Self-identification of Gender

David T C Davies Excerpts

Wednesday 21st November 2018 Westminster Hall

[David T. C. Davies (Monmouth) (Con)]

I beg to move,

That this House has considered proposals to allow self-identification of gender.

I thank you in advance for your chairmanship and guidance, Mr Hosie. Following our conversation earlier this morning, I am fully aware that this is a sensitive issue. I have concerns about self-identification of gender, but they are not in any way directed at anyone who is unfortunate enough to suffer from some form of gender dysphoria. I have met many trans women who share my concerns about this and want nothing to do with the kind of activism that seems to be going on and shutting down debate. The criticisms I have are of Government, Ministers and politically motivated organisations, many of which have access to public funds.

The law at the moment is that anyone who wishes to change their legal gender has to apply to the Gender Recognition Panel. They have to show a number of things, including that they have lived as their preferred gender for two years and have been diagnosed with some form of gender dysphoria. They also have to commit to living as their new gender for the rest of their life. One thing that they do not have to do is undergo any form of medical treatment or surgery. They do not even have to be taking any hormone pills. The vast majority of people who change gender maintain the body in which they are born. As far as I can find from the statistics, only one in five people who have changed gender have had any form of surgery. This is the cause of concern for many people.

Self-definition of gender is already happening. Organisations seem to be ahead of the law, which the Government may or may not be about to change. There is a particular concern about what is going on in schools with children. Guidance is being given to schools by publicly funded organisations such as Mermaids and others encouraging children to question their gender and redefine it if they wish. They can do so without their parents even being told about it. That can quickly set off a chain of events that can begin with children as young as 12 being given puberty blockers, about which there are many medical concerns. At least one doctor in my constituency has been giving these drugs out to children as young as 12. That can then progress on to hormone blockers, which have powerful and irreversible side effects. Once people start on that road, there is a danger that they may end up having more drastic and irreversible surgery, because once one is on that pathway, it becomes difficult to get off it.

Teachers who have tried to question what is going on or who have fallen foul of the activist groups are liable to find themselves being disciplined. A teacher called Joshua Sutcliffe was disciplined by a school in Oxford for committing the offence—a new one on me—of misgendering a group of pupils. He had apparently said, “Well done, girls”, after a maths exam, although one of the girls identified as a boy. For that, the teacher was disciplined.

[Layla Moran (Oxford West and Abingdon) (LD)]

That incident happened in my community. I would like to point out that how the hon. Gentleman is portraying the incident is far simpler than the bigger issues surrounding it. It was not just a single incident; there were a number of incidents with that teacher, not only in that specific case but in other parts of the school. I remind him that these things are sometimes over-simplified. Does he agree that over-simplification of such a sensitive and complex issue sometimes is not helpful?

[David T. C. Davies]

The hon. Lady is right, but if I over-simplify, it is partly so that she can have a chance to speak. We have only 90 minutes, and this is the first time we have debated the issue properly in the House of Commons. I look forward to hearing her longer explanation.

[Hannah Bardell (Livingston) (SNP)]

I congratulate the hon. Gentleman on bringing this debate to Parliament. It is such an important issue, and this is a great opportunity for us to have a respectful debate and discussion, but does he agree that as parliamentarians we have a duty not to over-simplify and to ensure that we properly educate ourselves to have an informed debate and discussion?

[David T. C. Davies]

Absolutely. That is why I have spent quite a lot of time talking to women who have concerns about the issue. Very few Members of Parliament have been willing to educate themselves and come along and meet people who have those concerns. It is notable that when we have had meetings in the House of Commons, very few people have turned up to listen to the concerns of activist feminist groups who feel that the potential change to the law will have a huge impact on their lives. I look forward to the hon. Lady’s support at future meetings we may have—we look forward to seeing her.

The Government are now considering legislation that would do away with the checks that are currently made and allow people to redefine themselves as any gender they wish. As far as I can see, that would mean that once the consultation has ended, if the Government do what the equal opportunities committee is recommending, people will be able to change their gender at any time. There would be no need to live outwardly as that gender, let alone to take hormones or have surgery. A 15-stone bearded man could simply define themselves as female and there would be nothing anyone could do to object. One might think that that does not matter—in fact, it does not, if that is what people want to do. I am a libertarian. I am a believer in freedom of choice. As far as I am concerned, it is absolutely fine, until it becomes an issue for other people and other people’s rights.

People who might outwardly appear to be male and possess a male body would, if they legally redefined their gender, suddenly gain access to women’s toilets, hospital wards, changing rooms, refuges and prisons. They would have the right to undertake roles that people would normally expect to be done by someone of the same sex as those the service is being offered to, such as nurses or carers conducting intimate procedures, prison or police officers carrying out searches or staff working in refuges for victims of domestic violence.

We saw an obvious example a few weeks ago of what can happen, and will happen more regularly, when a convicted male sex offender who had redefined himself as female was able to insist on his right to be put into a women’s prison. Within a matter of days, he had carried out four sexual assaults on women. Another example was given to me by someone who was the victim of long-term sexual abuse as a young person.

[Lilian Greenwood (Nottingham South) (Lab)]

The hon. Gentleman has cited a case and claimed that it proves that the Government should not change the law on gender recognition, yet that case, of which I do not know the detail, has happened under the current arrangements. Does that not actually point to a failure of risk assessment procedures, rather than a problem with the law?

[David T. C. Davies]

No, because as I said at the start, organisations such as prisons and schools are ahead of the law. They are already allowing self-identification of gender. There was certainly a failure of risk assessment with the case I mentioned. Shortly after it happened and the court case concluded, I asked the head of probation and prisons in Wales whether there had been any change to the guidance given to prison authorities about housing transgender prisoners, and I was told that there had not. I subsequently sought an urgent question about that, because, as I hope the hon. Lady would agree, it is appalling that vulnerable female prisoners, many of whom have been victims of male violence, are being put at risk in this fashion. It was not deemed important enough to be discussed in Parliament.

[Layla Moran]

The hon. Gentleman is gracious to give way to me for a second time. May I clarify whether his assertion is that prisons and schools are doing something illegal under the current Gender Recognition Act 2004?

[David T. C. Davies]

No, I have not asserted that at all. I have said that prisons and schools are allowing self-identification of gender at the moment. The law may well change shortly following the consultation, to give that a legal footing and to allow people to legally register their gender as being different from the one they are born with. The practicality is that that is already happening. I have made that point several times.

[Hannah Bardell]

Will the hon. Gentleman give way?

[David T. C. Davies]

Yes, but I am conscious that others may want to speak, and I do not want to use up all their time.

[Hannah Bardell]

Does the hon. Gentleman not agree that it seems strange to cite an example of a failure in the current system as a reason not to make improvements to the system? He mentioned women’s refuges. Linda Rodgers of Edinburgh Women’s Aid noted:

“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.”

Surely the hon. Gentleman recognises that we should not make policy on the basis of the incidents he mentions or of some individuals who may abuse the system. It should be about equality and fairness for everybody.

[David T. C. Davies]

Absolutely, but the point I am making is reasonable: if people are legally able to redefine their gender, the prison authorities, for example, will not be able to prevent a male who has redefined their gender from going to a female prison. That is already happening and is bound to become a lot easier.

[Lilian Greenwood]

Will the hon. Gentleman give way?

[David T. C. Davies]

Perhaps one last time. I will be guided by you, Mr Hosie.

[Stewart Hosie (in the Chair)]

There is plenty of time.

[Lilian Greenwood]

The hon. Gentleman appears to argue that women prisoners need protection only from trans women. In fact, we need to protect all prisoners from a range of potential hazards, and such things should be applied on the basis of individual cases, not on the basis of someone’s gender identification. How can he argue that a risk assessment should not apply equally? It could apply to other women, not only to trans women.

[David T. C. Davies]

It could, but the reality is that the vast majority of sexual assaults are carried out by males against females. I am told that the figure is higher than 90%, and I believe that. On extraordinarily rare occasions, women assault males, but let us be honest, it is very unusual. If we allow people who have been convicted of sexual offences as males to redefine their gender and insist on their right to go into female prisons, we will clearly put women at risk. I do not see how anyone can fault the logic of that. We have already seen what can happen when that goes on.

The other example I want to give is of somebody who has been involved in speaking out on this issue. She has been a victim of long-term sexual abuse and was helped by a women’s organisation in the south of England. I will not go into the detail of what went on, but it was horrendous. She told me that there is absolutely no way she would have been able to access that service from anyone who was male, or have anything to do with that organisation if anyone male was there. She has subsequently been told that anyone who defines themselves as female will be able to use the service and be part of the group that helps women who have been victims of sexual abuse. Because of that, she would not have accessed that service today. There are many other women in the same situation.

My point is that even before any legislation has been passed, we are already seeing organisations such as schools, hospitals and prisons allowing people to define themselves as a different gender from the one that they were born with, and to which in the majority of cases their body corresponds. That has an impact on others, and particularly on the right of women to privacy and to sex-segregated spaces.

One issue that particularly concerns me is the lack of debate that has gone on. I am grateful for the fact that we are able to have this debate here today. Although groups in receipt of public funds, such as Mermaids, seem to have an open door to Government and Select Committees, anyone who expresses concern about this matter is ignored. PinkNews seems to have abandoned any pretence at objective reporting and vilifies women’s and lesbian groups that want to save sex-segregated spaces. Women’s rights activists who have met to discuss the impact of the changes have faced verbal and physical harassment. Those who have resisted, such as Venice Allan, have been subject to ludicrous, vexatious legal action and dragged into court to defend themselves for speaking freely about their concerns.

I arranged a meeting in Parliament for a women’s group after a venue in London, at Millwall football club, had been cancelled. Numerous complaints were made to the House of Commons authorities before the meeting, and I was called into a meeting with the Serjeant at Arms. As the Minister knows, I have been an MP for 13 years and, like most MPs, I have organised numerous meetings for numerous groups. I have never before had to go and spend an hour with the Serjeant at Arms explaining myself. I have no problem with the conversation that we had, but it is very unusual for that to happen.

I tried to organise another meeting afterwards. Again, I was contacted by the Serjeant at Arms’ office. After the meeting took place, numerous complaints were made, mostly vexatious, but they resulted in a three-month investigation by the Parliamentary Commissioner for Standards. Again, I have no problem with that and with the conclusion that she reached, but such investigations are very unusual. I was even told by another Member of Parliament that I could face police action because of what had taken place, because of the potential that a public order offence had been committed. This matter is one for debate, such as the one we are having now. We have a right to discuss these issues. If people know that meetings will result in investigations and legal action against them, even if it amounts to nothing, they will obviously be far less inclined to hold them.

The Government, whom I support by and large, are proposing fundamental changes that will have a huge impact on people. That is being done without proper consideration and in an atmosphere of menace. Many people are deeply concerned by what is going on. I urge Ministers and members of the relevant Select Committees to listen to the concerns and to meet some of the groups that are concerned about what is going on, rather than ignoring them, which I am afraid is what happens at the moment. Some organisations seem to have an open door into the offices of Ministers of Government, but others—[Interruption.] The Minister shakes her head, but perhaps she can tell me how many times Ministers have met Transgender Trend or Woman’s Place and how many times they have met Mermaids or other pro-trans activist groups.

People should not face dismissal from their jobs for suggesting that a woman cannot have a penis. It may be an issue about which we can have different opinions, but it is certainly a debatable point at the very least. Nor should they face dismissal for the so-called offence of “misgendering”.

Women who want safe same-sex spaces are not transphobic and are not committing hate crimes. They are simply reflecting a concern for their own safety, which, as a man, I have to say is based on a valid fear for far too many. I hope the Government will stop listening to some of the activist organisations and start listening to people, very often outside the M25, who have a different opinion. I say to the Minister, with all due respect, that I have supported the Government through thick and thin, as she knows, often in difficult circumstances, but I will not support the Government on this issue. Not only will I not support them if they go ahead with what I think they are planning, but I will do my utmost, in so far as I can, to stop any changes in legislation going ahead that will undermine the safety of women and change our society in ways that are very concerning.

[Layla Moran (Oxford West and Abingdon) (LD)]

It is a pleasure to serve under your chairmanship, Mr Hosie. I congratulate the hon. Member for Monmouth (David T. C. Davies) on securing this debate. Although we are perhaps on opposite sides on some of the issues, I agree absolutely that not enough debate has been had in this House on this matter.

I am grateful for the opportunity to speak in the debate today, especially because it is Trans Awareness Week. Yesterday was the Transgender Day of Remembrance, a day when we are meant to remember the huge inequalities and the number of transgender people who have died over the years because of the oppression that they faced. I hope the Minister will join me today in solidarity with the community that over the past few months has had inordinate amounts of abuse hurled at it from all quarters. However, today is an opportunity to shed some light rather than heat on this debate, particularly on the issues that underpin some of that heat.

I want to place on the record my thanks to my Liberal Democrat colleague and friend, Helen Belcher, whom I have worked with closely on this matter. I also want to place it on the record that I am wholeheartedly behind the Government’s proposed reforms of the Gender Recognition Act 2004. I believe that they are proportionate and well thought through. It is time that Britain caught up with many other countries around the world—a point I will come to later.

That said, I absolutely appreciate the sincerely held concerns of not just the hon. Gentleman but many other people, including constituents who have contacted me to say that they are worried about aspects of the proposals. My constituent Juliette said:

“I am frightened by the fact that women’s voices are being dismissed and silenced”.

My constituent Nicola wrote:

“It’s taken me several days to build up the courage to email you for fear of being labelled transphobic or hateful and believe me, I am not—I fully support the rights of the trans community to live their life without discrimination”.

It is a damning indictment on not just us, although we politicians need to take responsibility for shying away from what is a controversial and sensitive issue, but on the media, which I do not believe have treated the issue with fairness on either side. In today’s debate and moving forward, we need to try to bring the two sides together, because I do not think there is a conflict between being a feminist and believing in trans rights.

Since my election in 2017, I have ensured that Ministers are aware of my constituents’ views on both sides of the debate. I particularly thank the Minister’s colleague in the other place, Baroness Williams of Trafford, for taking the time to meet me to discuss the issues. I have not attended the meetings organised by the hon. Member for Monmouth simply because I have been listening to my constituents and working on the issue in other ways. I take slight offence at the insinuation that because I have not attended his meetings I do not care deeply about the issue and have not been engaging in the debate.

I appreciate that Ministers are considering responses to the public consultation, but it would be encouraging to hear from the Minister about what steps the Government are taking to reassure people who are worried about the reform, and what active myth-busting is occurring, or is planned, regarding the misconceptions. That will be the crux of my speech.

It is important to put self-identification and self-declaration in the context of the Equality Act 2010. If we understand what that legislation allows, we can then talk about how the law might be reformed or changed. The Act protects people from discrimination on the basis of sex and gender reassignment, and describes the exemptions that allow single-sex spaces. Under the Act, it is a legitimate aim to provide safe spaces for women, but it is not proportionate to exclude all trans women from those spaces simply because they are trans, which is an incredibly important point. Furthermore, the Act protects those who have undergone, are undergoing, or are proposing to undergo a process, or part of a process, of reassigning their gender.

It is probably worth mentioning the sorts of interventions and operations that some trans people choose not to have. First, that is their medical choice to make. Secondly, think for a moment of the extensive operations that would need to happen. Many trans people are put off simply because it is painful, and in some cases expensive. Sometimes they feel unable to have operations because only a certain number of licensed practitioners in the country are allowed to perform them. Some trans people prefer to go abroad to have them, but that is not recognised in this country. There are many complex reasons behind the 93% figure. The proposed reforms would go some way to removing some of those barriers.

[David T. C. Davies]

I hear what the hon. Lady is saying. May I bluntly ask her whether she would be happy sharing a changing room with somebody who was born male and had a male body?

[Layla Moran]

I believe that women are women, so if that person was a trans woman, I absolutely would. I just do not see the issue. As for whether they have a beard, which was one of the hon. Gentleman’s earlier comments, I dare say that some women have beards. There are all sorts of reasons why our bodies react differently to hormones. There are many forms of the human body. I see someone in their soul and as a person. I do not really care whether they have a male body.

In essence, the Equality Act already works on the basis of self-declaration of gender, as it does for religion and sexuality. Coming back to the point that the hon. Gentleman made earlier about society being ahead of the Act, that is actually not the case; society is implementing the Act as it stands.

The concern voiced by some people that reforming the Gender Recognition Act to allow self-declaration would allow men into women’s spaces needs more discussion. Since my election, 12 constituents have contacted me on these issues, and that concern is a feature of all their correspondence. Other things come up, but that is the top concern. For example, Elizabeth says that she fears the

“risk of males choosing to change their legal gender in order to gain access to spaces and opportunities reserved for women”.

That is her main concern.

However, the Gender Recognition Act simply allows a trans person to change their birth certificate and have it reissued. It does not change what is in the Equality Act. I appreciate that the hon. Member for Monmouth did not want to take more interventions earlier, but my question to him would be: are we saying that we want to roll back the 2010 Act in the reforms? Allowing trans women into women-only spaces is provided for under that Act. If that is what is being questioned, it is a rolling back of the Act, and not a reform.

Let us think about what would happen if a man did self-declare as a woman using any of the gender recognition reform proposals, and then tried to enter a women-only space for nefarious purposes. This chap is so intent on doing that that he gets himself a new birth certificate. By the way, it is a fallacy that people can just say, “Oh, I’m going to decide this afternoon to change my gender.” Nothing in the reforms suggests that someone can just decide to do that on a whim one afternoon, or say, “In the morning I’m going to be a woman and in the afternoon I’m going to be a man,” or anything like that.

The proposed reforms are proportionate and considered. They are not knee-jerk and they understand that such decisions are some of the most personal that a human gets to make. It is about who they are and how they fundamentally identify. It is not something that people do lightly. However, let us say that someone did want to do that.

--- Later in debate ---

[Layla Moran]

I absolutely agree. Our laws were groundbreaking when they were introduced in 2004, but our law on gender recognition now lags behind those of other countries. It disadvantages trans people on some very questionable grounds.

I am not sure on what basis the people who raise concerns about gender recognition feel that it is wrong. It is one of our values that there should be a level playing field in our society. Society is evolving and becoming more complex, and we are rightly recognising more intricate parts of it.

It is incumbent on us as British politicians to protect minority groups and understand the issues that they face. The reforms are a logical next step in our evolving understanding of a very small and vulnerable group of people in this country. Yes, many are children when they first start to discover the situation, but as a former teacher and as the Lib Dem education spokesperson, I believe that schools are doing their utmost to make children feel that it is okay to be different and have a space in which they can discuss the issues. To suggest that that extends to encouraging them to change their gender is a step too far for the role of schools.

I am pleased to support the reforms of the Gender Recognition Act, as well as maintaining my support for women-only services, which remain vital for many. The points made about violence against women and about the need to protect women from men who sexually abuse them are absolutely right, but being a feminist and being a supporter of trans rights are not in conflict; the two can absolutely sit together. We need to look at the evidence, not just about what the law currently says, but—

[David T. C. Davies]

The hon. Lady says that she supports women-only services. By “women-only”, does she mean anyone who defines themselves as a woman?

[Layla Moran]

The hon. Gentleman brings me on to my next sentence. I was about to say that trans women are women. Moreover, trans rights are human rights.

I am very grateful for today’s debate, because it has allowed some of us to broaden and deepen the debate and to start to set the record straight.

--- Later in debate ---

[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.

--- Later in debate ---

[The Minister for Women (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Hosie. I thank my hon. Friend the Member for Monmouth (David T. C. Davies) for securing this debate and enabling us to have this conversation about a very important area of our society in the 21st century. A lot of us are feeling our way in it.

I thank all hon. Members for the respectful tone in which they conducted the debate. I get asked about this issue regularly, and we all share a sense of sadness about the fact that this important debate sometimes gets taken over by loud and sometimes aggressive campaigning by activists. I am sure they hold their beliefs very strongly, but they perhaps lose sight of the fact that we have to be able to talk about this issue in a reasoned, respectful and caring fashion. The vast majority of the public—and, I am sure, parliamentarians—are in the middle. We want to talk about this issue in a caring and careful way so society gets to a position in which we are all comfortable with the consequences of the changes to legislation and so on.

There is perhaps a lack of understanding, so we need to help schools and the other organisations that have been mentioned to understand what the law is so they can apply it confidently in their services. I take that away not just from this debate but from the discussions we have more generally. We have tended to focus on trans women, but of course this debate also involves trans men, which I will deal with towards the end of my speech.

The consultation closed on 22 October. I hope that those who looked at it noted that the questions were very open. We deliberately tried not to lead people down a particular path because we wanted to ensure that we heard a range of views from as many people as possible to see how the current system is working. This debate is about self-identification, but no decisions have been made yet about what if any changes will be made to the Gender Recognition Act 2004. The consultation was about seeking views, so people should not walk away with the idea that we have made up our mind. It is only a couple of weeks since the consultation closed, so no proposals have been put forward about self-identification or other ways in which we can deal with the Act.

The consultation ran for 16 weeks and received more than 100,000 responses, which shows the interest that this topic attracts. My hard-working civil servants are now analysing those responses. In response to the hon. Member for Brent Central (Dawn Butler), we hope to have a Government response to the consultation ready in spring next year. She will appreciate that it takes a bit of time to work through 100,000 responses. We also want to ensure that we get the right response, in which we will set out the next steps.

The hon. Lady also asked about calls for evidence regarding intersex and non-binary people. We will publish the call for evidence shortly, and it will not cause delay to the response to the overall consultation. She also asked about the “Tell Us Once” service. Work is ongoing in the Government Equalities Office to deliver that commitment in the action plan.

The hon. Lady asked about trans people’s rights. Again, I am grateful to my hon. Friend the Member for Monmouth for securing this debate, because it gives me the opportunity to say that there will be no loss of trans people’s rights. This is an open consultation to determine what the law should be and explore people’s thoughts about its application in the 21st century.

I understand that my hon. Friend is concerned that the views of women and women’s groups have not been heard in the consultation. I reassure him that the Government are committed to hearing from everyone, including the groups he mentioned. We do not want to close down the debate. We absolutely do not agree with those who seek to vilify the views of people who do not agree with them. I, for one, have been on the record for some time as having grave concerns about the development of things such as no-platforming in our universities. It seems to me that we should have the confidence to talk about this issue, to express our concerns, to ask questions and to do so in a way that is met with respect so our questions are answered.

[David T. C. Davies]

The shadow Minister, the hon. Member for Brent Central (Dawn Butler), said that Labour fully supports debate. The Minister has just said the same. Do they both support local authorities—Conservative and Labour—in allowing groups such as Woman’s Place UK and Transgender Trend to hold meetings in local authority buildings?

[Victoria Atkins]

I take the view that we have the principle of freedom of speech. We should have a debate as long as it does not go beyond the legal markers delineating hate crime and so on. People are sometimes almost too scared to talk about things, which is not right. We do not want a climate of fear in the debate. We want people to be able to express their views respectfully and in a caring and careful manner, so that we ensure that questions are flushed out and answered.

The people whom my officials have met represent what I call the “rainbow full of views”—the spectrum of views on the topic. My officials have met women’s groups, those who run and administer refuges, domestic abuse charities, local government, LGBT groups, unions, service providers, transgender charities, Government Departments, European Governments, and organisations who campaign against reform of the Gender Recognition Act, including Fair Play For Women, Woman’s Place UK and Transgender Trend. They have also met feminist organisations that support reform of the GRA, because our priority with the consultation has been openness and listening.

As the Government consider the options, there are a couple of points I will make clear. Since the Gender Recognition Act came into force, transgender people have been able to acquire a new birth certificate matching the gender they live in. Experience has shown, however, that some do not use the process because they find it to be difficult and intrusive. They are therefore left with a birth certificate that does not reflect the gender in which they live their lives. Without a new birth certificate, transgender people are unable to marry in the gender in which they live their lives, and cannot claim their pensions at the age appropriate to that gender. Those who are a little older live with the worry that their death certificate might carry a name and a gender that have not applied to them for decades. That is one of many reasons for the consultation.

For a transgender person, changing their birth certificate requires them to obtain a medical diagnosis of gender dysphoria; to obtain a second report from a medical professional detailing any medical treatment that they have had, such as hormone treatment or surgery; to sign a statutory declaration that they intend to live in their acquired gender until death; to provide proof of having lived for at least two years in their acquired gender; to pay a fee of £140; and, if they are married, to obtain the consent of their spouse. That documentation is sent to the Gender Recognition Panel, which is made up of legal and medical experts, and which makes a decision as to whether the person has fulfilled the requirements. If satisfied, the panel will issue a gender recognition certificate, which is used to obtain a new birth certificate. The transgender person never meets the panel that makes that decision about them.

When the UK Government introduced the 2004 Act, it was world leading, as the hon. Member for Brent Central mentioned. We feel that the time is right to ask whether it is still appropriate and whether it needs improving. We have head from 100,000 people and from colleagues across the House.

--- Later in debate ---

[David T. C. Davies]

Of course, everyone who has concerns about this issue in any direction totally condemns any violence against anyone who is transsexual in any way. Those responsible for physical or verbal assaults, or any other kind of abuse, deserve to be punished with the full force of the law. I have never met anyone who disagrees with that proposition.

I say respectfully to the hon. Members for Livingston (Hannah Bardell) and for Oxford West and Abingdon (Layla Moran) that I have in fact tried to educate myself on the issue of violence against women over a number of years. In fact, I served on the Home Affairs Committee between about 2005 and 2010, when it brought out its reports on forced marriage and female genital mutilation, issues that I raised on many occasions in the House of Commons. I was glad when legislation was passed, especially on FGM, although I am disappointed that despite all the laws and fine words, there has still not been a single conviction for female genital mutilation—that probably wanders a little from the topic, but violence against women is an important issue.

On the consultation, I am not surprised that so many people seem to be in favour of changing the law. Mermaids, a publicly funded body, has published online a primer encouraging people to fill it out, which is not right.

The important thing—it comes down to this—is that if people believe a trans woman is a woman, then it is not possible to protect female sex-segregated spaces in the way that many campaigners would like. Many people do not accept the proposition that a trans woman is a woman. A trans woman is a trans woman, worthy of respect, absolutely deserving of protection under the law against discrimination, or physical or verbal assault, but not necessarily eligible to access single-sex areas.

Finally, I very much welcome the fact that on all sides at least lip service is given to the idea of debate. I hope the Minister sets an example by encouraging any local authorities that wish to in their areas to allow groups such as Woman’s Place to hold meetings, and by meeting with some of those groups. To the best of my knowledge, such meetings have not yet taken place, although I have certainly tried to facilitate them. I look forward to that happening in future.

Question put and agreed to.

Resolved,

That this House has considered proposals to allow self-identification of gender.