, that they have lived in their acquired gender for two years. For two years, they have to collect masses of documents such as bills, which can run into thousands of pages, to prove to the panel making the judgment that they ought to be issued with this certificate. They then have to produce other legal documents, all of which cost money, to make a submission to the panel.

I have talked to trans people who have been refused gender recognition certificates without receiving any feedback from the panel as to why. Trans people have to wait at least two years after they began to live in their acquired gender before applying for the certificate; they then have to collect all those things. They often have to pay doctors, because they cannot get access to those kinds of services on the NHS, much less access to the medical services they need for surgery or hormone replacement therapy, often, without going private. They then do not get any feedback on why they have been refused. That is not the kind of process that any decent, civilised society would put anybody through.

As the hon. Member for Carshalton and Wallington said in his opening remarks, we have a very narrow issue on gender recognition certificates. There is a reason why between only 1% and 5% of trans people have successfully applied for such certificates: it is simply almost impossible for them to do so while keeping their mental health stable.

[Nadia Whittome]

My hon. Friend is making an extremely powerful speech that is rooted in people’s real life experiences. Does she agree that the GRA needs to be reformed to not only make the process quicker and more straightforward and remove the need for medical reports, but offer legal recognition for non-binary people and those under the age of 18?