Gender Self-identification

Charlotte Cane Excerpts

Monday 19th May 2025 Westminster Hall

[Charlotte Cane (Ely and East Cambridgeshire) (LD)]

It is a pleasure to serve under your chairship, Mr Mundell. I, too, thank the petitioners for bringing this petition forward, and my hon. Friend the Member for South Cotswolds (Dr Savage) for moving the motion.

Since the Supreme Court decision, I have received a lot of emails from people in great distress, and even fear. I have talked to women who have transitioned who were very confident playing a strong role in their local community—in many cases, standing to be councillors and things like that—but even those confident women, whom I have known for years, are now frightened and worried about how they will manage under the guidelines put in place since the Supreme Court made its decision.

We all know that the NHS is in crisis, and that is also true of the services for transgender people. As we have heard, they can correct their gender on their passport and driving licence with just the support of their GP, but they cannot get that all-important gender recognition certificate, nor the medical treatment they need, such as hormones and so forth. As we have heard, they often have to wait up to seven years just to be seen, or they have to pay significant funds to see someone privately.

Once someone has paid for that diagnosis, there is no guarantee that their GP will prescribe the medication, so then they also have to pay for that privately. In the words of one woman navigating this system:

“It’s a system that lacks any dignity and has put me in real danger as I had to begin to live as a woman long before I had any hope of starting hormones to make doing so safer and easier to fit into society.”

For someone living in the gender they identify with, while not fully looking like that gender, the trauma is huge. They become a target for those who think they have the right to abuse and assault someone just for being different. We are requiring people to go through that for seven years before they can get any help. Then they have to live like that for a further two years before they can get their certificate. We simply must improve this situation.

The recent Supreme Court decision and the EHRC guidelines mean that, even when people have their gender recognition certificate and have fully transitioned, their problems are, sadly, far from over. The Supreme Court has been misreported as having stated that a woman is someone who was born a woman. In fact, it ruled that, for the purposes of part of the Equality Act, the term “woman” means someone who was born a woman. It went on to reaffirm that trans people’s rights must be respected.

However, the EHRC almost immediately issued guidance that was unworkable and did not respect the rights of trans people, and we all understand that it will be contested legally. If a trans woman cannot use women's toilets and should instead use other toilets, what is she supposed to do? If she uses the gents, she risks abuse and assault. If she uses the disabled toilet, she takes up a facility that others might need.

This is a major imposition on a person’s life. When they want to travel, go to the theatre or go to a sports venue, they face the challenge of what they are going to do if they need the toilet. How can we be doing this to people? It is outrageous. One woman facing this dilemma told me:

“Since the ruling, I have seen a flood of hate. I have lost friends to suicide, and I have friends struggling to survive. Public life brings social anxiety. For example, this Friday I am travelling to Manchester. This is my first long trip away from home since the ruling, and it scares me. If I use female toilets, I could be apprehended, I am sure I would not, could not use the men's toilets, and ‘disabled’ toilets also expose me, if they are available. During my transition, I had several ‘situations’ including assault, and I thought this was all behind me. Going back to a life of fear in public is something I will struggle with and would do everything to avoid.”

We cannot allow this to continue. It is not acceptable. One of our core functions as MPs is to ensure people’s safety, and we are not ensuring the safety of trans people. I therefore ask the Minister to talk to her colleagues in the Department of Health to ensure that people are seen promptly and supported through their transition. I also ask her to urge the Minister for Women and Equalities, the right hon. Member for Houghton and Sunderland South (Bridget Phillipson), to work with women’s groups and LGBTQ+ groups to provide guidance that is workable and that respects the rights of all vulnerable groups. I further ask her to work with colleagues to consider any necessary changes to the law.