Domestic Abuse

Baroness Barker Excerpts

Thursday 22nd March 2018 Lords Chamber

[Baroness Barker (LD)]

I hope that noble Lords will agree that any person—man or woman—fleeing domestic violence has the right to access secure accommodation in which they feel safe. In the past few months there has been a lot of fevered comment on the status of refuges, and I want to take a moment to ask the Minister to confirm my understanding of the law.

It is the Equality Act 2010, not the Gender Recognition Act 2004, that provides trans people with legal protection from discrimination and addresses access to single-sex services. The Equality Act 2010 provides an exemption for single-sex services, allowing a trans person to be treated differently from other service users provided that that is a proportionate response to achieve a legitimate aim.

Reform of the Gender Recognition Act will not change that exemption. Violence-against-women services already have robust risk management and safeguarding policies in place—for example, to identify and prevent any lesbian perpetrator of violence against a partner gaining access to a women’s-only service. Such services can and do exclude from group work and shared refuge accommodation anyone who is assessed as posing a risk to other service users—for example, due to anti-social behaviour, a criminal history or drug addiction. Possession of a gender recognition certificate would not circumvent in any way those risk management procedures and exclusion would still be possible.

For several years, many UK violence-against-women service providers have allowed trans women to use their services on a self-declaration basis, and no problems have been reported. Does the Minister agree that the review of the Gender Recognition Act should uphold those protections for all people who need domestic violence services?