Question to the Home Office:

To ask His Majesty's Government, further to the Written Answer by Lord Hanson of Flint on 7 August (HL347), whether misgendering will be a material consideration under their legislative proposals to make all forms of hate crime an aggravated offence.

The Aggravated Offences, set out in the Crime and Disorder Act 1998, currently cover the protected characteristics of race and religion. These offences mirror certain non-hate crime equivalent offences (that is: assault, criminal damage, public order offences or harassment) but with higher maximum sentences.

The Government's manifesto commitment to “protect LGBT+ and disabled people by making all existing strands of hate crime an aggravated offence” intends to extend the Aggravated Offences so that they cover all existing strands of hate crime, meaning that the offences will be extended to additionally cover the protected characteristics of sexual orientation, disability and transgender identity.

We are carefully considering how best to deliver this commitment and will set out our next steps in due course.