Legislative Definition of Sex

Olivia Blake Excerpts

Monday 12th June 2023 Westminster Hall

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

It is always difficult to talk about these sensitive issues. By and large, apart from some exceptions, we have managed to do it in a calm manner today. I have not always been the calmest on this issue, because it is difficult when we are talking about people’s lives from all sides. Last time I spoke in this Chamber about some of these issues, people who were in the room then spread lies about me wanting to teach BDSM to children and so on. They were horrible, pernicious lies that were put on Twitter and caused a lot of hate. I think it is important to note that there has been a lot of hate and angst outside of this room directed at politicians on all sides of the debate. It is totally unhelpful. It is also probably unhelpful to say, “It’s just me, your honour”, because all of us have had really horrible times. I think it is important to start by saying that. We need to defuse that, and I will try to take the lead and do that myself.

What we have heard today is a set of cherry-picked case studies of examples and exceptions. Each one of them will have been very complex cases that need complex answers. People are not simple. People are not just binary. Biology is not as simple as that, as I know that my hon. Friend the Member for Sheffield, Hallam (Olivia Blake) will attest to.

[Olivia Blake (Sheffield, Hallam) (Lab)]

Absolutely. There is a risk in this House of us talking about GCSE biology rather than actually biology. The aneuploidies XXX occurs in one in 1,000 women, and XXY occurs in one in 500 men. These are very common biological differences that do complicate the matter—and those are not intersex individuals, to be clear.

[Lloyd Russell-Moyle]

I appreciate that, and coming from a biologist that is important to note. People are complex. That is why flexibility in the current law is important. By defining things too much, what we suddenly do is assume that everyone lives in these easy, binary boxes. The current principle of the law, as my hon. Friends have mentioned previously, is that general and specific discrimination should not happen, but there are a number of exceptions for people with protected characteristics where discrimination can happen to provide specific spaces. We know that this can be on sex, race, disability and on gender reassignment.

However, the ability to have flexibility on one’s determination, such as in an organisation or on a specific place-by-place basis, is important. Survivors’ Network in my constituency, the predominant organisation supporting survivors of abuse, has for over 30 years decided to take a trans-inclusive approach to how it treats women’s spaces. That has been done through working out what the local need is for the service provision. The majority of providers in Britain choose to draw the line on biological sex. Both are legal. Because of the flexibility in the law, both can be determined.

What would happen if we then made a strict rule that the discrimination could only happen according to biological sex? Survivors’ Network would be barred from the flexibility that was dreadfully important in providing its inclusive service in our city. Moreover, we would have a legal provision that would prevent a trans man going to use male changing room facilities. I believe that in many respects we should try to find accommodation. A lovely new swimming pool has opened up in my constituency. It has fantastic changing facilities, with all individualised cubicles and individualised facilities. Gender is not an issue.