Recommendations & Conclusions
7 items
5
Recommendation
Third report- Reform of the Gender Reco…
Rejected
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 …
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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 a majority in support for it. This should be done specifically in relation to the spousal consent provision, the requirement to live in the acquired gender and the diagnosis of gender dysphoria.
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Government response AI summary
The government explicitly rejected the recommendation for an action plan to reform the Gender Recognition Act, stating its September 2020 position on spousal consent, living in acquired gender, and diagnosis requirements remains correct and provides robust checks and balances. They clarified that the consultation was …
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Government Equalities Office
10
Recommendation
Third report- Reform of the Gender Reco…
Rejected
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 …
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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 how a system of self-declaration would work in practice should also be developed. For example, male prisoners with a record of sexual assault or domestic violence, who self- identify as a woman, should not be transferred to a woman’s prison.
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Government response AI summary
The government rejects removing the diagnosis of gender dysphoria from the Gender Recognition Act, stating its current position is appropriate and that diagnosis requirements ensure a robust process. It will amend the reference to 'disorder' but not the diagnosis requirement itself, and highlights existing safeguards.
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Government Equalities Office
11
Recommendation
Third report- Reform of the Gender Reco…
Rejected
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 …
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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 a Gender Recognition Certificate. The requirement also risks entrenching outdated and unacceptable gender stereotypes. The Government should remove the requirement to have lived for a set period of time in the acquired gender from the gender recognition process immediately.
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Government response AI summary
The government rejected the recommendation to remove the requirement to have lived in the acquired gender, stating its September 2020 position on evidential requirements in the GRA remains appropriate and robust. They clarified that the assessment relies on routine documentary evidence rather than gender stereotypes.
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Government Equalities Office
12
Recommendation
Third report- Reform of the Gender Reco…
Rejected
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 …
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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 recommend that the wording of the statutory declaration be amended to permit people who have legally changed their gender identity to reverse their decision, should they so choose by removing the ‘until death’ requirement.
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Government response AI summary
The government rejects amending the wording of the statutory declaration, stating that its current position, including the evidential and diagnosis requirements in the Gender Recognition Act, strikes the correct balance and ensures a robust process.
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Government Equalities Office
13
Recommendation
Third report- Reform of the Gender Reco…
Rejected
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 …
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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 legal sex. We understand the importance of the spousal consent provision and the availability of the option for annulment for some individuals, including those from religious communities where divorce and same-sex marriage is not regarded favourably. On balance, we do not believe that the lack of consent from a spouse to remain in the marriage after the legal transition should lead to delay in an individual obtaining a full Gender Recognition Certificate. The current system places the burden for obtaining consent, or an annulment, on the parties to the marriage or civil partnership through the issue of an interim certificate. This has created delay and unfairness, which has led to trans people saying that this denies their basic rights and agency over their own bodies, and places it in the hands of their spouses.
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Government response AI summary
The government rejected the committee's implicit recommendation that spousal consent or annulment should not cause delay in obtaining a GRC. It maintained that its existing position, set out in September 2020, is correct, asserting that the current legislation strikes the right balance with proper checks …
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Government Equalities Office
17
Recommendation
Third report- Reform of the Gender Reco…
Rejected
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 …
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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 should exist in place of the Gender Recognition Panel which allows for greater transparency. We note Scotland’s proposed changes to replace the Gender Recognition Panel with the Registrar General for Scotland and we believe this could be a move in the right direction. We heard conflicting evidence on whether the Gender Recognition Panel is providing the feedback that it is supposed to. We recommend that the Government conduct a review on whether the Gender Recognition Panel could be removed and replaced with the Registrar General for England and Wales, who already has a number of existing functions under the Gender Recognition Act. In the interim, more needs to be done to improve the transparency around the operation and role of the Panel. The GEO should satisfy itself that the Panel is carrying out its feedback requirements in line with the GRA and provide reassurance in response to this report. We recommend that the Government conduct a review on whether the Gender Recognition Panel could be removed and replaced with the Registrar General for England and Wales, who already has a number of existing functions under the Gender Recognition Act. In the interim, more needs to be done to improve the transparency around the operation Reform of the Gender Recognition Act 75 and role of the Panel. The GEO should satisfy itself that the Panel is carrying out its feedback requirements in line with the GRA and provide reassurance in response to this report
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Government response AI summary
The government rejects the recommendation to replace the Gender Recognition Panel or conduct a review of its structure, stating it is satisfied the Panel is fulfilling its duties and that a replacement would not be appropriate. It highlights existing efforts to simplify the application process.
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Government Equalities Office
30
Recommendation
Third report- Reform of the Gender Reco…
Rejected
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 …
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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 the issues faced by non-binary. The Government should clarify what the barriers are that prevent it from allowing non-binary people to be legally recognised. The Government should lay out reasons in writing to this Committee at the earliest possible opportunity, within a maximum of 12 weeks. The Equality and Human Rights Commission should undertake research in this area so that proposals to allow for legal recognition of non- binary people can be brought forward during this parliament. (Paragraph 226) Reform of the Gender Recognition Act 79
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Government response AI summary
The government stated its position that no changes are needed to the Gender Recognition Act (GRA), asserting that UK law defines individuals as male or female on their birth certificate. While acknowledging its previous work exploring experiences of VSC and non-binary people, the government essentially …
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Government Equalities Office