Transgender Equality

Hannah Bardell Excerpts

Thursday 1st December 2016 Commons Chamber

[Ruth Cadbury]

The right hon. Lady is absolutely right that there is an awfully long way to go in the recognition of trans people’s rights. Education is an important part of that. On that issue and others, the Committee discussed the need for adequate, high quality, universal, age-appropriate sex and relationship education in all our schools.

We have seen some progress in trans equality over the past few years. Trans and non-binary characters are actually being played by trans and non-binary actors.

[Hannah Bardell (Livingston) (SNP)]

The hon. Lady is making a powerful and heartfelt speech. Does she agree that a challenge facing the LGBT community is having people from all parts of our community, particularly the transgender community, represented in the media and getting proper coverage? The Press Gallery is sadly quite empty today, but we need the media to be better educated so that they can properly represent the transgender community.

[Ruth Cadbury]

The hon. Lady is absolutely right. We must congratulate those media organisations that are doing this. With Laverne Cox playing Sophia in “Orange Is the New Black” and Riley Carter Millington acting as Kyle in “EastEnders”—the first trans actor to play a transgender character in British soap history—things are moving in the right direction. Trans people are becoming more visible and that is something to be celebrated.

If we look at America, however, any advances made in trans equality there have been threatened by state legislatures introducing bathroom Bills, which have been described as a solution in search of a problem. Such Bills are malicious, misinformed and directly threaten transgender people. The election of Donald Trump does not fill me with much joy for the future rights of transgender people in the US. A bathroom Bill would never be passed here in the UK, but we must keep an eye on the situation abroad and ensure that the British public are well informed so that harmful attitudes do not form here.

It is time for the law and our public services to catch up. On education, the Committee recommended:

“More needs to be done to ensure that gender-variant young people and their families get sufficient support at school. Schools must understand their responsibilities under the Equality Act.”

A survey this year in further and higher education found that bullying and harassment of trans students and staff appear to be commonplace. Furthermore, with nearly half of non-binary gendered respondents to the survey reporting that they are considering dropping out of their course and three quarters stating that they did not find their place of learning supportive, it is clear that we have to do more.

--- Later in debate ---

[Hannah Bardell (Livingston) (SNP)]

I am hugely grateful for the opportunity to take part in this debate. I am also grateful to all the right hon. and hon. Members who brought this issue to the House and to all those who have spoken. As the right hon. Member for Basingstoke (Mrs Miller) identified, this is an historic moment: we are standing here today raising an issue that is very important to equality and to transgender people across the UK and, indeed, the world.

According to the International Bar Association LGBTI law committee:

“Trans persons are arguably the most marginalised constituent within the Lesbian, Gay, Bisexual and Transgender…society. While considerable media attention has focused on the global debate for marriage equality, trans-specific issues are often largely not considered.”

That reinforces the importance of ensuring that gender identity is a protected characteristic under the Equality Act 2010.

The contributions on both sides of the House have been incredible. My hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) has been an incredible champion for equalities: she has worked tirelessly with other members of the Women and Equalities Committee, she hosts regular briefings for the SNP group and she sheds light on the various issues. We are all busy people, and it is very important that we work with our colleagues on both sides of the House to understand them, and she does an incredible job of helping us to do that.

The hon. Member for Brentford and Isleworth (Ruth Cadbury) talked about gender equality training, which is also important. My hon. Friend the Member for Glasgow North West (Carol Monaghan) mentioned that she was a teacher, and it is important that teachers, doctors and practitioners across society have the proper information so that they can support transgender people who come forward, in whatever context that may be.

My hon. Friend the Member for East Renfrewshire (Kirsten Oswald) spoke passionately about mental health, the diversity of her constituency and our being the sum of many parts. The hon. Member for Ogmore (Chris Elmore) spoke of the worrying figures in the US, and another Member spoke about President-elect Trump. The make-up of his Cabinet, and the views that he and they have expressed, should worry us all, and we should speak out against such views at every turn.

As a modern and allegedly forward-thinking democracy, we simply cannot afford to leave any section of our society forgotten or marginalised. The people of the nations of the UK—whatever their race, gender, religion or sexuality—must be able to play a full part and have a full life in our society.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

My hon. Friend is making a very passionate speech. Does she agree that there are sometimes various levels to transgender people? They could have disabilities and also be from black, Asian or minority ethnic communities, and it is incumbent on all of us to make sure all those equality layers are protected.

[Hannah Bardell]

I could not agree with my hon. Friend more, and she is a doughty champion for equalities. The issue of intersections in our society—how they meet, how they interact with each other and how we support them—is hugely important.

As a relative newcomer to the LGBTI community, I have to say that one reason I am particularly glad we are having this debate is that it is of the utmost importance that we better familiarise ourselves with the language surrounding this topic. I will be honest: I was not wholly familiar with all the language and terminology. As someone who came out relatively recently, I felt there was almost an assumption that people would be totally familiar with all aspects of the LGBTI community and LGBTI life. However, like many, I am on a journey of discovery and learning, and I have to say that, after the research I did today, and having listened to the contributions from both sides of the Chamber, I feel more enlightened, and I hope others do, too.

When I was growing up, there were not enough LGBTI role models for me, and others have spoken about powerful role models, particularly in the trans community. We are now seeing actors and others coming forward—people such as Jack Monroe—and speaking so openly and passionately about their lives. There are also people taking on roles in various soap operas and normalising members of the LGBTI community and representations of them.

I read one of Jack Monroe’s interviews when I was preparing for the debate, and the passion about confusion and experimentation with identity came across. Fox Fisher has also been a fantastic role model, and has made some incredibly pioneering and powerful films about transgender issues and people’s journeys. We should take a moment to congratulate and commend all those in the transgender community who fight on a daily basis, as well as all the charities and other organisations, many of which my hon. Friend the Member for Lanark and Hamilton East mentioned, because they are at the forefront every day of the battle for equality.

Language is very important, because the truth is that correct language is not being normalised in our society and particularly, as has been said, in our media. We should be working towards a day when all our names can be preceded by Mx, because people should not have to choose their identity. For example, whether I, as a woman, am a Ms, a Miss or a Mrs defines my marriage status, which seems ridiculous. Why is it that, on the most mundane forms, we are still required to identify our gender and our marital status? I find it maddeningly unnecessary.

Beyond language, there is a huge amount of work to do, as many have said, on the Gender Recognition Act 2004. It is time to simplify the procedure for the self-declaration of gender and to put an end to the requirement for medical or psychiatric evidence. It is time that we allowed 16 and 17-year-olds access to the same process granted to 18-year-olds and up. It is time to fully and properly recognise trans, including non-binary, people in the Gender Recognition Act.

The LGBT Consortium provided some excellent briefing ahead of today’s debate and crystallised some of the really worrying challenges facing the trans community. It explained:

“When someone applies for a gender recognition certificate they are assessed by a panel…they never meet”.

Imagine someone who has perhaps spent years struggling to work out who they are, facing that panel process to be assigned. They do not meet the panel and, worst of all, there is no appeal. This is not like applying for a job; this is about people’s lives and identities. We must make sure that any process anyone has to go through is properly sensitive to their situation and to the challenges and battles they have had to go through.

The Scottish Government are publicly committed to all those changes to the Gender Recognition Act, and I hope the UK Government will now follow suit, because countries such as Australia, India, Denmark and Nepal are actually ahead of us on this front. They have the option on their passports to place an “X” next to the holder’s gender. Of course, no one’s gender makes them any less or more of a citizen of a country. As my hon. Friend the Member for Lanark and Hamilton East said, the UN’s International Civil Aviation Organisation has an internationally acceptable gender marker for passports.

[Angela Crawley]

Ireland, Denmark, Malta, Norway, Argentina and Colombia—and soon Scotland, I should add—already recognise the process of self-declaration. Will the UK follow their example?

--- Later in debate ---

[Hannah Bardell]

I thank my hon. Friend for her intervention. She has helped me move my speech along and come to my closing remarks, because I was going to make that point. I hope that the Minister will alight on it.

I want to speak briefly about a recent encounter that I had with a local organisation called Glitter Cannons, a West Lothian LGBT group. I spoke to a young person who had gone through the process of coming out as trans in high school. She spoke movingly about the experience of PE and of which changing room she was going to go into and how that was managed at school. She said that, after some education, her teachers were able to give her good support, but the challenge was incredible.

Our First Minister, Nicola Sturgeon, has pledged to radically reform gender recognition law for transgender people and those of non-binary gender. I hope that if Scotland can do that, the UK can do it as well. At the end of the day, the UK has a long way to go before it treats transgender people properly, with the dignity and equality that they deserve. Mr Deputy Speaker, you and Mr Speaker, who is not in his place, have done a huge amount. I appeal to you and all of those in the House authorities to make this place, though it seems very much in the dark ages at times, as forward-thinking, progressive and open as possible for people across the LGBTI community and beyond. This is not just about dignity and equality, but about doing what is right for all our citizens, whoever they are, so that they can live their lives as they choose, freely and fairly.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Women and Equalities (Caroline Dinenage)]

It is a great pleasure to take part in this incredibly important debate on transgender equality—indeed, it is the first debate on transgender equality—and I thank my right hon. Friend the Member for Basingstoke (Mrs Miller) for securing it. I put on record my welcome for the passionate and thoughtful contributions of hon. Members from across the House and add my voice to the praise for the Women and Equalities Committee report, which was a really important milestone in Parliament’s consideration of trans rights. I thank the Committee for its thorough and groundbreaking review, and we welcome its recommendations on how we can further tackle trans inequality.

The Prime Minister has made it clear that the Government’s mission is to make Britain a country that works for everyone. We want a society where everyone has a fair chance to go as far as their talent and their hard work will allow. That, of course, includes members of the trans population. We want them to be safe, healthy and free from discrimination, and we want a Britain that works for trans citizens.

I am proud of the UK’s strong legislative framework that protects trans people, but I am aware that progress in the acceptance and recognition of trans people has not kept pace in any way, shape or form with that of the lesbian, gay and bisexual community. I am also aware that transgender people suffer particularly high levels of inequality—from mental health to hate crime, and from bullying in schools to discrimination in employment—and we have heard many hon. Members speak passionately about all those things today. As the hon. Member for Lanark and Hamilton East (Angela Crawley) mentioned, mental health and suicide are big concerns. A young trans person in England today is nearly twice as likely to have attempted suicide, and nearly three times as likely to have self-harmed, as are their non-trans peers. That is utterly unacceptable. It has been said that trans issues are too difficult to tackle and too marginal to take notice of, and that it is too hard to implement change. We say that that is wrong. Trans people deserve dignity, respect and a life without discrimination.

I welcome the words of the hon. Member for Ogmore (Chris Elmore). As he says, we should take this opportunity to celebrate our trans community, especially the brave and inspiring individuals—from within the trans community and outside it—who do so much to fight against the prejudice, discrimination and disadvantage that we have heard about so movingly and passionately from so many hon. Members.

Tackling transgender inequality is a not a new initiative for us, and we continue to be recognised as one of the most progressive countries in Europe for LGBT rights by the International Lesbian, Gay, Bisexual, Trans and Intersex Association. In 2011 we issued the world’s first transgender action plan to address the real and everyday challenges faced by trans people, and the majority of the commitments in the action plan have been completed. We are in the process of collating progress updates, and we will publish a summary next year. Recently we invested £2.8 million to tackle homophobic, biphobic and transphobic bullying in schools that have no measures, or ineffective measures, in place to deal with it. We have also published practical and clear guidance for employers and service providers on how to deal fairly and sensitively with transgender employees and service users. We have absolutely no intention of ending our commitment to tackling transgender inequality.

In July we responded to the Women and Equalities Committee report and set out a further set of ambitious actions. One massive and key commitment was to review the Gender Recognition Act 2004. As my hon. Friend the Member for Bath (Ben Howlett) has said, it was a groundbreaking measure when it was introduced—I think we sometimes forget how groundbreaking it was—but the world has moved on incredibly since then, and it is right that we review how it is working now. We have begun a stakeholder engagement programme to look at how the gender recognition process can be improved, and at the legislative and non-legislative means that we would need to use to do that.

The Committee recommended that we move towards self-declaration of gender. We recognise that, as the hon. Member for Livingston (Hannah Bardell) rightly pointed out, the gender recognition process needs to be quicker, less bureaucratic and definitely less medicalised. However, we want to see more evidence on the case for change to a self-declaration model. A couple of other jurisdictions have just began to implement such a model. We will continue to monitor the implementation of the alternative gender recognition process in other countries, and we will analyse the very good evidence that the Committee published to inform our work.

[Hannah Bardell]

Briefly on gender recognition, will the Minister engage with those countries that are at the forefront of progressive policies, take evidence from them directly and work with them to see how we can implement their models?

[Caroline Dinenage]

Yes. Some of the legislation is very new, including that of our friends in the Republic of Ireland. We will keep it under review and we are determined to learn all the lessons of best practice from around the world, as indeed we always have.