Legislative Definition of Sex

Debate between Joanna Cherry and Angela Eagle

Monday 12th June 2023 Westminster Hall

[Dame Angela Eagle (Wallasey) (Lab)]

It is important that we try to detoxify this debate. I do not think the last contribution did so at all. In fact, it was deliberately provocative. I do not recognise anywhere in the Equality Act that there is a mandate on anyone’s dating pool and who should be in it. If people are worried about the law saying who they can date, they are not across the UK legislative system, which has no laws on who they can fancy and who should be in their dating pool. They can trawl wide or narrow across all—

[Joanna Cherry]

Will the hon. Lady give way?

[Dame Angela Eagle]

No, I will not give way. I have only four minutes. Some Members are putting together things that are deliberately provocative.

I rise to speak in favour of e-petition 627984, which asks the Government to confirm that the Equality Act’s current definition of sex should remain unchanged. I believe that the move to redefine sex as purely biological rather than legal would reduce rather than enhance current protections and create incoherence in the legislation. Paradoxically—perhaps even deliberately—the change would mandate exclusion and discrimination against all trans people, while worsening protections for women and girls. It would practically disapply important parts of the Gender Recognition Act and be in breach of our international human rights obligations. It would take away rights that have been enjoyed for almost 20 years by the small minority of our population who are trans.

Some 7,000 people have a gender recognition certificate. That is who we are afraid of in all this. A change to the Equality Act’s definition of sex to biological sex would have a huge effect on all trans people by effectively mandating their exclusion from public spaces unless they use facilities in their so-called birth gender, which would be humiliating and damaging to them. It would lead to the policing of women’s spaces, which would problematise non-gender-conforming women and girls who are not trans. That is happening now with all the hostility.

The hysterical media coverage that has accompanied this deliberately provoked war on woke has already led to increased policing in public toilets and harassment of non-gender-conforming women by those questioning their right to be there. I have spent my whole political life and my entire time in Parliament working to create greater equality for all and to reduce bigotry and prejudice, and I have always been a committed feminist. The safety of women and the opening up of economic opportunities to them on an equal basis to that for men has always been one of my priorities in politics.

I am also a lesbian. I was only the second out lesbian ever to sit in this place, and the first ever out lesbian Government Minister, so I have had some experience of bigotry, prejudice, misogyny and homophobia—and I recognise a politically induced moral panic when I see one. I also recognise a discredited Government unleashing a culture war for their own divisive ends when I see it. Those seeking to weaponise anti-trans fear for their own purposes have other issues in their sights: principally, inclusive sex education and women’s abortion rights, as we have seen in the USA, where over 400 anti-LGBTQ+ pieces of legislation have been introduced in state legislatures already this year.

The attack on trans people’s rights to exist and to live with respect and dignity in an accepting society is designed as a wedge issue that will open up the others. It is a gateway to wider homophobia, as the steady rise in hostility to LGBTQ+ people in the street attests to. I was around when it happened before in the 1980s with the enactment of section 28, which sought successfully to scapegoat LGBT+ young people and drive them into hiding. It caused untold misery for narrow political ends, wrecking the lives of LGBT+ people for generations. We should not be contemplating doing it again.

The Equality Act is an all-encompassing piece of legislation. It was enacted to advance, consolidate and update the protections of equality law, and it is working very well, but it works by making a blanket presumption against discrimination and exclusion. It specifies some circumstances in which discrimination is lawful so long as the action taken is a proportionate means of achieving a legitimate aim. That is a very pragmatic way of deciding on a complex range of issues in each case. If we change the definition, it would upend the Act and mandate exclusion for trans people, which I think is inhumane and unacceptable.

LGBT History Month

Debate between Joanna Cherry and Angela Eagle

Thursday 2nd February 2023 Commons Chamber

[Dame Angela Eagle]

It is almost like my hon. Friend can read my mind—which is a slightly worrying prospect—because I am going to come on to make precisely that observation.

These gains have led to the increased visibility of LGBT people and confidence among our community for them to live their lives as they wish, in the open. I also see it in the recent census returns, which show an increased propensity of young people to define themselves as LGBT+ without the stigma that that label would have presented in the past. There are those who regard this as a bad thing and call it a “social contagion,” but I regard it as a welcome freeing of our society from oppressive norms which imprisoned people and narrowed their lives, depriving them of the chance to flourish and live their lives more truthfully.

None of this was easily accomplished. None of it happened automatically as if there was always going to be an inevitable progression from less enlightening times to a more enlightened present day. This progress was not inevitable. It had to be campaigned for; it had to be fought for; it had to be won. And it was won, often in the teeth of fierce opposition from the red-top tabloids and some in the Conservative party who put section 28 on the statute book and blighted the lives of generations of children—although I am glad to see that there has been progress there too, and I genuinely welcome Conservative Members to the ongoing fight to maintain and strengthen the gains we have made, because there is no doubt that there is a backlash, as my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) pointed out, and a threat that we may go backwards here and in the rest of the world.

In the UK, we are approaching the 20th anniversary of the repeal of section 28, the 10th anniversary of the equal marriage Act and, incidentally, the 25th anniversary of my own coming out, but there are still things on our immediate to-do list. First, the Government must fulfil their pledge to legislate for a comprehensive ban on conversion therapy. That must include all LGBT+ people and not be rendered ineffective by either a religious or a consent loophole. For let us be in no doubt: conversion therapy is torture, it is inherently abusive and damaging, and five years after pledging action it is past time for this Government to act. I hope we can hear from the Minister in his response some indication of precisely how and when the Government will do that. I note the recent announcement of a draft Bill, which is welcome, but as yet there is no detail on when it might be enacted, or what it will actually consist of. As the delay lengthens, vulnerable LGBT+ people are left at risk of this unacceptable abuse.

Secondly, the Government should be tackling the rising tide of anti-LGBT+ hate crime. Currently in the UK, the atmosphere is becoming increasingly hostile, with a 42% increase in reported hate crime targeting sexual orientation and a 56% increase in the targeting of transgender people. Some of this is associated with the backlash I mentioned earlier, to which I will return. Some of it, I am sad to say, has been provoked deliberately by the disgraceful targeting and problematising of transgendered people by some members of the Government and their enablers in the press.

We are currently in the middle of a full-blown hysteria which targets transgender people using many of the tropes and smears which those of us who lived through the ’80s remember only too well being used against gay men and lesbians. Trans people, especially trans women, are disgracefully being portrayed as automatically predatory, inherently dangerous to women and children and somehow responsible for all the violence against women which plagues our society. That is an offensive caricature which does not bear relation to the truth.

The Prime Minister spent his leadership election campaign pledging to save, and I quote him, “our women” from the supposed threat of trans people, and we currently have an Equalities Minister—not the Minister opposite, the right hon. Member for Pudsey (Stuart Andrew), I hasten to add—who feels able to use the term trans women and predator in the same sentence, as if the two were somehow inherently the same. Although she appears to have lost the battle, it was reported that she wished to exclude trans people completely from the proposed ban on conversion therapy even though they are more likely than anyone else to be subjected to it.

For the record, I believe that the cause of equal rights best advances when the interests of all those who have suffered discrimination in the past advance. We advance together. There is no contradiction between LGBT+ rights and women’s rights that is not adequately covered in the Equality Act 2010. Trans rights which grant them respect and dignity are not a threat to anyone, and I say that as a lifelong feminist and a lesbian.

It is obvious that we are now in the midst of a well-organised global backlash against LGBT+ rights. It is well-funded, ferocious and potentially deadly for LGBT+ people. Its adherents range across the globe, from President Putin to Steve Bannon, from Viktor Orbán to ex-President Trump. Its aim is to reverse progress and, sadly, our own country is by no means immune to these global issues. The Government’s announcement of a review of those countries whose gender recognition certificates they will recognise is ominous, with rumours circulating that the Government are seeking to delist as many as 18 countries whose gender recognition certificates we currently accept. That is so that they can justify their use of section 35 of the Scotland Act 1998 to strike down the recently passed Scottish law on gender recognition. Surely the best way forward would be to have, not that confrontation, but a sensible discussion to find a way through. I urge the Government to reconsider their confrontational stance. I hope the rumours of delisting are not true and that the Minister can reassure us on that point, because such a move would take away existing rights.

Many countries are at risk of going backwards on LGBT+ rights. Russia legislated for a modern version of section 28 and then extended its so-called anti-LGBT+ propaganda laws across society. That follows the vicious persecution of LGBT+ people in Chechnya; legislation has been passed in Hungary, with so-called LGBT-free zones appearing across the country, and anti-LGBT law is also being passed in Ghana, accompanied by open persecution of LGBT+ people.

On that point, I wonder if the Minister might be able in his response to scotch persistent rumours that the Government are in the middle of trying to negotiate a Rwanda-style deal with Ghana. The implications of that for LGBT+ asylum seekers are too horrendous to contemplate, so I hope the Minister will be able to put all our minds at ease that that is not currently on the Government’s agenda.

[Joanna Cherry (Edinburgh South West) (SNP)]

I am very concerned to hear what the hon. Lady has just said; I had not heard that rumour, but many of us are already expressing grave concerns about Rwanda’s record on LGBT rights. Does she agree that this House and the Government in particular would do well to focus more on the terrible abuses of LGBT rights abroad, particularly where people’s lives are at risk in other countries?

[Dame Angela Eagle]

I agree with the hon. and learned Lady about the work that the Government should be doing abroad. To be fair to the Government, they do use and are using diplomatic channels, particularly to try to further decriminalisation in those countries that still criminalise LGBT relationships. While I have to give the Minister 10 out of 10 for his tie at the Qatar world cup, I can give only five out of 10 for his Government as a whole for their work across the world, simply because there are such contradictions between doing good, progressive things in some areas and then contemplating really not very progressive things at all in others. I hope that he will be able to reassure us that sending asylum seekers to Ghana is not on his Government’s to-do list.

No fewer than 300 anti-LGBT+ laws have been introduced by the Republicans in the USA, attempting to create a new era of repression that includes, significantly, the rolling back of women’s abortion rights and the overturning of Roe v. Wade. As I have said, in the fight for equality, we advance together or not at all. If we start losing LGBT+ rights, women’s rights will not be far behind.

After all those warnings, I wish to end on a positive note. There has been an increase in nations decriminalising LGBT+ relationships, and equal marriage legislation has progressed across the world, which means 33 countries have such laws, covering 1.3 billion people. I am already taken, Madam Deputy Speaker, but 1.3 billion people is quite a big pool to fish in.