Self-identification of Gender

Victoria Atkins Excerpts

Wednesday 21st November 2018 Westminster Hall

[The Minister for Women (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Hosie. I thank my hon. Friend the Member for Monmouth (David T. C. Davies) for securing this debate and enabling us to have this conversation about a very important area of our society in the 21st century. A lot of us are feeling our way in it.

I thank all hon. Members for the respectful tone in which they conducted the debate. I get asked about this issue regularly, and we all share a sense of sadness about the fact that this important debate sometimes gets taken over by loud and sometimes aggressive campaigning by activists. I am sure they hold their beliefs very strongly, but they perhaps lose sight of the fact that we have to be able to talk about this issue in a reasoned, respectful and caring fashion. The vast majority of the public—and, I am sure, parliamentarians—are in the middle. We want to talk about this issue in a caring and careful way so society gets to a position in which we are all comfortable with the consequences of the changes to legislation and so on.

There is perhaps a lack of understanding, so we need to help schools and the other organisations that have been mentioned to understand what the law is so they can apply it confidently in their services. I take that away not just from this debate but from the discussions we have more generally. We have tended to focus on trans women, but of course this debate also involves trans men, which I will deal with towards the end of my speech.

The consultation closed on 22 October. I hope that those who looked at it noted that the questions were very open. We deliberately tried not to lead people down a particular path because we wanted to ensure that we heard a range of views from as many people as possible to see how the current system is working. This debate is about self-identification, but no decisions have been made yet about what if any changes will be made to the Gender Recognition Act 2004. The consultation was about seeking views, so people should not walk away with the idea that we have made up our mind. It is only a couple of weeks since the consultation closed, so no proposals have been put forward about self-identification or other ways in which we can deal with the Act.

The consultation ran for 16 weeks and received more than 100,000 responses, which shows the interest that this topic attracts. My hard-working civil servants are now analysing those responses. In response to the hon. Member for Brent Central (Dawn Butler), we hope to have a Government response to the consultation ready in spring next year. She will appreciate that it takes a bit of time to work through 100,000 responses. We also want to ensure that we get the right response, in which we will set out the next steps.

The hon. Lady also asked about calls for evidence regarding intersex and non-binary people. We will publish the call for evidence shortly, and it will not cause delay to the response to the overall consultation. She also asked about the “Tell Us Once” service. Work is ongoing in the Government Equalities Office to deliver that commitment in the action plan.

The hon. Lady asked about trans people’s rights. Again, I am grateful to my hon. Friend the Member for Monmouth for securing this debate, because it gives me the opportunity to say that there will be no loss of trans people’s rights. This is an open consultation to determine what the law should be and explore people’s thoughts about its application in the 21st century.

I understand that my hon. Friend is concerned that the views of women and women’s groups have not been heard in the consultation. I reassure him that the Government are committed to hearing from everyone, including the groups he mentioned. We do not want to close down the debate. We absolutely do not agree with those who seek to vilify the views of people who do not agree with them. I, for one, have been on the record for some time as having grave concerns about the development of things such as no-platforming in our universities. It seems to me that we should have the confidence to talk about this issue, to express our concerns, to ask questions and to do so in a way that is met with respect so our questions are answered.

[David T. C. Davies]

The shadow Minister, the hon. Member for Brent Central (Dawn Butler), said that Labour fully supports debate. The Minister has just said the same. Do they both support local authorities—Conservative and Labour—in allowing groups such as Woman’s Place UK and Transgender Trend to hold meetings in local authority buildings?

[Victoria Atkins]

I take the view that we have the principle of freedom of speech. We should have a debate as long as it does not go beyond the legal markers delineating hate crime and so on. People are sometimes almost too scared to talk about things, which is not right. We do not want a climate of fear in the debate. We want people to be able to express their views respectfully and in a caring and careful manner, so that we ensure that questions are flushed out and answered.

The people whom my officials have met represent what I call the “rainbow full of views”—the spectrum of views on the topic. My officials have met women’s groups, those who run and administer refuges, domestic abuse charities, local government, LGBT groups, unions, service providers, transgender charities, Government Departments, European Governments, and organisations who campaign against reform of the Gender Recognition Act, including Fair Play For Women, Woman’s Place UK and Transgender Trend. They have also met feminist organisations that support reform of the GRA, because our priority with the consultation has been openness and listening.

As the Government consider the options, there are a couple of points I will make clear. Since the Gender Recognition Act came into force, transgender people have been able to acquire a new birth certificate matching the gender they live in. Experience has shown, however, that some do not use the process because they find it to be difficult and intrusive. They are therefore left with a birth certificate that does not reflect the gender in which they live their lives. Without a new birth certificate, transgender people are unable to marry in the gender in which they live their lives, and cannot claim their pensions at the age appropriate to that gender. Those who are a little older live with the worry that their death certificate might carry a name and a gender that have not applied to them for decades. That is one of many reasons for the consultation.

For a transgender person, changing their birth certificate requires them to obtain a medical diagnosis of gender dysphoria; to obtain a second report from a medical professional detailing any medical treatment that they have had, such as hormone treatment or surgery; to sign a statutory declaration that they intend to live in their acquired gender until death; to provide proof of having lived for at least two years in their acquired gender; to pay a fee of £140; and, if they are married, to obtain the consent of their spouse. That documentation is sent to the Gender Recognition Panel, which is made up of legal and medical experts, and which makes a decision as to whether the person has fulfilled the requirements. If satisfied, the panel will issue a gender recognition certificate, which is used to obtain a new birth certificate. The transgender person never meets the panel that makes that decision about them.

When the UK Government introduced the 2004 Act, it was world leading, as the hon. Member for Brent Central mentioned. We feel that the time is right to ask whether it is still appropriate and whether it needs improving. We have head from 100,000 people and from colleagues across the House.

[Dawn Butler]

Does the Minister agree that it is cruel not only that a transgender person does not meet the Gender Recognition Panel, but that they have no right of appeal?

[Victoria Atkins]

That point was raised in the consultation.

[Hannah Bardell]

The Minister’s point about the time being right is important. She mentioned a number of organisations that she has met, but I am concerned that some organisations suggest that gender identification is a trend. To me, that is deeply offensive, because it is akin to somebody telling me that my sexuality is a trend, which I absolutely refute in the strongest terms. In reality, trans people across the UK face murder, homelessness and violence. It is important that we change the law as soon as possible.

[Victoria Atkins]

I am about to move on to something that the hon. Lady spoke about in her speech. She may not know but I have said on record that I would never dream of using the word “trend” in this context, because its use risks demeaning or minimising the journeys that people are on or have been on. To my mind, that comes back to the point about being caring and careful in the way that we discuss the issue. If I may correct her for the record: the organisations I listed have met my officials.

[Layla Moran]

I want to relay the story of a friend of mine whose spouse was asked to provide that certificate and found it deeply concerning. Their feeling was, “Who am I to stop my partner from defining who they are?” In fact, it stopped them from going through the process. Does the Minister agree that that is problematic and can she confirm that it is being looked at?

[Victoria Atkins]

We will look at the matter of spousal consent and those responses as part of the consultation.

The hon. Member for Livingston (Hannah Bardell) gave a moving account of her personal experience, and other colleagues have given accounts of the experiences of people who have been on, or are on, their journeys, and the challenges, or sometimes the heartbreak, that they face. I know from conversations that I have had with trans people that there is often a great deal of sadness in the process of coming to a decision. That is not necessarily their own sadness, but can be the sadness of those around them. I am very conscious of the experiences of people who have been through that and, for me, the key words on the issue are “caring” and “careful”.

I say “careful” because of some of the concerns expressed today. I absolutely understand those who expressed them—for example, about women’s refuges. As a Home Office Minister, I will take the draft domestic abuse Bill through Parliament in the coming months. I know people are concerned that refuges will no longer be able to provide safe spaces for women. May I please make it clear that that is not the case?

Domestic abuse services, including refuges, have robust risk assessment procedures and may exclude anyone who might threaten a safe environment for victims and their children, as well as signposting sources of support for those people whose needs they might not be able to meet. I am very conscious from my conversations with refuge organisations that they take different approaches, which I welcome. We have to be in a situation in which we can offer support and refuge services to people regardless of their lifestyle, background and so on. I absolutely understand people’s concerns and I hope I have been able to offer reassurance to them.

We are committed to maintaining protections for single-sex services and will consider as part of our response to the consultation whether any further action is needed to reaffirm that approach. To be clear, the single-sex exceptions under the Equality Act 2010 allow a service provider to provide a service for women or men if an organisation needs to define it in a way that does not allow a trans person to access their services, or to provide a service to them in a different way. They are able to do that as long as they can show that it is a proportionate means of meeting a legitimate aim.

The issue of transgender offenders has understandably been raised as well. The case of Karen White in particular has been examined. I want to be clear that the case of Karen White is appalling. There was a series of terrible failings that should never have happened. In the light of that, my ministerial colleagues at the Ministry of Justice are looking again at the decision-making systems that apply to the management of transgender prisoners, as well as how they were applied in that case.

The issue of children is of concern outside the walls of this Chamber. We have no intention of lowering the age at which people may legally change their gender, namely the age of 18. We recognise the increase in referrals of children and adolescents to gender-identity services for people aged under 18, so we have committed to improve our understanding of the impacts on children and adolescents of changing their gender, and to gather evidence on the issues faced by people who were born female and who transition in adolescence. We are not the only country to witness and experience the increase, and we need to understand why it is happening.

I thank my hon. Friend the Member for Monmouth for securing the debate. I hope I have been able to reassure him on some of his concerns, and other hon. Members who hold different views on the concerns they expressed. The Government are absolutely committed to ensuring that everyone in our society can thrive, and to upholding the rights and protections that all our citizens enjoy. We want to support and protect women; we want to support, protect and improve the lives of transgender people; and I hope that those two ambitions have the support of the House.