Gender Recognition Act

Debate between Joanna Cherry and Elliot Colburn

Monday 21st February 2022 Westminster Hall

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

Does the hon. Gentleman agree that MPs are afraid to engage in this debate because, if they do so, as I have, they receive death threats and, in my case, a threat of corrective rape from a member of my own party?

[Elliot Colburn]

I completely agree with the hon. and learned Lady. We have failed to make a genuine space to express concerns and come to an understanding with one another, and that has left a vacuum, because, in that space, where the few people making their voices heard want to pull us into one of two very extreme positions, we are left with only one of two options if we want to engage with this debate. It seems we must agree that to be trans is not right or even real and that trans people are inherently dangerous and need a cure rather than support, or, on the other side, we must use trans people as an example of why the entire western liberal system is wrong, and agree that no one can be truly equal until the very foundations of what we understand about society are broken down. The failure to have a real discussion has consequences for us all. We now have a situation where people fear speaking up, and they fear to ask questions in case they get attacked or targeted. There are, of course, strongly held views on both sides, but to shut down discussion and to say that everyone must agree with one’s own worldview, or else, is damaging to society and poisons the debate.

One of the most common things I hear from colleagues in this place—and I am sure Members will agree—is that they just do not know enough about the issue. They have not given much thought to reforming the Gender Recognition Act 2004 before, and, as far as they know, they have never met a trans person. That is completely fine, but it therefore falls to us, when we bring these matters to a national platform, to allow space for discussion to happen, so that we can explore and ask questions.

--- Later in debate ---

[Elliot Colburn]

The hon. Member has second-guessed what I am about to move on to. I truly believe that there is a way for the House to come together on this issue. As a member of the Women and Equalities Committee, which conducted a very recent inquiry into reform of the GRA, I was struck by how much agreement there was on both sides of the debate on many of the practical issues this petition is calling for. There was also repetition of what the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) said, specifically on the issue of the application process for the GRC. After all, that is what the petition is all about. Much of the discussion has centred around access to such things as single-sex spaces, but those are not catered for in the GRA or included in the scope of this petition; they are instead governed by the Equality Act 2010, which sets out provisions around single-sex spaces. It is right that we make space for that discussion to happen, because part of the reason that the debate has become so toxic is the confusion around the application of the Equality Act and its relationship with the GRA.

[Joanna Cherry]

May I just disagree with the hon. Member on the legal impact of the single-sex provisions in the Equality Act? There is a respectable body of opinion that there will be an impact on the single-sex provisions in the Equality Act, and we are waiting for guidance to come out from the Equality and Human Rights Commission. Does he agree that that guidance is much needed and will bring some clarity to the debate?

[Elliot Colburn]

I agree with the hon. and learned Lady on the point of guidance, and I will come on that point next. It is the failure of successive Governments since 2004 and 2010 to produce any guidance about the relationship between the GRA, the Equality Act and the exemptions provided for that has led to a disjointed application of those exemptions in much of public life. There are those who use it to exclude everyone, those who use it to exclude no one and a large majority in the middle who simply do not know what to do, because there is no guidance from the centre as to what best practice looks like.

I therefore urge the Government to look again at the recommendation of the Women and Equalities Committee to produce that guidance and to convene an advisory panel of those on both sides of the debate to look at what that guidance could look like and to bring that guidance before the House so that we can debate and discuss it.

I want to focus specifically on the application process for a gender recognition certificate, as catered for within the petition. In the Select Committee inquiry, we received evidence from those in favour of further reform and those who were against it, but what struck me was how much agreement there was between the two sides on the application process. Indeed, the three big asks for reform of the GRC application process were more or less welcomed universally. I strongly hope that the Government will have a chance to look at those in a bit more detail.