Select committee: Women and Equalities Committee
Recommendation 11
Third report- Reform of the Gender Recognition Act
Published 21 Dec 2021
Paragraph 104
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)
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 The requirement also risks entrenching outdated and unacceptable gender stereotypes.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.
From: Women and Equalities Committee, Third report- Reform of the Gender Recognition Act (HC 977), paragraph 104, 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.