Select committee: Women and Equalities Committee
Recommendation 21
Third report- Reform of the Gender Recognition Act
Published 21 Dec 2021
Paragraph 170
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)
Guidance on the application of the sports exception continues to be confused and inadequate, leaving many sports providers feeling unclear about its application. The Sports Council Equality Group has produced some guidance to try and bridge this gap. However, both the Government Equalities Office and Equality and Human Rights Commission have a responsibility to provide clarity in this area. We recommend that the EHRC and GEO work with the Sports Council Equality Group to publish supplementary guidance that clearly and correctly addresses some of the main concerns sporting bodies have in relation to this exception, including under what circumstances it is acceptable to use the sports exception. We believe it is absolutely essential that the integrity of women’s sport is maintained and not compromised, and that nothing should happen in this space which would undermine that. In addition, 76 Reform of the Gender Recognition Act the EHRC and GEO must work with trans rights groups and sports providers to develop clear, evidence-based guidance with practical examples for how to facilitate trans and gender non-conforming inclusive spaces in sports.
From: Women and Equalities Committee, Third report- Reform of the Gender Recognition Act (HC 977), paragraph 170, 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.