Gender Self-identification

Warinder Juss Excerpts

Monday 19th May 2025 Westminster Hall

[Kirsty Blackman]

I completely agree. As the hon. Member for South Cotswolds said, there is still a legal requirement not to lie, with powers to punish people who lie when applying for a gender recognition certificate.

Across these islands, very few medical practitioners are competent, trained and working in this area. If we freed up some of their clinical time, the people who need gender-affirming surgery and treatment would get it far more quickly. The queue would shorten because those seeking a gender recognition certificate would not need a gender dysphoria diagnosis.

The Government could also choose to put other rules in place, and there are already other rules for getting a gender recognition certificate. The petition focuses on the gender dysphoria diagnosis, but it does not focus on the fact that people have to provide two years’ worth of evidence. The Government could still require that people provide evidence for every three-month period in at least the previous two years showing them using the title of Mr, Mrs or Ms, showing them using their new name, and proving that they have been living in that gender. The Government could still require all that while taking out the requirement for a gender dysphoria diagnosis, which would make things so much better for people.

As the hon. Member for South Cotswolds and a number of other hon. Members have said, what has happened around the Supreme Court ruling has made things even more complicated and confusing for people—it has not provided clarity. We are now in a weird limbo situation where huge numbers of pubs, restaurants and shops, which are just trying to do their best, do not know what they have to do. They have the interim guidance, which is frankly not very clear, the Court ruling and the Equality Act to look at, but they do not know what toilets they should be providing.

[Warinder Juss (Wolverhampton West) (Lab)]

I have heard the argument that the Supreme Court interpreted the meaning of “sex” within the confines of the Equality Act 2010—I have inquired further into this as a member of the Justice Committee—and it is now for the Government to legislate further to protect trans people.

[Kirsty Blackman]

I am not a lawyer, but my reading is that the Supreme Court tried to work out what was in the minds of the politicians who passed the Equality Act in 2010. That is a difficult thing to do, because I cannot say what is in my mind right now, never mind 15 years ago. The Supreme Court tried to interpret that, and it came down on the side of saying that the politicians were talking about biological sex when it comes to single-sex spaces, for example. Actually, the Equality Act mainly focuses on things like discrimination rather than single-sex spaces, which are a tangential side mention in the Act.

My understanding is that someone can now only be discriminated against on the basis of biological sex or on the basis of their transgender identity, so not their transgender gender but their identity as a transgender person. That removes a huge amount of protection for transgender people. I am massively concerned, and I think the only way we will get clarity is if the Government step up and make a change to the Equality Act.

--- Later in debate ---

[Warinder Juss (Wolverhampton West) (Lab)]

It is a pleasure to serve under your chairship, Mr Mundell. I welcome the opportunity to contribute to this debate. I begin by expressing my full support for the trans community and their right to live openly and authentically. Every individual in our country must be allowed the freedom to live their truth free from discrimination and fear, and to be treated with the dignity and respect that they deserve.

I am especially proud that City of Wolverhampton council, which is based in my Wolverhampton West constituency, made history back in 2016 by electing the first transgender councillor to office. That moment was not only a milestone for our city, but a powerful symbol of what can be achieved when inclusion and equality are not just discussed but put into practice. I am sure that my city of Wolverhampton will continue to lead the way in promoting acceptance and equal rights for all.

In an intervention earlier, I mentioned the UK Supreme Court judgment in the case of For Women Scotland Ltd v. The Scottish Ministers. As a member of the Justice Committee, I have had the opportunity to inquire further into that decision. The decision confirmed that for the purposes of the Equality Act 2010, “sex” refers to biological sex, and that trans women, even with a gender recognition certificate, are not considered to be women under the Act’s provisions on sex-based protections and rights. The ruling does not strip trans people of their right to be protected from discrimination, harassment, victimisation and unfair treatment.

The decision has created a legal distinction between biological sex and legal gender, and that has obviously created a lot of confusion and uncertainty in areas such as access to single-sex spaces. The Government must find a way to uphold the rights of women and trans people without pitting them against each other, as has happened in the past. It is crucial that the Government recognise that transitioning is not a choice, and that the transitioning process often comes with a deep and difficult journey of self-understanding and acceptance, with the associated stress and emotional strain of coming to terms with one’s new gender identity.

The law is not static, and it never should be. It evolves with society, and society itself evolves through empathy and understanding others. I am pleased that the Government have committed to a wider range of support for the trans community, including a trans-inclusive ban on conversion practices and a review of adult gender identity services. However, we have a duty to ensure, through further legislation, that trans people are given proper legal recognition of their gender, and that we demonstrate respect and compassion toward all our communities. This is not about special treatment: it is about equal treatment and sending a message to everyone in our country that they have the right to live freely and proudly as who they are, and not as we think they are. Consequently, we need to reassure transgender people in our communities that they have the right and the ability to live as their authentic self, free from fear and discrimination.

Oral Answers to Questions

Warinder Juss Excerpts

Monday 10th March 2025 Commons Chamber

[Catherine McKinnell]

Last year, under the previous Government, we saw the steepest year-on-year drop in the number of children and young people enjoying reading. The hon. Member should look at the record of his Government before pointing the finger. Phones should not be out in schools; it is a simple as that. Heads have the power to impose rules that suit their school community. Just a year ago, his Government claimed that they were “prohibiting” mobile phones in schools, and that their guidance meant a “consistent approach” across schools. Those were their words. The then Secretary of State said:

“We are giving our hard-working teachers the tools to take action”.

Was that Secretary of State right back then, when they backed the Tory Government’s measures, or is the hon. Member?

[Warinder Juss (Wolverhampton West) (Lab)]

10. What steps she is taking with Cabinet colleagues to implement the plan for change mission entitled “Break Down Barriers to Opportunity”.

[Josh Dean (Hertford and Stortford) (Lab)]

13. What steps she is taking with Cabinet colleagues to implement the plan for change mission entitled “Break Down Barriers to Opportunity”.

[The Secretary of State for Education (Bridget Phillipson)]

This Labour Government are determined to break the link between background and success, so that where someone is from does not determine where they end up in life. That work starts with the early years, which is when we can make the biggest difference to children’s life chances. Through our plan for change, we will get tens of thousands more children—a record share—starting school ready to learn, because children growing up in our country deserve the best start in life, and nothing less.

[Warinder Juss]

What specific steps are being taken to ensure that the plan for change will help those in my constituency of Wolverhampton West who have historically faced systemic barriers to opportunity, such as those with special educational needs, those from ethnic minority backgrounds, and those from a background of lower socioeconomic status?

[Bridget Phillipson]

In Wolverhampton West and across our country, this Labour Government are determined to ensure that background is no barrier to getting on in modern Britain. That is why we will reform the special educational needs and disabilities system to ensure that all our children get the support that they need to thrive. Alongside that, we have delivered the biggest ever uplift in the early years pupil premium. We are rolling out breakfast clubs in our primary schools and will be launching the first phase of primary-based nurseries, ensuring that all our children have access to fantastic early years education.

School Accountability and Intervention

Warinder Juss Excerpts

Monday 3rd February 2025 Commons Chamber

[Catherine McKinnell]

I can absolutely give my hon. Friend that assurance. We wish to see a change in the drive towards an inclusive mainstream as part of this new Ofsted accountability system, and the changes in the Children’s Wellbeing and Schools Bills will obviously support those endeavours. The curriculum and assessment review will also look at how barriers to inclusion can be removed in the curriculum and assessment system, and at how we can get high standards and expectations of great progress for all children, including those with special educational needs and disabilities.

[Warinder Juss (Wolverhampton West) (Lab)]

I associate myself with the Minister’s earlier comments about the tragic events in Sheffield, where another young life has sadly been lost to knife crime.

Does the Minister agree that these landmark reforms will not only drive high and rising standards, but help in the recruitment and retention of teachers? Will she also confirm that we will engage fully with parents and teachers on the development of plans for school report cards?

[Catherine McKinnell]

I absolutely agree. High-quality teaching is the most important in-school factor for improving outcomes for children. We absolutely need to drive recruitment, but our greatest tool for recruitment is retention—we need to hold on to the fantastic teachers who are in our schools. A more holistic and broader picture of schools will shine a light on the great practice going on, the hard work and the context in which schools operate, and will deliver on the desire, which I know every teacher has, to deliver high and rising standards for the children in their care.

Primary School Breakfast Clubs

Warinder Juss Excerpts

Monday 18th November 2024 Commons Chamber

[Mr Dhesi]

I fully agree with the hon. Gentleman. He is right both to highlight Northern Ireland and to make the wider point. He is a regular feature of Adjournment debates, and I feel honoured that he has intervened on me.

The Minister and the Government need only see the number of Members in the Chamber at half-past 9, here to speak on behalf of their constituents and underline the importance of universal breakfast clubs. The Institute for Fiscal Studies reports that families whose children use breakfast clubs five days a week during term time save a staggering £760, which is a significant saving for working parents. With the roll-out of funded breakfast clubs, imagine the money that could remain in the pockets of working families in Slough and beyond.

[Warinder Juss (Wolverhampton West) (Lab)]

Does my hon. Friend agree that in a constituency such as Wolverhampton West the provision of breakfast clubs for primary school children targets a number of issues? First, it gives children a nutritious meal so that they do not go to school hungry. Secondly, it allows them to socialise with other children before the school day starts. And thirdly, it enables parents to go to work knowing that their children are well provided for in a safe environment.

[Mr Dhesi]

My hon. Friend raises exactly the points I will come to later in my speech—he has spoken very correctly. There are not just financial or moral incentives for free breakfast clubs. In Wales, where universal free breakfast clubs have been rolled out, we have seen the scheme’s educational benefits. The Institute for Fiscal Studies found that attendance at breakfast clubs resulted in improved healthy eating, a reduction in children skipping breakfast and raised attainment for pupils from the age of seven.

Oral Answers to Questions

Warinder Juss Excerpts

Monday 4th November 2024 Commons Chamber

[Janet Daby]

We have recently required all schools to provide that data, so that we can find out where the young carers are and ensure that they gain the support that they need. Through the children’s framework, they can have an assessment alongside their parents. I am happy to speak further on this matter.

[Warinder Juss (Wolverhampton West) (Lab)]

I welcomed the Budget last week, in which the Chancellor confirmed the recruitment of 6,500 teachers. Will the Secretary of State please confirm how those extra teachers, including specialist teachers, will be recruited, and how issues such as workload, working conditions and support for the training and development of new and existing teachers and school support staff will be addressed?

[Bridget Phillipson]

We know that having a well-supported, highly qualified teacher at the front of the class makes the single biggest difference to children’s life chances, but it is also crucial that we tackle issues around workload and pay. That is why I was delighted that we were able to bring in a fully funded 5.5% pay award for our teachers, to recognise their brilliant hard work on behalf of our children, our families and our country.