Select committee: Women and Equalities Committee
Recommendation 10
Third report- Reform of the Gender Recognition Act
Published 21 Dec 2021
Paragraph 97
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 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.
From: Women and Equalities Committee, Third report- Reform of the Gender Recognition Act (HC 977), paragraph 97, 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.