Gender Recognition Act

Sarah Green Excerpts

Monday 21st February 2022 Westminster Hall

[Sarah Green (Chesham and Amersham) (LD)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I am glad to have the opportunity to discuss the petition on behalf of more than 250 constituents of mine who signed it. The Government state, in their reply to the petition:

“We will make the gender recognition certificate process kinder and more straightforward.”

If I understand the Government’s response correctly, they recognise that the current process can be distressing and humiliating, and that more should be done to streamline what can feel like a torturous administrative process. I will therefore use the time that I have to ask what concrete steps the Government are taking to ease that burden. For example, the Government said that they would

“reduce the fee from £140 to a nominal amount.”

The fee has now been reduced to £5, and that is a step in the right direction. There is still a cost attached to acquiring all the documentation required, but the reduction in the fee itself should be welcomed.

The Government also say that they

“will streamline the administrative process and cut bureaucracy by enabling applications via gov.uk”.

Like my hon. Friend the Member for Wallasey (Dame Angela Eagle), I question whether enabling applications to be made online can seriously be considered streamlining the process. That does not remove a requirement or reduce the number of boxes that an applicant needs to tick; instead, it adds the need to find a scanner and upload all the same evidence and documentation. It is disingenuous to imply that digitising the process is somehow streamlining it. We must also ensure that we do not exclude those who do not have access to the necessary technology. What other steps are the Government taking to make the process kinder and more straightforward?

As we know, the current system requires people to be a certain age, to live in the acquired gender for two years and to obtain two medical reports, one of which must confirm a diagnosis of gender dysphoria. Applicants must make a statutory declaration that they intend to live as that gender for the rest of their life, and submit their application to a gender recognition panel that they never get to meet. Reams of evidence need to be provided to the panel to prove their case. The current requirements are prohibitive, as evidenced by the tiny number of trans people currently in possession of a GRC.

In order to streamline the process, are the Government considering removing the need for a diagnosis of gender dysphoria? That requirement implies that being trans is an illness. In September 2020, the British Medical Association called for trans people to be recognised for who they are, without a medical diagnosis. The requirement is also out of step with definitions provided by the NHS and the Department of Health and Social Care, neither of which see gender dysphoria as a mental illness.

Then there is the opaqueness of the panel itself. Applicants get no explanation if they are rejected, and the rejection is made by a panel that never meets them and does not have to provide any real justification for its decision.

Another barrier is the requirement for spousal consent, as acknowledged by the Women and Equalities Committee in its report published on 21 December last year. That report recommended that the Government should bring back an action plan for reform to the GRA within 12 weeks, specifically in relation to the spousal consent provision, the requirement to live in the acquired gender and the diagnosis of gender dysphoria. We are now nine weeks into that 12-week timeframe, so I ask the Minister what progress has been made on an action plan and on making this process kinder.