Gender Recognition Reform (Scotland) Bill: Section 35 Power Debate
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Rosie Winterton
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Gender Recognition Reform (Scotland) Bill: Section 35 Power
Rosie Winterton Excerpts(1 year, 5 months ago)
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John Lamont
As I have made clear repeatedly, it was always intended that at moments such as this, when unintended consequences of legislation being passed by the Scottish Parliament would have an impact across the United Kingdom, section 35 of the Scotland Act would give us the opportunity to act in this way. The letter from the Secretary of State to the First Minister is clear about the amendments that can be made to the Bill to allow it to be approved by the Scottish Parliament and to meet the concerns about the impact it will have on other parts of the UK. We want very much to work with the Scottish Government constructively to secure those amendments so that legislation that meets our concerns can be passed, and we hope that the First Minister and the Scottish Government will bring back the amended Bill for reconsideration by the Scottish Parliament.
I hope that Opposition Members will acknowledge that the United Kingdom Government have set out their desire to work with the Scottish Government to find a constructive way in which to amend this Bill so that it can be passed by the Scottish Government and given Royal Assent.
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Before I call the next speaker, I point out that this debate has to finish by 5.27 pm, so I am introducing a time limit. I will start with five minutes, but it will go down after that if necessary.
Several hon. Members rose—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. After the next speaker, I will drop the time limit to four minutes. I have absolutely no problem with colleagues taking interventions, but please remember that it leaves less time for others to speak. I call Ian Blackford.
Miriam Cates
No, because I have only four minutes.
The naivety that the Bill has been written with is astounding and hugely worrying. The reduction of the age limit to 16 is a significant safeguarding risk, because the human brain does not stop developing until about the age of 25. People cannot drive a car when they are 16—in fact, there are an awful lot of things that people are not legally allowed to do when they are 16 because they cannot assess the long-term implications for their welfare. Changing legal gender, with a potential route to long-term changes to fertility, sexual function and health, is not suitable for 16-year-olds and is a huge safeguarding risk.
Paragraphs 30 and 48 mention membership on the grounds of sex and single-sex spaces. Sex Matters recently did a report that looked at the impact on single-sex spaces of men’s ability to access them by changing their gender. Women say, “I never went back to that swimming pool,” or, “I never went back to that counselling class,” because for many of them, the dignity of having a women-only space and knowing that there will be no men there is important. We will see a chilling effect on important single-sex rights if the Bill passes. As a woman, I fully understand the threats to dignity and safety that the Bill poses, because it will change the social contract. In this country, we recognise that in toilets, changing rooms and public spaces, there are areas where only women are allowed.
In a restaurant recently, I had an experience where a man dressed as a woman walked into the toilets where I was on my own. He stood behind me and stared at me in the mirror, looking me in the eye. I have no idea whether he intended me any harm, but my evolved instinct as a woman was to be frightened, because unlike in almost any other species, women are far less powerful than men and we cannot defend ourselves. [Interruption.] No, it is a fact. The difference in strength between men and women is phenomenal, which is why we have separate sex categories for sport. Women are evolved to be wary of men in intimate spaces, which is why we have single-sex spaces and why they must continue to exist for the safety and privacy of women. The Bill threatens that social contract.
Finally, this threatens the understanding of our law, which should be based on fact, and someone cannot change their sex any more than they can change their place of birth or who their parents are. I fully understand the complex arguments involved and we should treat this with compassion, but if the law is not based on fact, then how can we trust the law? That is why the Government are absolutely right to serve this notice.
Sir Peter Bottomley
On a point of order, Madam Deputy Speaker. Did you hear anything transphobic in the previous speech?
Madam Deputy Speaker
I have to say to the Father of the House that different Members of this House will interpret speeches in different ways. I suggest that we move on quickly, and I think the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) needs to calm down, moderate his language and move on to the substance of the debate, otherwise I will ask him to resume his seat.
Lloyd Russell-Moyle
Thank you, Madam Deputy Speaker. It is difficult when we are talking about these emotional matters.
The reality of this is that this section 35 is the new Tories’ section 28. It is their continuation of a war against a group of people—their culture war—that they want to pursue, and they think it will advantage them in the polls. That is what the Australian Conservatives thought as well and what the Republicans in the US thought, but I trust it will not, because the people do not like the bigotry that we hear from the other side.
Madam Deputy Speaker
Order. Could I just say to the hon. Gentleman that we are very short of time and I hope that, if he takes an intervention, he will stick to the four minutes?
Alicia Kearns
I recognise that the hon. Gentleman feels very strongly about this, but I would ask him to use caution about labelling a party as solely one thing, because it is Conservative party colleagues who led for the conversion therapy ban that has been announced today. When I was elected, no other MP talked about it for seven months, and we have delivered it today. I caution him to please not label all Members on certain sides of the House as transphobic or homophobic, and I also challenge anyone being labelled that in this House.
Alicia Kearns
I question some elements of the Bill, in particular why the amendment regarding anyone being charged or on trial for sexual offences should be excluded—I think that was madness. But I would question one part of my hon. Friend’s argument. What evidence is there that by a man becoming a woman, he somehow has more privileged access to children than he currently does as a man? That is what I cannot understand in his argument.
Madam Deputy Speaker (Dame Rosie Winterton)
Order. The hon. Lady has not been here for the whole debate, and I am getting concerned that people who have been here will not get in. I will reduce the time limit to three minutes, and I urge the hon. Member for South Thanet (Craig Mackinlay) to bring his remarks to a close, because otherwise he will have taken a lot more time than that.
Craig Mackinlay
I thank my hon. Friend the Member for Rutland and Melton (Alicia Kearns). I could go into quite a story about a nurse, a transsexual woman, who was presented to a constituent of mine and their daughter for an intimate examination, but that is a story for another day and I do not have time to examine it here.
I am concerned that the process for obtaining a GRC would be much easier and much reduced under the Bill, as opposed to what I think has been a well debated, well rehearsed, and settled argument across the UK up to this date. The settled will has been that a GRC can be obtained where someone has lived as a different sex for two years, had some medical advice and intervention and guaranteed that they shall live in that way for the rest of their days. I think that is sensible; I am fully in agreement with that.
As I said, I am a libertarian Conservative, so I really do not mind what people want to do, but this is an issue about section 35 of the Scotland Act. The Bill would change the Equality Act 2010 and change how we live. I support the Government.
Charlotte Nichols
I will not give way, actually. I think we have heard more than enough—
Nick Fletcher
On a point of order, Madam Deputy Speaker. I ask the hon. Member to withdraw that and refer to Hansard. That is not what I said; that is an outright lie.
Madam Deputy Speaker
No, no; the hon. Gentleman must qualify that. I think he meant that the hon. Lady may have unintentionally misled the House.
Madam Deputy Speaker
With regard to the point of order, which obviously the hon. Gentleman was addressing to me to say that he felt that what had been said was incorrect, my response is that if the hon. Lady at any point feels, when she goes back to look at the debate, that what she has said has unintentionally misled the House, she will correct the record. I am taking her word for it that she will do that.
Charlotte Nichols
Thank you very much, Madam Deputy Speaker. On checking Hansard, I see that the hon. Member actually said that Dr Who being a woman was turning boys towards a life of crime. Clearly, it was a matter of misogyny rather than homophobia. However, I am very sorry for having inadvertently misled the House in accusing the hon. Member, in a very legitimate comment that I made about his brand-new respect for our equality legislation, in having made a remark that was misogynist rather than, in fact, homophobic. I apologise for that omission.