International Day against Homophobia, Transphobia and Biphobia

Debate between Lord Herbert of South Downs and Crispin Blunt

Thursday 17th May 2018 Commons Chamber

[Crispin Blunt (Reigate) (Con)]

It is a delight to follow the hon. Member for Edinburgh West (Christine Jardine). Indeed, I am happy to call her my hon. Friend, as she was so generous in using that term for Conservative colleagues. That brings back memories of the days of the coalition, when we had a Liberal-Conservative Government with a majority of 80—a Government who were able to deliver very significant advances on these issues.

My party has proudly continued with those advances, and last year the Government committed to launching a consultation on reforming the Gender Recognition Act 2004, as recommended by the Women and Equality Committee’s 2016 transgender equality inquiry. Indeed, earlier today, the Minister for Women and Equalities recommitted to launching this consultation—soon. In the hands of the civil service, “soon” is a somewhat elastic concept, as the Minister will know. I would be grateful to her if she did a little better than that in replying to this debate, because every delay means people not being able to exercise the rights and choices they would ideally like to make.

The Gender Recognition Act enabled trans people, for the first time, to have their gender identity recognised under the law, which in 2004 was a very significant step forward for trans equality. Today, however, the Act is outdated and in urgent need of reform, and I commend the Government’s commitment to de-medicalise and streamline the process of legal gender recognition.

In its present form, the Act treats being trans as a mental illness by requiring applicants to have a psychiatric diagnosis of gender dysphoria, which is all too similar to what was thought about being gay and bi in the not too distant past. It also requires applicants to go through an intrusive and bureaucratic process to have their gender legally recognised, and it makes no provision whatsoever for non-binary people—those who do not identify as male or female—to have their gender legally recognised. I look forward to that consultation being comprehensive and including questions on non-binary recognition. That is vital so that we can hold a debate on reform that is based on facts and evidence.

Since the Government announcement last year, a small but vocal minority of people have run a campaign of misinformation and transphobia in the media and online in an attempt to derail reform. Attitudes have been expressed about trans people that echo the unhappy ignorance about lesbian, gay and bi people that helped to allow section 28 to be passed into law in this House 30 years ago next week. The Scottish Government have already consulted on their proposed reforms, including plans to introduce a process on the principle of self-declaration, and to bring Scotland into line with best practice in countries such as the Republic of Ireland, Denmark and Malta. Now we must do the same, and we ought to do it now—I look forward to hearing the timetable. In recent years we have rightly prided ourselves as a beacon of LGBT equality, but we must now take the opportunity to ensure that all trans and non-binary people are treated with the respect and dignity they deserve, and reinstate our position as leaders of LGBT equality in the world.

[Nick Herbert]

Before my hon. Friend turns to international issues, will he pay tribute to the many LGBT non-governmental organisations that work so tirelessly in this area, particularly Stonewall and the Kaleidoscope Trust, to which I know my hon. Friend—and you, Mr Speaker—have given particular and personal support?

[Crispin Blunt]

I am grateful for that intervention because it has been one of the delights of my relationship with you, Mr Speaker, that we have been able to work closely together on these matters over the past five or six years.

We continue to show leadership in this area. At the Commonwealth Heads of Government meeting the Prime Minister made a statement about British policy on this issue, and outlined the assistance we are prepared to give to help countries that were unlucky enough to inherit our unhappy laws in this area, which was extremely welcome. However, if we look around the world we see that, progress is not universal and consistent, as it has been in the United Kingdom. On 10 July 2018 the British Government will host the Western Balkans Summit in London, but LGBT issues are not on the agenda, and so far, LGBT organisations have not been invited to participate in the civil society forum, or other forums. In preparation for EU accession, many countries have formally brought many of their laws into line. However, it is not much good for an LGBT activist or group in that country if the law is all right, but nobody is doing anything to change attitudes in society, or to oversee and ensure that the police and other public authorities do what they are supposed to do to uphold the rights that people may have technically but not necessarily in practice.