Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether they intend to review their Delivering same-sex Accommodation guidance, published in September 2019, particularly Annex B: Delivering same-sex accommodation for trans people and gender variant children; and if so, when.
Answered by Lord Bethell
In September 2019, NHS England and NHS Improvement published a revised version of the guidance on Delivering Same-Sex Accommodation. The team are reviewing feedback received and considering further revisions.
The guidance is clear that providers of National Health Service-funded care are expected to have a zero-tolerance approach to mixed-sex accommodation, except where it is in the overall best interest of all patients affected. There are some clinical circumstances where mixed sex accommodation can be justified. These are few, and mainly confined to patients who need highly specialised care, such as that delivered in critical care units.
There are currently no plans to withdraw the guidance. The guidance is relevant to all patients including patients who have the protected characteristic of gender reassignment as set out in the Equality Act 2010. That is, a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning sex. The review will include consideration of whether the language used within the guidance needs to be clearer.
NHS trusts have not been asked to provide the information required to make an assessment of the impact of allowing patients to self-identify their gender and there are no plans to ask them to do so. NHS trusts will be required to provide single sex services to patients, unless it is appropriate to do otherwise based on the patient’s clinical condition.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what plans they have, if any, to withdraw the Delivering same-sex Accommodation guidance, published in September 2019.
Answered by Lord Bethell
In September 2019, NHS England and NHS Improvement published a revised version of the guidance on Delivering Same-Sex Accommodation. The team are reviewing feedback received and considering further revisions.
The guidance is clear that providers of National Health Service-funded care are expected to have a zero-tolerance approach to mixed-sex accommodation, except where it is in the overall best interest of all patients affected. There are some clinical circumstances where mixed sex accommodation can be justified. These are few, and mainly confined to patients who need highly specialised care, such as that delivered in critical care units.
There are currently no plans to withdraw the guidance. The guidance is relevant to all patients including patients who have the protected characteristic of gender reassignment as set out in the Equality Act 2010. That is, a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning sex. The review will include consideration of whether the language used within the guidance needs to be clearer.
NHS trusts have not been asked to provide the information required to make an assessment of the impact of allowing patients to self-identify their gender and there are no plans to ask them to do so. NHS trusts will be required to provide single sex services to patients, unless it is appropriate to do otherwise based on the patient’s clinical condition.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether the Delivering same-sex Accommodation guidance, published in September 2019, provides for someone who is undergoing a personal process of changing gender but who (1) is not planning to undergo, (2) is not currently undergoing, or (3) has not undergone, gender reassignment by changing physiological or other attributes of sex; and if so, why.
Answered by Lord Bethell
In September 2019, NHS England and NHS Improvement published a revised version of the guidance on Delivering Same-Sex Accommodation. The team are reviewing feedback received and considering further revisions.
The guidance is clear that providers of National Health Service-funded care are expected to have a zero-tolerance approach to mixed-sex accommodation, except where it is in the overall best interest of all patients affected. There are some clinical circumstances where mixed sex accommodation can be justified. These are few, and mainly confined to patients who need highly specialised care, such as that delivered in critical care units.
There are currently no plans to withdraw the guidance. The guidance is relevant to all patients including patients who have the protected characteristic of gender reassignment as set out in the Equality Act 2010. That is, a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning sex. The review will include consideration of whether the language used within the guidance needs to be clearer.
NHS trusts have not been asked to provide the information required to make an assessment of the impact of allowing patients to self-identify their gender and there are no plans to ask them to do so. NHS trusts will be required to provide single sex services to patients, unless it is appropriate to do otherwise based on the patient’s clinical condition.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what assessment they have made of the impact of allowing patients to self-identify their gender on (1) the treatment of such patients, and (2) other patients accommodated in the same wards.
Answered by Lord Bethell
In September 2019, NHS England and NHS Improvement published a revised version of the guidance on Delivering Same-Sex Accommodation. The team are reviewing feedback received and considering further revisions.
The guidance is clear that providers of National Health Service-funded care are expected to have a zero-tolerance approach to mixed-sex accommodation, except where it is in the overall best interest of all patients affected. There are some clinical circumstances where mixed sex accommodation can be justified. These are few, and mainly confined to patients who need highly specialised care, such as that delivered in critical care units.
There are currently no plans to withdraw the guidance. The guidance is relevant to all patients including patients who have the protected characteristic of gender reassignment as set out in the Equality Act 2010. That is, a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning sex. The review will include consideration of whether the language used within the guidance needs to be clearer.
NHS trusts have not been asked to provide the information required to make an assessment of the impact of allowing patients to self-identify their gender and there are no plans to ask them to do so. NHS trusts will be required to provide single sex services to patients, unless it is appropriate to do otherwise based on the patient’s clinical condition.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government whether hospitals are required to provide single-sex services to patients.
Answered by Lord Bethell
In September 2019, NHS England and NHS Improvement published a revised version of the guidance on Delivering Same-Sex Accommodation. The team are reviewing feedback received and considering further revisions.
The guidance is clear that providers of National Health Service-funded care are expected to have a zero-tolerance approach to mixed-sex accommodation, except where it is in the overall best interest of all patients affected. There are some clinical circumstances where mixed sex accommodation can be justified. These are few, and mainly confined to patients who need highly specialised care, such as that delivered in critical care units.
There are currently no plans to withdraw the guidance. The guidance is relevant to all patients including patients who have the protected characteristic of gender reassignment as set out in the Equality Act 2010. That is, a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning sex. The review will include consideration of whether the language used within the guidance needs to be clearer.
NHS trusts have not been asked to provide the information required to make an assessment of the impact of allowing patients to self-identify their gender and there are no plans to ask them to do so. NHS trusts will be required to provide single sex services to patients, unless it is appropriate to do otherwise based on the patient’s clinical condition.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Home Office:
To ask Her Majesty’s Government, further to the answer by Lord Bates on 25 November (HL Deb, col 691), whether they plan to introduce primary legislation in relation to extraterritorial jurisdiction when dealing with forced marriages; whether they will then fully ratify the Istanbul Convention; and if so, what is the expected timetable for doing so.
Answered by Lord Bates
We have already taken extra-territorial jurisdiction on forced marriage through the Anti-social Behaviour, Crime and Policing Act 2014. However we will need to take extra-territorial jurisdiction over a number of other offences in order to be fully compliant with Article 44 of the convention. Primary legislation will be required and the Government is currently considering the approach to implementing the extra-territorial provisions and working with devolved administrations regarding ratification. The Ministry of Justice is responsible for introducing further amendments to domestic law to be able to take extra-territorial jurisdiction over the remaining offences and will seek to legislate as soon as the approach is agreed and Parliamentary time allows. The Government takes its international commitments very seriously and will only commit to such ratification when we are absolutely satisfied that we comply with all articles.