Select committee: Women and Equalities Committee
Recommendation 4
Third report- Reform of the Gender Recognition Act
Published 21 Dec 2021
Paragraph 52
Addressed to Government Equalities Office
Women and Equalities Committee Reform of the Gender Recognition Act All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
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 it clear that an explanation should be provided to stakeholders if a consultation response will not be issued within 12 weeks of the consultation closing. The GEO should have responded to its own consultation within the 12-week limitation, in line with the 2018 Government Consultation Principles document. Failing that, the GEO could and should have published a statement notifying stakeholders of its progress and reasons for the delay, especially given the sensitive nature of the consultation. It should have also indicated to stakeholders when a response was likely to be issued.
From: Women and Equalities Committee, Third report- Reform of the Gender Recognition Act (HC 977), paragraph 52, 21 December 2021
Government response
The government responded to the whole report on 24 March 2022 (deadline 21 February 2022).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government states that its September 2020 position on the Gender Recognition Act "is right and appropriate" and that it will not change the legislation, while pointing to administrative improvements such as the fee cut and digitisation.
- On the diagnosis of gender dysphoria, the government declines to remove it, saying the requirements ensure the process is "rigorous", but says it will amend the reference to a "disorder" via a remedial order "in due course".
- It does not consider it necessary to change the statutory declaration, and considers it "equitable" for spousal consent to remain, as it is a safeguard for the non-transitioning spouse.
- It says the digital application process is in testing and "will be operational by summer 2022", and that applicants can still use the paper process if they prefer.
- It does not consider a formal healthcare strategy for transgender and non-binary people necessary, while DHSC says it is "happy to provide the Committee with annual updates" on the pilot clinics' progress and waiting times.