Self-identification of Gender

Debate between Dawn Butler and David T C Davies

Wednesday 21st November 2018 Westminster Hall

[Dawn Butler (Brent Central) (Lab)]

I thank the hon. Member for Monmouth (David T. C. Davies) for bringing the debate to the House. It is absolutely right to say that we need to have this discussion. It should have happened sooner—if it had, maybe the void that was created would not have been filled with such hostility.

As many Members have recognised, yesterday was the Transgender Day of Remembrance. I want to reflect on the 369 reported killings of trans and gender-diverse people—one was in the UK—between 1 October 2017 and September this year. I also want to reflect on the number of trans people who, as we have heard, have considered taking their own life, especially students.

It is important that what is discussed in the House is accurate and sensitive. I feel that some of the remarks of the hon. Member for Monmouth were not as sensitive as they could have been. We have to remember that people who are transitioning will be watching this debate, and that we are decision makers and lawmakers. They will be looking at how we address this issue.

[David T. C. Davies]

It certainly was not my intention to cause any offence to anyone who is trans or otherwise. Perhaps the hon. Lady will educate me a little by explaining which of my comments she thought was insensitive.

[Dawn Butler]

You made a comment about people who are “unfortunate enough” to suffer from gender dysphoria. That has very negative connotations, just as it used to be said that people were “unfortunate enough” to be gay, to be a woman or to be black. The way you speak was picked up in your talking about simplifying—

[Dawn Butler]

Sorry, Mr Hosie. The hon. Member for Monmouth simplified cases to sensationalise them, which is unnecessary for this kind of debate.

[David T. C. Davies]

It was not my intention to cause any offence to anyone who is trans; I have tried to make that clear throughout. My understanding is that gender dysphoria is a medical condition that must be diagnosed. I suggest that, if somebody has gender dysphoria and is unhappy with their gender, that might be an unfortunate situation to be in. By saying that, I am certainly not trying to undermine the rights of anyone who is transgender.

[Dawn Butler]

I am sure the hon. Gentleman’s comments will slightly reassure the transgender community. The UK’s legislation is so out of date that we are no longer considered a world leader on LGBT+ rights. We were once No. 1—right at the very top. We slipped to third, and we are fourth in this year’s rankings. The International Lesbian and Gay Association’s “Rainbow Europe index” report cites a surge in transphobic media coverage as the reason for our falling down that league table.

The Labour party has a proud record of championing equal rights, including LGBT+ rights. It was a Labour Government who brought in the Equality Act 2010 and the Gender Recognition Act 2004, and who abolished section 28 and created civil partnerships. We need to recognise that LGBT+ people still face widespread discrimination, and it is clear that we must do more to enhance their rights and protections. The Gender Recognition Act 2004 is now out of date and needs amending. The issue is about changing sex and gender on birth certificates, and we should talk about the facts. Apart from birth certificates, it is already possible to change one’s name, title and gender marker on all UK identity documents. That has been working well for more than 40 years. In fact, most trans people do not want to go through the indignity of applying for a gender recognition certificate. The Government will have the support of Opposition Members to amend the Gender Recognition Act 2004.

I will go through a few more facts. Deliberately making a false statutory declaration is a serious crime and is punishable by imprisonment. From the heartfelt contributions that we have heard, we know that changing one’s gender is not done lightly. Reform of the Gender Recognition Act 2004 does not affect access to single-sex services and facilities, which has been made clear.