Gender Recognition Act

Debate between Martin Docherty-Hughes and Miriam Cates

Monday 21st February 2022 Westminster Hall

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

It is a pleasure to see you in the Chair, Sir Christopher, and to hear so many Members speak with passion on both sides of the debate.

In 2015, the Oireachtas—for those who do not know what that is, it is the Parliament of Ireland—enacted the Gender Recognition Act for Ireland and subsequently sought review of that same Act, which was published in 2018. I am reminded of the words of the chair of the review, Moninne Griffith:

“Equal recognition sends a strong message to LGBTI+ people that we are equal citizens, we are valued, and we belong. As well as equal status, it also addresses the practical realities of citizens’ lives such as protections for families and access to identification.”

It is clear from all sides of the debate that there is a necessity to reform gender recognition. First, at least for me, the pathologising of trans people is an outdated medical practice that seeks to preserve trans identity as a mental illness that requires medical intervention. Secondly, it determines that the body of a trans person requires medical and surgical change—change that needs extensive medical evidence—when in reality it is not required. Thirdly, the present situation fails to meet internationally recognised standards that so many other states, some of which have been profoundly socially conservative, have embraced. I am mindful not only of Ireland but of Malta.

We must also accept that there are no new rights being introduced for trans men and women. For example, gender recognition reform does not affect sports competitions. From my perspective, at least, the Equality Act and the Gender Recognition Act provide that to ensure safe and fair competition in gender-segregated sports, governing bodies can set their own restrictions on participation by trans people, regardless of the trans person’s legal gender recognition status. Gender recognition does not give a person the right to compete in sports that apply that restriction. This will not change.

The gender reform legislation does not affect any NHS clinical decision-making process about minimum age and other criteria for approving a trans person receiving any medical interventions, including hormone blockers, cross-sex hormones or any surgeries. Those criteria are based on international clinical best practice and are set out, at least from a Scottish perspective—the Minister might want to look them up—in the NHS Scotland gender reassignment protocol. Decisions are taken by doctors together with the person based on clinical judgment.

Gender recognition reform does not affect the criminal justice system, at least from my perspective. As I think the Minister will agree, the placement and management of trans people in custody is based on careful risk-assessed decision making. A gender recognition certificate does not give a prisoner the right to move to accommodation for the other sex. Provision will continue to exist for prisoners who are legally female, whether trans or not, to be held in the male estate if necessary for the safety of other prisoners or for their own safety. I see the Minister nodding their head.

Not do I believe that gender recognition affects women’s rights or trans people’s rights under the Equality Act. The Act sets out when services can lawfully be single-sex only. I think we have heard that point put forward and argued on both sides of the debate. The Act also states that the general rule is that trans people should be allowed to access the single-sex services matching the gender they live in, except that they can be treated differently where that is a proportionate means to a legitimate aim, or excluded in exceptional circumstances. Whether or not the trans person has gender recognition is not part of the rule. None of this will change.

It is clear that much of the debate regarding gender reform has, sadly, been hijacked by a range of extremes, from the politics of biology to the inability to hear the concerns of those who, for various reasons, may be opposed to elements of the reform being considered or to its entirety. That does not lessen the concern, worry and fear of trans men and women who seek only to live as their true self, exercising their own individual self-determination.

We also need to recognise the appalling misogyny that many women, including many in this Parliament, face from those who use the gender recognition debate to ridicule and marginalise the trans community, notably via the politics of biology. I must say to the hon. Member for Penistone and Stocksbridge (Miriam Cates) that I am mindful of the words of Norman Cohn, who takes the question of nature and the politics of biology head on. Norman reminds us:

“Nature demands inequality, hierarchy, subordination of the inferior to the superior—but human history”

is

“a series of revolts against this natural order, leading to ever greater egalitarianism.”

[Miriam Cates]

Will the hon. Gentleman give way?

[Martin Docherty-Hughes]

No, I will not. [Interruption.] Actually, I will give way to the hon. Lady. She is taking up my time, though.

--- Later in debate ---

[Miriam Cates]

I would be interested to know how the hon. Gentleman thinks politics and biology interact.

[Martin Docherty-Hughes]

I think the hon. Lady acquainted herself with her notion of politics and biology in her own speech.

My only hope is that the UK Government will recognise that by embracing greater egalitarianism, they will reap the benefits of a society that is more capable of supporting the marginalised and more capable of combating misogyny and transphobia, and that they will for once recognise that the greatest threat to our society is not trans men or women but those who see the world as binary and limited: a narrow society in which the lived experience of the elite dominates the diverse and complex lives of the many.