Gender Self-identification

Seema Malhotra Excerpts

Monday 19th May 2025 Westminster Hall

[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.

[Dr Arthur]

Can the Minister explain the timeline in a bit more detail? When can we expect this to come to Parliament? When will the formal guidance be agreed and issued?

[Seema Malhotra]

Some of this depends on the EHRC’s work and the time it takes to respond to the consultation; I know that we all want it to do so effectively. It is a matter on which I am sure the Minister for Equalities, my hon. Friend the Member for Llanelli, who is unable to be here today, will update the House in due course. My hon. Friend the Member for Edinburgh South West will understand that on one hand, we are saying it needs to be longer, and on the other hand we want clarity. What is important is that it is a consultation in which all voices can be heard. I think he will appreciate the assurance that the updated code will be laid in Parliament and will be there for scrutiny and consideration by both Houses. That will be an important part of the process.

[Kirsty Blackman]

When the Minister encourages the hon. Member for Llanelli to update us on the timelines, will she encourage her to update us with information on what the scrutiny process will be? I might have missed it, but I do not know whether it is subject to the negative or the affirmative procedure. If a statement could be made to the House explaining both those things, that would be helpful for all of us.

[Seema Malhotra]

That is an important consideration, and I will raise it with my hon. Friend the Member for Llanelli. Laws remain in place to protect trans people from discrimination and harassment, as the Supreme Court pointed out. It is important to state that protections for gender reassignment under the Equality Act have not been affected.

The ruling does not impact how a GRC is issued to change a person’s legal sex for certain purposes, nor does the ruling change its significance. There has been considerable debate on this, so I will make some comments on it, but I am sure hon. Members will understand that this is an ongoing debate. However, as we have heard in this debate, it is important to recognise that trans people deserve the right to get married, to have dignity in death, to access pensions and to live their lives in the same way as anyone else.

We have said that we will look at gender recognition reform. Our immediate priority, as laid out in the King’s Speech, is to make sure that we have a trans-inclusive ban on conversion practices, to strengthen hate crime protections for trans people, and to improve healthcare for trans people. It is also important to recognise that discussions continue with trans organisations and the trans community. My hon. Friend the Member for Llanelli will continue to have those discussions.

Any process that allows people to change something as fundamental as their legal sex must have appropriate and proportionate checks and balances. I have heard the different views today, but it is important for me to say—I do not believe this is new information—that the Government do not support self-identification because, as we set out in our manifesto, we believe in protecting the robustness of the process and its legitimate application. A medical diagnosis of gender dysphoria is important in this process.

We all recognise the challenges in accessing NHS services, and it is important to say that the Government are committed to ensuring that trans people receive the healthcare and support they need when accessing NHS services. We are all aware of the delays, which have been happening for far too long. NHS England has increased the number of adult gender dysphoria clinics in England from seven to 12, but in the light of the Cass report’s recommendations, NHS England also launched an in-depth review of adult services led by Dr David Levy in August 2024. The review will assess not only the quality, effectiveness, safety and patient experience of each service, but their stability and whether the existing model is still appropriate for the patients they care for.

I can also confirm that, as part of our agenda supporting LGBT+ people, the Government will deliver a full trans-inclusive ban on conversion practices. We are clear that conversion practices are abuse. They do not work, and they can and do inflict deep and lasting harm on victims. The continuation of such acts in our society—a society largely accepting of LGBT+ people—must be challenged. The previous Government failed to act, but this Government will not fail.

That is why we committed in the King’s Speech to publish draft legislation for a full trans-inclusive ban on conversion practices. We are working hard to draft measures that offer protection from these harmful practices, while also respecting the important role that teachers, religious leaders, parents and carers can have in supporting those exploring their sexual orientation or gender identity.

[Kirsty Blackman]

I am looking for an update on the timeline for the conversion practices ban and on what the scrutiny might look like. I understand that it is being published in draft, which is very much appreciated—the Online Safety Act 2023 really benefited from being published in draft—but what scrutiny will happen, and what is the timeline for the initial publication of the draft?

[Seema Malhotra]

The hon. Member may not be surprised to hear me say—indeed, I pre-empted her question—that there is not much I can update her on, other than to say that it is a priority for the Minister for Equalities, my hon. Friend the Member for Llanelli. When it is possible to update the House, she will very much want to do that. It is a priority and she is continuing to work on it.

I briefly mentioned Dr Levy’s review of adult gender services in NHS England. We want to ensure that all trans people can get the high-quality care they deserve, and my hon. Friend the Member for Glasgow North (Martin Rhodes) referred to that, too. Also, we remain committed to implementing the recommendations set out in the Cass report, working with NHS England as it continues to improve children’s and young people’s gender services, and ensuring that those services provide the right healthcare, safeguarding and support for children and young people. That means making sure that they are based on the best available evidence and expert clinical opinion.

To briefly refer to the Supreme Court judgment again, I recognise that recent years have seen an increasing focus on the definition of sex in the Equality Act and access to single-sex spaces. The Supreme Court has given its judgment on that point, and the Government have been consistently clear that single-sex spaces must be protected, but we also know that trans people must be protected, and their safety and wellbeing is a matter for all of us. It is the role of the Government and Parliament to protect all members of society, and I hope that with the processes we have, we can now work better together to do just that.

A number of hon. Members have mentioned the Rainbow Map, and they were right to do so. We were ranked in first place in 2015 but went down to 22nd place this year, and that is a matter of concern. The UK has long championed the rights of LGBT+ people at home and abroad, and we proudly uphold a clear, robust and expansive legal and legislative framework. We are working to advance the rights afforded to LGBT+ people, including, as we have spoken about, by bringing forward legislation in relation to conversion practices and strengthening protections against hate crime. We recognise that there is always more to do.

As we look forward to the future, the Government’s mission remains constant: to create a fairer, more inclusive society. That entails listening actively rather than imposing viewpoints, and it requires people to stand up for those who are marginalised even when those actions prove politically difficult. This debate has been an important contribution to that. More importantly, it involves remembering the core principle—that equality is not a zero-sum game; it elevates us all. We take pride in our achievements and our values, and we will not let complacency or the intent for division take root. Our commitment is to continue listening, learning and fighting for a society where everyone, regardless of their identity or who they love, can live with safety, dignity and hope.