Legislative Definition of Sex

Tim Loughton Excerpts

Monday 12th June 2023 Westminster Hall

[Tim Loughton (East Worthing and Shoreham) (Con)]

I think many people find it extraordinary that we are having a debate on having to redefine sex in the Equality Act, but people will find it even more extraordinary that some speakers have warned us against having this debate in this place—supposedly, people are frightened about having this debate. There is a problem. That problem has been due to the conflation of sex and gender, and it is this place that rightfully needs to put it right. It is up to us as parliamentarians to speak out—as the opening speaker said, openly, fearlessly and respectfully, and, I hope, also without fear of being cancelled, of appearing in an Oxfam cartoon or of being described as weaponising this important subject.

There is currently confusion about how the Equality Act operates in relation to sex. That is jeopardising the provision of single-sex and separate-sex services allowed for by the Act, including in hospital wards, care provision, sports and schools, as we have heard. Amending the Act to ensure that references to “sex” mean biological sex would resolve that confusion for everyone concerned. It is about clarification, not change. It does not remove the rights of transgender people. They are protected from discrimination on the basis of gender reassignment, which comes under a protected characteristic in the same Act.

The clarification would make it simpler to provide single-sex services and accommodation. It would provide clarity for single-sex associations, including charities, women’s refuges and sports associations. It would also provide clarity to schools, which is increasingly becoming an issue. All of that can be done using section 23 of the GRA without the need for new primary legislation.

I support the first petition to make the Equality Act clearer for several reasons. I echo what other hon. Members have said, but I will talk about one particular application of the Act, which is to allow clear and fair women’s sport, and to ensure it gets the support that it needs. It is just over a decade since London hosted the world’s greatest sporting spectacle, the Olympics, when Team GB did us proud. Since then, one sport after another has allowed male-born athletes who later identify as women to compete as women. Around 60 governing bodies have opened up the female category to male athletes, who benefit from all the physical advantages of testosterone during puberty. Incredibly, that includes some combat sports such as wrestling and judo, which are very physical.

The entire purpose of competitive women’s sport is to allow girls and women to compete fairly, like against like, and to recognise and reward female excellence. That is why we have separate Paralympic games, and separate categories within them to reflect the abilities of certain people. We also do not hear much about transgender men competing in male sport. We know that males are bigger, stronger, faster. During puberty, testosterone broadens their shoulders, and makes their bones and muscles larger and far stronger. There is no way to undo those changes. They are so advantageous in sport that in every single track and field event, the women’s world record has been surpassed many times not just by elite male athletes but by teenage boys.

UK law allows women’s sport to be restricted to females. Even transgender males who have a gender recognition certificate stating that their sex is female can lawfully be excluded from women’s sport, as recently confirmed by the EHRC. However, sporting regulators have said they worry that even with the law behind them, they risk vexatious, costly legal actions and being dragged on social media for being transphobic and exclusionary. A legal opinion commissioned by UK Athletics alerted the body to those risks; it wants to exclude all males from female sports but worries that it will get sued. Sports organisations also worry that they might not be covered by the exclusion that relates to competition when it comes to other parts of sport: training, handing out funding, running recreational sports and providing facilities such as changing rooms.

Last year, the UK sports councils looked at the science, and concluded that it is categorically unfair to allow males into female sport. However, the campaign group Fair Play for Women still knows of men competing in women’s events. In English football, there are around 50 such males. A 30-something male was selected as goalkeeper for the British universities team. In individual sports such as cycling and running, women have lost medals and prizes to males identifying as female.

This is an issue not just for elite sports, but at the junior level. Parents worry that their daughters will get injured on the field playing with bigger, stronger, heavier boys who identify as girls. Faced with such unfairness and risk, women and girls vote with their feet. A measure that is described as “inclusive” actually means that girls and women are excluded from their own competition. This week we have heard about the English women’s angling team. In swimming, many women, including those who have had breast cancer and Muslim women, want female-only sessions, but now they can find a male “woman” in the changing room and in the pool with them. I pay tribute to Sharron Davies for all her work in this area.

It is not fair on women and girls who spend years training in their sport, only to have it snatched away by competing against somebody who is biologically different. We owe it to the amazing women of Team GB to sort out this issue, and we owe it to every girl who dreams of being on the podium one day, like the women who are their sporting heroes. I support the first petition.