Gender Self-identification

Olivia Blake Excerpts

Monday 19th May 2025 Westminster Hall

[Olivia Blake (Sheffield Hallam) (Lab)]

It is a pleasure to serve under your chairship, Mr Mundell. I thank the hon. Member for South Cotswolds (Dr Savage) for opening the debate incredibly well, on a subject that often gets heated. Today, we have shown that we can discuss these issues without that heat. I also thank the more than 120,000 people who signed the petition, especially the 250 people who did so from my constituency.

ILGA-Europe’s recent report saw the UK fall to 22nd place in the rainbow map of Europe. That should really concern us all; it is not just a warning about LGBT rights, but a signal of a broader erosion of democratic protections across Europe. At the heart of the decline is a failure to uphold the dignity and autonomy of trans people, particularly when it comes to something as fundamental as legal gender recognition. I am exceedingly embarrassed about this—to fall so far, when just 10 years ago we were No. 1, is unforgiveable. We must all look at ourselves hard in the mirror for allowing that to happen.

In recent debates, we have heard Ministers affirm that LGBT rights in the UK remain protected, and that we are firmly committed to equality. I welcome that, as it is something we all want to see upheld both in spirit and in practice. However, I have heard fears from countless people, including many of my constituents and parents of trans children. Some have actually spoken to me about leaving the UK. How embarrassing that we have fallen so far that people would rather not live here because they feel their lives are so unliveable in the society that we are creating.

[Mr Quigley]

Naively, when I was at university in the ’80s and early ’90s, I believed that I would see the end of sexism and racism. Does my hon. Friend agree that we have fallen so far backwards over the last 14 or 15 years, and that it is entirely down to a party obsessed with staying in power, rather than doing the best for its citizens?

[Olivia Blake]

I have been here talking about migrants and other communities who have been victimised and used as scapegoats repeatedly over the past 15 years. It has been sad to see; unfortunately we are seeing it across the globe, but we should all be standing up against it. We should be dealing with people’s daily concerns, rather than using rhetoric, as we do far too often.

As we have heard from colleagues today, trans people will not feel protected right now. They are navigating rising levels of hate, extending delays to healthcare and increasing uncertainty about how existing laws apply to their lives. They are being told that their identity—their sense of self—is something that we can debate, question and deny. I think that is wrong and I urge all people outside the House who are looking at the interim guidance not to have knee-jerk reactions to that but to fully take part in the consultation. That consultation should be 12 weeks long, as previous consultations have been. For something that will mean such a big change for individuals, the EHRC has got the consultation period wrong and needs to extend it even further.

I just think this is quite sad. It is right that people have a way to self-identify their legal gender. That matters for many reasons. I think a lot of politicians, sadly and wrongly, think, “Isn’t it a shame that trans people are trans people?” How completely wrong is that? Too many people live in fear, with false statistics, about the risk that people pose to women—

[Tracy Gilbert]

Does my hon. Friend agree that trans women and trans men should have services and provision on that basis, and that sex and gender are two very separate things?

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[Olivia Blake]

I think it is very problematic if we go down that track for all services. I think that the equality right and how it was interpreted previously were correct, and that people should be excluded where there is a need for that. It should be on the basis of a balance, and I think that is true for all protected characteristics and when they come into conflict.

[Kirsteen Sullivan]

Will my hon. Friend give way?

[Olivia Blake]

No, I will make some progress if my hon. Friend does not mind, because I have only a little time.

The idea that it is a shame or somehow sad that people are trans is completely and utterly wrong. As has been said, trans joy exists. The many trans people and non-binary people I know live joyful lives. We should celebrate those lives, rather than suggesting that it is a mental health condition even though the WHO has said it is not. Creating a protracted, medicalised route just to get a piece of paper that says that one’s correct gender is really problematic and something that we should continue to question. This is why the right to self-identify one’s legal gender really matters. It is about the basic freedom to live as oneself. That means being able to go to the local supermarket or local café and not be fearful of being challenged when going to the bathroom. It is about being able to live without intrusive medical gatekeeping that means that it takes years and years for people just to get to that point.

We know that we are out of step internationally here. We know that the health advice has moved on, just as the thinking about hysteria moved on from the time when women got categorised as having that. Many groups of people have been wrongly categorised as mentally ill just for being themselves. We need to get away from the gatekeeping, outdated bureaucracy and humiliation that we have heard about again and again in consultations about the process as it stands.

The EHRC’s recent guidance on sex and gender in single-sex services has created further concern among my constituents, as well as charities, schools and employers who want to act properly but now feel unclear about their responsibilities. We need clarity that reinforces inclusion, not ambiguity that creates fear. I am pleased that Labour committed in our manifesto to making the GRC process simpler, but the recent judgment is very concerning. It risks undermining the existence of these certificates in themselves if we are not careful and if the guidance goes the wrong way.

Trans healthcare, too, is an area where we need action urgently. Current NHS waiting times and the indefinite ban on puberty blockers are leaving people in limbo for years. This is not just a policy challenge. It is a public health issue and one that requires compassion, evidence and leadership. I hope that the puberty blockers trial is as wide as possible and as scientific as it can be.

Thank you, Mr Mundell, for allowing me to speak for this long. Rights are not a zero-sum game. We cannot protect one group without protecting another; we need to strengthen the whole. I urge Ministers to continue listening to trans people, to ground decisions in evidence, and to act with the courage that true equality demands and make sure that instead of us just standing up here, we have proper consultation, which has the voice of trans, non-binary, intersex and all people represented in the evidence that it hears, and that that is taken on board.

We do not want a situation where we are trying to police people going into toilets, which could be problematic to those who do not fit or conform to gender stereotypes, as we have heard. This is not just about toilets; it is about dignity—dignity in death, as we have heard, and dignity in having privacy and the ability to have that joyful life that we all want everyone to have.

[David Mundell (in the Chair)]

I call Martin Rhodes, and I assure Dr Arthur that, after I leave the Chair, he will be called.

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[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairship, Ms Furniss, and to respond to this debate, which has been held with tremendous respect for each other, for trans people and for the issues that we face in navigating through the situation, particularly after the Supreme Court ruling. I thank the hon. Member for South Cotswolds (Dr Savage) for the way in which she opened the debate and for her extremely powerful speech. Bringing the voices of the trans community into these debates is important indeed.

I am speaking of behalf on my hon. Friend the Member for Llanelli (Dame Nia Griffith), who is unable to be in the House due to a visit abroad. We will discuss the debate and the issues raised, and I am sure she will update the House on some of these matters in due course. I also thank all those who signed the petition and all hon. Members who have taken part in the debate.

I am proud to be a member of the party that introduced the Equality Act 2010, which many colleagues have referred to. It is indeed world-leading legislation, which has reflected our commitment to ensuring that every member of our society is treated with dignity and respect, and afforded the same basic rights as each other. Our commitment to those principles remains resolute, and I am sure that everyone who has participated in the debate can agree that they are at the heart of what we want our society to represent.

I will repeat one phrase that really stood out, which is that everyone has a right to be themselves. It is important that we keep in our minds those who, as has been talked about today, are feeling very insecure. While I may not be able to cover all the points, I will do my best to do so. I also want to give assurance that the comments that have been made are on record and have been heard by the Government.

As my hon. Friend the Member for Cannock Chase (Josh Newbury) mentioned, Labour Governments have a very strong history of promoting LGBT+ rights. From the decriminalisation of homosexuality under Harold Wilson’s Government in 1967 through the repeal of section 28 to the introduction of civil partnerships in the early 2000s, we have consistently led the way in advocating for legal equality and social progress for LGBT+ people. It was our then Labour Government that equalised the age of consent, extended adoption rights to same-sex couples, and introduced legislation aimed at combating discrimination and hate crime in the workplace. We laid the crucial groundwork for marriage equality and elevated LGBT+ issues to the forefront of public and political discourse—a legacy that I know Parliament, as well as colleagues in this House, will take great pride in.

The conversation surrounding rights, particularly those related to trans individuals, has sadly become increasingly divided and divisive, as this debate has so importantly highlighted. I think we all agree that it is necessary to approach this debate with honesty, respect and sensitivity to all viewpoints. It is in a similar vein that Lord Hodge, when delivering the Supreme Court judgment that sex means biological sex for the purposes of the Equality Act 2010, underscored the importance of not viewing the judgment as a

“triumph of one or more groups in our society at the expense of another”.

That has been referred to a number of times in this debate.

The entrenchment of division and ever-greater polarisation seeks only to move us away from holding the empathetic, meaningful and productive conversations that holistically address the issues that stem from this debate. That is why we have emphasised the importance of balancing all people’s rights, including those of trans people and of women, acknowledging that both groups have real, important and often shared concerns. On matters such as access to single-sex spaces, we understand these issues must be navigated sensitively. The Government’s position embodies a belief that it is both possible and essential to uphold protections for trans individuals while respecting women’s concerns regarding privacy, safety and dignity. Those points were also made very strongly and powerfully by my hon. Friend the Member for Wolverhampton West (Warinder Juss).

It is also important to recognise—I want to underscore this—that nobody should suffer or feel the fear that so many do today. It is so important to recognise how much words matter. We recognise that, for many trans individuals, the current climate is uncertain and it has become, in too many places, hostile. The Government are committed to ensuring that trans individuals are treated with dignity and respect. The statistics on hate crime and sexual assault that have been shared in the debate, and of which we are aware, must be of concern to all. We are committed to equalising all existing strands of hate crime as aggravated offences, to ensure that all LGBT+ people are fiercely protected under the law. Let me be unequivocal: trans individuals deserve the right to live free from discrimination, violence and fear. There is no place for transphobia in our society, just as there is no place for homophobia or biphobia.

I understand that the recent Supreme Court ruling in the For Women Scotland case has left many trans women feeling worried and concerned for their safety. I want to stress that there are also, rightly, laws in place to protect trans people from discrimination and harassment. That was true before the ruling; the Supreme Court ruling has also underlined that fact.

As has been referred to in the debate, the independent equalities regulator—the Equality and Human Rights Commission—is working to update its statutory code of practice, which will include advice for duty bearers on how to avoid discriminating against groups with protected characteristics, and it has committed to seeking views from all affected stakeholders. The consultation—

[Olivia Blake]

Does the Minister agree that six weeks is a very short time for that consultation to run? Initially it was two weeks. Would not 12 weeks, as has been the case for various pieces of consultation undertaken by the organisation, fit better with the big issue that we are talking about today?

[Seema Malhotra]

My hon. Friend will be aware that the consultation on the draft updated code opened today. I recognise the consensus that two weeks was too short, and people have already been contributing their views. Agreement has been reached with the Secretary of State for a six-week period, and I hope that during that longer period, those who have already put together their views and shared them can take forward that consultation. There will be extensive consultation with stakeholders, and everybody, including parliamentarians, will have the opportunity to contribute. We welcome the EHRC’s commitment to ensure that diverse voices are included and will be listened to. It is important to also recognise that the final draft of the updated code will be laid in Parliament and subject to scrutiny and consideration by both Houses in due course.