Self-identification of Gender

Danielle Rowley Excerpts

Wednesday 21st November 2018 Westminster Hall

[Layla Moran]

I thank the hon. Lady for her intervention, because as far as I am aware there are none. A lot of the concern comes from hypotheticals, anecdotes, and often very simplified versions of much more complex events. As a former science teacher, I care a lot about the evidence. What is the evidence about what has happened? I will return to the hon. Lady’s point, which was very well made, in a moment.

Let us assume that someone wants to go into a women-only space for nefarious purposes. That would be quite a stupid thing to do because, apart from anything else, if an offence was committed it would show evidence of premeditation, which would increase the person’s sentence. Also, had the certificate been gained for the sole purpose of entering such a space to commit a crime, that would be a separate crime under the Fraud Act 2006. If someone was intent on harming women, that would be one of the stupider ways of doing it.

Quite apart from that, it is a hypothetical situation that is removed from what the evidence shows. There is no evidence at all to show such harms in countries such as Malta and Norway over the past few years. Importantly, because of how the Equality Act works, we do not even have to look further afield—just look at this country, where the Act already allows self-identification for those who are even considering going through the process. What evidence is there from this country of any problems with self-declaration, which has been going for eight years now? There is none.

This has the signs of a moral panic being whipped up to demonise a community. I am not saying that my constituents are doing that, but there are some people who are intent on rolling back the Equality Act, and I am deeply concerned that they are not being called out for wanting to do so.

[Danielle Rowley (Midlothian) (Lab)]

Does the hon. Lady share my concern that when the hon. Member for Monmouth (David T. C. Davies) cited violence against women, he was conflating two issues? Violence against women is mainly carried out by men; as the hon. Lady rightly points out, it has nothing to do with men identifying as women. If the hon. Gentleman is so concerned about violence against women, that is what he should focus on.

[Layla Moran]

Hear, hear—I completely agree. It is really important to ensure that we are talking about the right thing. Violence against women is still ubiquitous. It still happens in our society and on our streets, and it should absolutely be called out, but these reforms are entirely separate. We need to come together on this. I am curious about whether the hon. Member for Monmouth has attended meetings in this House on violence against women.

A 2016 report by the Women and Equalities Committee found that the process of gender recognition was bureaucratic and costly. The Government’s LGBT survey, published in July this year, reported that trans women were being deterred from applying for gender recognition for some of the same reasons that I spoke about earlier; it noted that 93% of those who wanted gender recognition had been deterred from applying for it. The respondents to the Government consultation are not people who are thinking about changing their gender on a whim, but people who have grappled with the issue for a very long time. Their concerns are worth listening to.

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[Hannah Bardell (Livingston) (SNP)]

It is a pleasure to serve under your chairship, Mr Hosie. I am grateful to the hon. Member for Monmouth (David T. C. Davies), who raised a number of issues. It is important that the debate remains respectful and that we can have a reasonable and decent conversation. I commend the UK and Scottish Governments on their consultations. The Scottish Government consultation received a huge number of responses, more than 60% of which were in favour of the proposals.

On a number of occasions, the hon. Gentleman spoke in over-simplified terms. I must repeat what I said in my intervention: that is not helpful because deepening and expanding the debate about those concerns is vital. The hon. Member for Oxford West and Abingdon (Layla Moran) made an excellent speech. I greatly share her concerns about rolling back on the Equality Act. As her hypothetical example highlighted perfectly, we have to remember that what is essentially identity fraud would be a crime. The fact that 93% of people in the trans community have sought to get support and access services but have been turned away is a shame and a stain on our society.

Yesterday was the Transgender Day of Remembrance—a day when we took a moment to celebrate the incredible contribution that trans people make to our communities, and to reflect and remember our trans siblings who have been killed, committed suicide, faced prejudice or not been able to live or be recognised in a way of their choosing. I firmly believe that today’s debate is about exactly that: living in a way of our choosing, without fear or prejudice, under a legislative framework that supports people to do exactly that.

I started school in the year section 28 was introduced. Section 28 meant that schools and teachers could not talk to students openly about their sexual orientation or gender identity without fear of losing their jobs. So much legislation related to LGBTI rights has been, and still is, based on fear rather than acceptance, but we have come a long way in all parts of the UK. I commend the Minister and her Government on their work, as well as the other Governments around the UK—particularly the Scottish Government, who have gone a little bit further. I hope that at some point the Minister and I can meet to discuss how scrapping the spousal veto in Scotland has meant greater equality for trans people.

Section 28 was scrapped in 2003. By then I was halfway through my university degree. I grew up believing that, if I came out, I could not live a normal life and I would not have equal rights. I am an ardent feminist and an openly gay MP. I am not about to shut the door on the equality of trans people just because people like me now have greater equality. Those of us in the LGBTI+ community, and all of us who believe in equality and enjoy greater equality, must do all that we can to support others who are marginalised and discriminated against. Although the legislation on gender recognition was groundbreaking in 2004, it is now out of date. Medicalising and marginalising people who are trans is absolutely wrong.

We recently celebrated a new chapter in Scotland for LGBTI people. Inclusive education has become a reality—the UK Government are also working on that. I want to take a moment to recognise Liam Stevenson and Jordan Daly from Time for Inclusive Education, plus all the many organisations that have supported us with their briefings today, including Stonewall Scotland, LGBT Youth Scotland and the Scottish Trans Alliance, which worked on the legislation and policies in Scotland alongside John Swinney, Angela Constance and Christina McKelvie.

I appreciate that sexuality and gender identity are two very different things, but I faced challenges in terms of coming to my sexuality. I did not come out until I was 32. I cannot imagine how difficult it must be for somebody who is trans who is trying to operate in a system where their transition is medicalised, where they have to travel hundreds and sometimes thousands of miles—as the hon. Member for Oxford West and Abingdon mentioned, many trans people feel that going abroad is their only choice.

I have met a number of young trans people in my Livingston constituency, some pre-op, some post-op. The challenges they have faced are truly heartbreaking. Even in Scotland, which came second top in inclusiveness on the LGBTI global index, we still have a significant way to go. Living in a country and society where someone’s orientation or identity does not have legal recognition, and where they do not have equal rights, is corrosive to the soul. At the core is the need to reform the legislation—changing our societal view and structures will follow from changing the law on gender recognition.

I recognise that the debate has become very polarised, which is a source of great sadness to me. I do not think it helps when the media sensationalise. There are cases where systems are being abused, and we must recognise and address those concerns, but we must not make policy based on a few individuals who seek to abuse the system. There will always be those who seek to abuse the system. That is regrettable and those people should be dealt with appropriately, but we should not make policy on that basis.

[Danielle Rowley]

As the hon. Lady has rightly pointed out, a small minority would seek to cause others harm. However, more than half of trans people in the UK have attempted suicide and 84% have said that they have experienced suicidal thoughts. Does the hon. Lady agree that a lot more needs to be done to protect and support them?

[Hannah Bardell]

I could not agree more. The hon. Lady makes a very powerful point. It is a stain on our society that many trans people feel so marginalised. In this debate and in the wider discussion, we must do all that we can to raise our voices to show our support and ensure that our policies and our laws properly support and recognise them.

The Scottish Government consultation on reforming the Gender Recognition Act 2004 ran from 9 November 2017 to 1 March 2018. There were 15,697 responses and 60% of respondents were in support of the Government’s proposals. It is important to recognise and understand why 40% were not in favour, but those are the figures none the less.

The hon. Member for Monmouth raised a number of concerns about domestic violence and women’s services. I have a few quotes from organisations in Scotland for him. The chief executive of Rape Crisis Scotland, Sandy Brindley, said that the most important thing to say was that the proposed legal changes

“should make no difference to the provision of women-only services – that’s where some confusion has arisen. There isn’t any Rape Crisis which would ask to see documentation of gender.”

I mentioned Linda Rodgers of Edinburgh Women’s Aid, who said that

“there are concerns out there that our service could in some way be abused”

by allowing people to self-declare their gender. She said she had not heard that from the organisation’s staff or board. She continued:

“The reality is that any service has the potential to be abused, and we would deal with that, whatever direction it came from on a case by case basis...I don’t think this should be used as a reason to restrict the rights of a particular group.”

Many people are concerned about young people. Stonewall has said that accessing legal recognition would have a hugely positive impact on trans young people’s health and experience in education. Like all young people, trans young people get on better at school and college when they are supported to be themselves, which is particularly important given the alarming rates of transphobic bullying happening in Britain’s schools and the impact that that has on trans young people’s mental health. Lowering the age at which young people can obtain legal recognition would also raise awareness of trans young people’s needs and support schools and colleges to address the misconceptions and stereotypes that fuel transphobic bullying.

Stonewall provided a case study from a woman called Susan:

“My daughter deserves to have the legal status and identity that matches who she is. I don’t understand why people can’t accept that everyone has a right to live their life being true to themselves, as long as it doesn’t break the law or impact negatively on anyone else.”

Earlier in the year, I visited Malawi and met a number of trans activists and heard their stories. They live in a country where it is illegal not just to be trans, but to be gay. Trans people have no legal standing in that country. One of the activists had been attacked in their workplace purely on the basis of being trans. They went to the police, and were told to go home, dress in their proper identity and come back—only then could the crime be recorded. That is a world away from where we are. The mental and physical toll on those activists was terrifying.

We absolutely have to recognise that changing gender is not something that anybody would do lightly. Should it be done for nefarious reasons, it would be very rare and should be dealt with appropriately.

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[Dawn Butler]

That is absolutely correct. In the case that was mentioned, there was a failure of the prison authorities, not of the system. The process should have gone through certain panels before the decision was made—it had nothing to do with the principles of the Equality Act 2010. We have good information that a transgender expert who consulted on that particular case was overruled. The failure of Leeds prison authorities to act on the expert’s advice arises from the reaction to Vikki Thompson’s tragic suicide in Leeds, which is maybe why that particular case happened. It was a failure not of the system but of the prison authorities.

Labour recognises the rights of all groups to debate the implications of reforming the Gender Recognition Act 2004. All views should be listened to and supported, and we have listened to various groups that have vastly different opinions. That does not mean that we will be bullied into taking one side or the other. Decisions and law should be made on the basis of facts and take into consideration the majority, not just people who are sensationalising certain aspects of a particular case. As I have said, with 45% of trans students attempting suicide, the Government’s delay in amending the Gender Recognition Act 2004 has contributed to fraught and toxic debate, from which I hope we can move on.

I have a few questions for the Minister, which I am sure she will appreciate. Will she outline the Government’s planned timetable for reforming the Gender Recognition Act 2004, including the publication of their response to the recently closed consultation? Will she outline the Government’s plans to launch their separate calls for evidence on issues faced by non-binary and intersex people, and can she confirm that this will not delay the much-needed reform of the Gender Recognition Act 2004? In line with the LGBT action plan, will she provide an update on research on the feasibility of the “Tell Us Once” service as a sustainable model for trans people to update their name and gender only once across multiple Departments? I am sure this is the case, but just for clarification, will the Minister confirm that trans people will not lose any rights under the Gender Recognition Act reforms?

I will conclude by quoting a letter from a Labour activist, Heather Peto, but before I do so I want to thank the organisations that fed the views in to us, including Unison, Stonewall, DIVA magazine, my LGBT advisory panel, LGBT Labour and our parliamentary Labour party LGBT group. When we make legislation in this place, it is important that we listen to people’s lived experiences. For too long, laws have been made for people, about people, without their having a place around the table.

[Danielle Rowley]

I spoke to a young trans woman who found herself homeless. She told me that she had been put into an all-men hostel and was scared for her life. Does my hon. Friend agree that we must make law to protect all women, and that must absolutely include trans women?

[Dawn Butler]

My hon. Friend is absolutely correct. Trans women suffer from abuse, violence, domestic abuse and assault in the streets, just as every other woman does. We need to recognise the intersectionality of women, including trans women; we often do not. Often, only some women are recognised and have a privileged position.