Source · Select Committees · Women and Equalities Committee
Recommendation 18
18
Not Addressed
Section 22 of the Gender Recognition Act is important.
Recommendation
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 prosecution has been brought under this section so far. We are concerned to hear about the fears many working in an official capacity have in relation to this provision, and we are not convinced that in all cases those handling GRC’s should be subject to criminalisation where mistakes could be made. We recommend that the Government amends section 22 of the Gender Recognition Act to ensure that only cases where there is evidence that the disclosure was deliberate and knowing, are covered. (Paragraph 141) The Equality Act 2010 and its interaction with the Gender Recognition Act 2004
Government response summary AI-generated
The government's response did not address the recommendation to amend Section 22 of the Gender Recognition Act to cover only deliberate and knowing disclosures. Instead, it reiterated its view that the overall diagnosis requirements in the GRA are robust and appropriate.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Not Addressed
HM Government · verbatim extract
Not Addressed
We do not consider that it is necessary to amend section 22 of the GRA in the way recommended by the Committee as this would require primary legislation. However, it has been brought to our attention that section 22 may interfere with some professions and organisations in management of trans service users. We are consulting with other Government departments to identify if any changes are necessary.
Read the full response on Parliament ↗