Recommendations & Conclusions
30 items
1
Recommendation
Third report- Reform of the Gender Reco…
We consider the reduction in the fee for a Gender Recognition Certificate from £140 to £5 to be a step in the right direction. This new nominal amount will however contribute virtually nothing to the running of the Gender Recognition Certificate system and appears tokenistic. The Government’s consultation showed that …
Government response. 7. We reject the claim that the fee reduction was ‘tokenistic’. In the National LGBT Survey, 34% of transgender respondents told us that the cost of applying for a certificate was holding them back from doing so. The 2018 consultation …
Government Equalities Office
2
Recommendation
Third report- Reform of the Gender Reco…
We welcome the move to offer applicants a digital route. This will bring the process up to date with other Government services, which can be accessed online. The Government must ensure it is a system that can be accessed via smartphones as well as other devices. It will also need …
Government response. 9. We continue to make progress with the digitisation of the GRC application process. The system is currently in its testing phase and will be operational by summer 2022. 10. The digital process has been informed by user research to …
Government Equalities Office
3
Conclusion
Third report- Reform of the Gender Reco…
The wording of the statement by the Minister for Women and Equalities suggested that the three clinics she referred to were new initiatives, driven by the Government Equalities Office in response to its consultation. The three pilot clinics in question had, in fact, already been announced and were a product …
Government response. 49. NHSEI is committed to the commissioning of a new service model for adults in the future, building clinical capacity in primary care and sexual health services, to reduce waiting times. DHSC and NHSEI welcome the positive feedback and impact …
Government Equalities Office
4
Conclusion
Third report- Reform of the Gender Reco…
The length of time taken by the Government Equalities Office to respond to its own consultation is unacceptable. Not only did this delay exacerbate tensions between an already polarised group of stakeholders, but it also caused real distress to many within the transgender community. The Government’s own Consultation Principles make …
Government Equalities Office
5
Recommendation
Third report- Reform of the Gender Reco…
The Government’s reforms should improve the process for transgender people, whilst ensuring the appropriate safeguards for those with concerns. The Government should bring back an action plan for reform to the Gender Recognition Act within 12 72 Reform of the Gender Recognition Act weeks in those areas where there was …
Government response. 13. It is our view that the position we set out in September 2020 is right and appropriate. The balance struck in this legislation is correct, in that there are proper checks and balances in the system for people who …
Government Equalities Office
6
Conclusion
Third report- Reform of the Gender Reco…
Ministers are fundamentally accountable to Parliament and have a duty to make themselves available for scrutiny by the House and its committees. The same applies, with certain qualifications, to other public servants and public officeholders. We are deeply disappointed by the approach taken by both the Government Equalities Office and …
Government response. 7. We reject the claim that the fee reduction was ‘tokenistic’. In the National LGBT Survey, 34% of transgender respondents told us that the cost of applying for a certificate was holding them back from doing so. The 2018 consultation …
Government Equalities Office
7
Conclusion
Third report- Reform of the Gender Reco…
The Government Equalities Office response to the consultation on the Gender Recognition Act was minimal and ignored areas where there was a majority in support for change. The Minister for Women and Equalities committed to reducing the fee, placing the process online and opening at least three new gender clinics …
Government response. 7. We reject the claim that the fee reduction was ‘tokenistic’. In the National LGBT Survey, 34% of transgender respondents told us that the cost of applying for a certificate was holding them back from doing so. The 2018 consultation …
Government Equalities Office
8
Recommendation
Third report- Reform of the Gender Reco…
We remain frustrated at the degree of engagement by the Government Equalities Office and the Equality and Human Rights Commission. These key bodies have a vital role to play in enforcing and enacting real change in this area. They should be willing to participate in ongoing discussions with this Committee …
Government response. 9. We continue to make progress with the digitisation of the GRC application process. The system is currently in its testing phase and will be operational by summer 2022.
Government Equalities Office
9
Conclusion
Third report- Reform of the Gender Reco…
We believe that the requirement of a diagnosis of gender dysphoria in order to obtain a Gender Recognition Certificate should be removed from the Gender Recognition Act, moving the process closer to a system of self-declaration. The legal recognition Reform of the Gender Recognition Act 73 process should not involve …
Government response. 9. We continue to make progress with the digitisation of the GRC application process. The system is currently in its testing phase and will be operational by summer 2022.
Government Equalities Office
10
Recommendation
Third report- Reform of the Gender Reco…
The Government should remove the diagnosis of gender dysphoria from the Gender Recognition Act by 2023, reflecting the support for this in responses to its own consultation. It must ensure that appropriate safeguards are in place when doing so, including retaining the requirement for a statutory declaration. Robust guidance on …
Government response. 19. It is our view that the position we set out in September 2020 is right and appropriate. The diagnosis requirements in the GRA ensure that the legal gender recognition process is rigorous and provides assurance that the system is …
Government Equalities Office
11
Recommendation
Third report- Reform of the Gender Reco…
There are significant problems with the requirement to have lived in the acquired gender. There is no clear, accepted or agreed definition of what living like a man or a woman is. This makes it difficult for a person to demonstrate whether they are masculine or feminine enough to obtain …
Government response. 23. It is our view that the position we set out in September 2020 is right and appropriate. The evidential requirements in the GRA ensure that the legal gender recognition process is rigorous and provides assurance that the system is …
Government Equalities Office
12
Recommendation
Third report- Reform of the Gender Reco…
The requirement for an applicant legally transitioning to complete a statutory declaration is an essential safeguard which ensures that they are doing so with genuine intent. We believe this requirement must be retained. We accept that there are cases where some individuals might regret their decision to legally transition. We …
Government response. 13. It is our view that the position we set out in September 2020 is right and appropriate. The balance struck in this legislation is correct, in that there are proper checks and balances in the system for people who …
Government Equalities Office
13
Conclusion
Third report- Reform of the Gender Reco…
We have carefully considered the arguments for and against the spousal consent provision. The choice to transition by one spouse can, for some, fundamentally change the nature of the relationship and the marriage contract. The spouse of the person transitioning must be informed of their spouse’s decision to change their …
Government response. 13. It is our view that the position we set out in September 2020 is right and appropriate. The balance struck in this legislation is correct, in that there are proper checks and balances in the system for people who …
Government Equalities Office
14
Recommendation
Third report- Reform of the Gender Reco…
We recommend the requirement for spousal consent should be removed. When an application is made, the non-transitioning spouse should be notified by the body 74 Reform of the Gender Recognition Act processing the application (currently the Gender Recognition Panel) that their transitioning spouse has applied for a Certificate. The non-transitioning …
Government response. 15. We acknowledge the Committee’s recommendation regarding engagement with the work of the Committee. We recognise how important it is for departments to be held accountable, and that scrutinising the work of the GEO, and the wider Equality Hub, is …
Government Equalities Office
15
Conclusion
Third report- Reform of the Gender Reco…
We agree with the Government Equalities Office that the age of 18 is the appropriate age at which an individual should be able to decide on whether they want to apply for legal gender recognition. Part of the process of applying for legal recognition is making a statutory declaration. It …
Government response. 15. We acknowledge the Committee’s recommendation regarding engagement with the work of the Committee. We recognise how important it is for departments to be held accountable, and that scrutinising the work of the GEO, and the wider Equality Hub, is …
Government Equalities Office
16
Conclusion
Third report- Reform of the Gender Reco…
We are aware that there has been a significant increase in the number of referrals to Gender Identity Development Services in recent years. We strongly believe that improved support is needed to help young people seeking to transition, especially mental health support. Young people should have access to services which …
Government response. 49. NHSEI is committed to the commissioning of a new service model for adults in the future, building clinical capacity in primary care and sexual health services, to reduce waiting times. DHSC and NHSEI welcome the positive feedback and impact …
Government Equalities Office
17
Recommendation
Third report- Reform of the Gender Reco…
Transparency around the operation and decision-making of the Gender Recognition Panel is a concern to many people applying for a Gender Recognition Certificate. It is clear to us that the existence of the Panel itself can, at times, discourage people from applying for a GRC. We believe that another system …
Government response. 33. We are satisfied that the Gender Recognition Panel is fulfilling its duties and we will not be amending its structure. Since its inception in 2005, the Panel has refused less than 5% of applications. This does not suggest that …
Government Equalities Office
18
Recommendation
Third report- Reform of the Gender Reco…
Section 22 of the Gender Recognition Act is important. It ensures the privacy of transgender people by making it a criminal offence for a person who has acquired information about a person’s GRC, in an official capacity, to disclose it without the transgender person’s consent (except in limited circumstances). No …
Government response. 19. It is our view that the position we set out in September 2020 is right and appropriate. The diagnosis requirements in the GRA ensure that the legal gender recognition process is rigorous and provides assurance that the system is …
Government Equalities Office
19
Recommendation
Third report- Reform of the Gender Reco…
We reiterate our predecessor Committee’s recommendation for better guidance on the single-sex and separate-sex exceptions and urge the Government Equalities Office and Equality and Human Rights Commission to publish this guidance, using worked examples and case studies from organisations providing these services. We also strongly recommend that the Government Equalities …
Government response. 19. It is our view that the position we set out in September 2020 is right and appropriate. The diagnosis requirements in the GRA ensure that the legal gender recognition process is rigorous and provides assurance that the system is …
Government Equalities Office
20
Recommendation
Third report- Reform of the Gender Reco…
We recommend that the Government Equalities Office conduct a review into the use of the occupational requirement exception and how it is currently being applied. This review should consider the role of the GRA and how it interacts with the Equality Act and employment laws, and make recommendations to strengthen …
Government response. 41. The EHRC has committed to issuing separate guidance on the occupational requirement provisions. We refer to their response of 28 January 2022.
Government Equalities Office
21
Recommendation
Third report- Reform of the Gender Reco…
Guidance on the application of the sports exception continues to be confused and inadequate, leaving many sports providers feeling unclear about its application. The Sports Council Equality Group has produced some guidance to try and bridge this gap. However, both the Government Equalities Office and Equality and Human Rights Commission …
Government response. , the Equality and Human Rights Commission is currently looking to update its guidance on the workings of the single-sex exceptions in the Equality Act. These should not be confused with the requirements under the Gender Recognition Act. We refer …
Government Equalities Office
22
Recommendation
Third report- Reform of the Gender Reco…
The conflation of the terms sex and gender in both the Gender Recognition Act and Equality Act has led to widespread confusion and disagreement. We welcome the Equality and Human Rights Commission guidance on sex and gender reassignment and believe it is clear in explaining the rights of those who …
Government response. 23. It is our view that the position we set out in September 2020 is right and appropriate. The evidential requirements in the GRA ensure that the legal gender recognition process is rigorous and provides assurance that the system is …
Government Equalities Office
23
Conclusion
Third report- Reform of the Gender Reco…
We recognise the importance of collecting and monitoring data on natal sex, especially in cases of equality monitoring. We also recognise the sensitives around collecting and monitoring data on natal sex and the distress it can cause trans and gender non-conforming people. The Government Equalities Office should work closely with …
Government response. 23. It is our view that the position we set out in September 2020 is right and appropriate. The evidential requirements in the GRA ensure that the legal gender recognition process is rigorous and provides assurance that the system is …
Government Equalities Office
24
Recommendation
Third report- Reform of the Gender Reco…
We commend the work undertaken by NHS England to open more gender identity clinics and welcome the announcement of the opening of a further two pilot clinics. We are, however, concerned to learn that waiting times for these clinics continue to be lengthy. There also appears to be a lack …
Government response. 49. NHSEI is committed to the commissioning of a new service model for adults in the future, building clinical capacity in primary care and sexual health services, to reduce waiting times. DHSC and NHSEI welcome the positive feedback and impact …
Government Equalities Office
25
Conclusion
Third report- Reform of the Gender Reco…
NHS England should also consider more appropriate and effective responses and services to patients facing lengthy waiting list times than the current communications. This must include access to trans/gender non-conforming inclusive or specific mental health services. The GEO, DHSC and NHS England should provide this Committee Reform of the Gender …
Government response. 52. DHSC are happy to provide the Committee with annual updates on the progress of the pilot clinics and the impact they are having on waiting times. The new pilots based in primary care seek to address an individual’s health …
Government Equalities Office
26
Conclusion
Third report- Reform of the Gender Reco…
There is undoubtedly an urgent need for more trained and specialist clinicians who have the knowledge and understanding to work in the growing number of gender identity clinics. We welcome NHS England’s funding of a programme in gender dysphoria medicine. However, we are concerned that NHS England do not have …
Government response. 27. A statutory declaration is required reflecting the applicant’s intention at the time of the declaration. We do not consider it necessary to change the requirement for a statutory declaration, as this provides another level of robustness to the gender …
Government Equalities Office
27
Conclusion
Third report- Reform of the Gender Reco…
We are aware that the COVID-19 pandemic has made access to primary healthcare more difficult for everybody, including transgender and non-binary people. In her response to the Gender Recognition Act Consultation, the Minister for Women and Equalities argued that the most important concern for transgender people was the state of …
Government response. 27. A statutory declaration is required reflecting the applicant’s intention at the time of the declaration. We do not consider it necessary to change the requirement for a statutory declaration, as this provides another level of robustness to the gender …
Government Equalities Office
28
Recommendation
Third report- Reform of the Gender Reco…
The Government Equalities Office and Department for Health and Social Care should develop a healthcare strategy for transgender and non-binary people within the next year. The strategy should include: • improved and mandatory training for GPs around treating trans and non- binary patients; • guidance for healthcare professionals, including how …
Government response. 29. For clarity, we are using the term ‘spouse’ to refer to legally-recognised partners within either a marriage or civil partnership.
Government Equalities Office
29
Recommendation
Third report- Reform of the Gender Reco…
We welcome confirmation from the Department of Health and Social Care that the LGBT Action Plan is considered a point of reference for the Department. However, we are concerned that the Government Equalities Office appears to have abandoned it. This demonstrates how disjointed the Governments approach to LGBT+ issues is. …
Government response. 29. For clarity, we are using the term ‘spouse’ to refer to legally-recognised partners within either a marriage or civil partnership.
Government Equalities Office
30
Recommendation
Third report- Reform of the Gender Reco…
When the previous Government launched its consultation into the reform of the Gender Recognition Act, it explicitly stated that one of its aims was to gather evidence to further advance equality for non-binary and intersex people. The LGBT Action Plan also made a commitment to improve the Government’s understanding of …
Government response. 62. GEO officials have considered the experiences of both people with variations in sex characteristics (VSC), otherwise known as ‘intersex’, and people who identify as non- binary, details of which are set out below: 1) Analysis of call for evidence …
Government Equalities Office