Gender Recognition Reform (or not?)
Jun. 17th, 2020 03:39 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
lnrI wrote to my MP, the PM and the Government Equalities Office (ie Liz Truss) this week, as a result of the news from the Sunday Times that they are apparently planning to scrap the reform of Gender Recognition processes, and that they could be bringing in a "bathroom bill" that would prevent trans women from accessing women's toilets unless they have had genital surgery (and presumably also trans men from accessing men's toilets? Somehow this always gets glossed over!). Anyway, this is what I wrote:
The letters to the PM and Liz Truss were very similar. I've not yet heard back from either PM or MP, but the Equalities Office have sent me a FAQ, which I share below:
Gender Recognition Act
What changes will the Government be making to the Gender Recognition Act 2004?
Changes to the Gender Recognition Act 2004 are intended to make the process of applying for a gender recognition certificate less bureaucratic. The exact details of what this entails will be published in our response.
We have seen recent coverage on 14 June 2020 in the Sunday Times about the GRA consultation response - are the details of that coverage correct?
We intend to publish our response to the consultation before Summer Recess, which begins on 21 July 2020.
The Minister for Women and Equalities has also made clear that she will be bringing forward plans to end conversion therapy shortly.
The Minister has said that it is important to maintain “proper checks and balances” when considering reforms to the Gender Recognition Act. What does this mean?
We believe that the process of legally changing one’s gender is a serious and legally meaningful undertaking which requires appropriate checks and a level of formality. We are carefully planning any changes to the Gender Recognition Act so that they can have a positive impact on transgender people who live in the UK, whilst remaining a serious and meaningful undertaking.
Equality Act 2010 exemptions for single-sex service provision
How do the Equality Act 2010 exemptions for single-sex service provision work?
The Equality Act requires people providing services to the public to do so without discriminating against people because of their sex or because of their 'gender reassignment'. Exceptions in the Act alllow provision of services to one sex only (for example men’s or women’s toilets or changing rooms).
Exceptions in the Act also allow for the exclusion of transgender people from single-sex facilities where this is necessary and proportionate .
The Minister for Women and Equalities recently gave evidence to the Women and Equalities Select Committee in which she referred to single-sex spaces. What did those comments mean?
During the consultation on the GRA which we ran in 2018, we asked how any changes to the act might affect women, providers of single-sex services, transgender people themselves, and other groups. Some people raised concerns that some men might misuse a gender recognition certificate to access women’s spaces to harm women.
In this context, the Secretary of State’s comments at the Women and Equalities Select Committee were intended to reiterate the importance of maintaining single-sex spaces, as provided for in the Equality Act. If any changes were to be made to the Act – as with all legislation – they would go through the appropriate processes of engagement.
Will the Government be amending the single-sex exemptions in the Equality Act?
We know that some stakeholders have highlighted a desire for greater clarity from the Government about the law and guidance on single-sex spaces. We are looking into how we might provide greater clarity in this area as part of Government’s response to the Gender Recognition Act consultation.
Healthcare for transgender people
What steps is the Government taking to improve healthcare for transgender people?
This Government is committed to improving services for those undergoing gender reassignment and to challenging transphobia in the NHS.
NHS England have funded the development of specialised training through the Royal College of Physicians’ accredited credential on trans health, aimed at encouraging medical and non-medical professionals (including nurses) to work in gender identity services.
The Government Equalities Office have appointed Dr Michael Brady, of Kings College Hospital, to be the first National LGBT Health Adviser. Dr Brady is focusing on improving the health outcomes for the LGBT population and is advising on ways to improve the care LGBT people receive when accessing the NHS and public health.
Is anything being done to address the long waiting times for gender identity services?
We are aware that the current waiting times for gender identity services are unacceptable. NHS England are working to improve this by establishing a more modern and flexible care model, and by moving routine gender identity services away from specialist centres, to more local provision.
Will the Government be restricting healthcare for transgender young people when it responds to the Gender Recognition Act consultation?
Healthcare for young transgender people does not fall within the scope of reform of the Gender Recognition Act. The Minister for Women and Equalities has stated, as a separate matter, that we also wish to ensure under-18s continue to be protected from taking life-changing decisions before they are capable.
We are clear that protecting young people is about ensuring the appropriate processes are in place, rather than withholding support, and we will be exploring what this means with the Department for Health and Social care who lead in this area. We are absolutely committed to making sure all young people have access to appropriate and timely psychological and medical support. The wellbeing of all young people is our priority.
The current minimum age limit for legally changing gender is 18 years, which is set out in the GRA itself, and will not be changed.
I am concerned that any potential restrictions to healthcare and access to single-sex spaces will have a detrimental effect on the mental health of transgender people, and may lead to an increase in suicide attempts. What is being done to protect mental health?
We know that transgender young people are more likely to experience poor mental health than people who are not transgender. The wellbeing of all young people is our primary concern. We are taking action to improve mental healthcare for LGBT people and we are working with DHSC to develop plans for reducing suicides amongst the LGBT population.
Will the Minister for Women and Equalities speak to both transgender health experts and children’s rights experts before making any decisions around access to healthcare?
Yes. We are clear that protecting young people is about ensuring the appropriate processes are in place, rather than withholding support, and we will be exploring what this means with the Department for Health and Social care who lead in this area.
Detailed discussions will take place with DHSC, NHS England, DfE and other relevant experts, and more information will be available in due course.
Clinicians should continue to provide support to people accessing Gender Identity Clinics and the Gender Identity Development Service in the same way as they have done till now - based on clinical need.
Is the Government conducting research into the rise in the number of young people referred to the Gender Identity Development Service in recent years?
We are aware that the Tavistock and Portman NHS Foundation has seen an increasing number of individuals, particularly natal born females, referred to its Gender Identity Development Service in recent years.
We are exploring this, along with a number of other healthcare issues, as part of a wider piece of work rather than as one issue in isolation.
The GIDS is the responsibility of the NHS. Like all trusts, the Tavistock and Portman NHS Foundation Trust (running the GIDS) is subject to CQC inspections, monitoring and regulation. The Department of Health and Social Care is committed to ensuring thorough accountability and oversight.
I am not terribly hopeful at this point that the government is not in fact going to make it harder for trans people to access appropriate spaces for their gender - and that the definition of "necessary and proportionate" exclusions is going to be one that is argued over for years to come.
Dear Mr Browne,
I am writing, again, about the rights of trans people. I expressed my concern over comments from Liz Truss and Baroness Nicholson a few weeks ago, and was assured you were taking advice and would respond once you have clarification. I now see from the Sunday Times that the government has rejected plans to reform the Gender Recognition process and is proposing instead to roll back existing rights for trans people in the name of protecting rights for women. In particular the idea of preventing pre-operative trans people from using the toilets that match their lived gender is unworkable, and will have unfortunate consequences.
If enforced, it will mean that the ladies toilets admits pre/non-operative trans men, but I don't think they'll like it, and nor will the cis women who now find bearded gentlemen frequenting their space. It will mean the most vulnerable trans women having to use the male toilets, at the very substantial risk of being attacked.
In practice it means non/pre operative trans people not being able to use public facilities at all. That's a severe curtailment of liberty, because everyone has to go multiple times a day. You can't spend a day out shopping, or go to the cinema, or the pub, if you cannot safely relieve yourself.
It means creating second class citizens of pre/non operative trans people.
It also means that cis people whose gender presentation is non-normative can expect harassment when they go to the loo. This is not theoretical, it has happened many times in US states that have enacted "bathroom bills".
I strongly hope that the Sunday Times has misunderstood or misrepresented these proposals, but I am pleading, as a cis woman, *please* do not allow this to be enacted for my supposed safety. I do not want it and I do not need it and I deplore it.
I note I will also be writing to the PM and Liz Truss.
Yours Sincerely,
Eleanor Blair
The letters to the PM and Liz Truss were very similar. I've not yet heard back from either PM or MP, but the Equalities Office have sent me a FAQ, which I share below:
Gender Recognition Act
What changes will the Government be making to the Gender Recognition Act 2004?
Changes to the Gender Recognition Act 2004 are intended to make the process of applying for a gender recognition certificate less bureaucratic. The exact details of what this entails will be published in our response.
We have seen recent coverage on 14 June 2020 in the Sunday Times about the GRA consultation response - are the details of that coverage correct?
We intend to publish our response to the consultation before Summer Recess, which begins on 21 July 2020.
The Minister for Women and Equalities has also made clear that she will be bringing forward plans to end conversion therapy shortly.
The Minister has said that it is important to maintain “proper checks and balances” when considering reforms to the Gender Recognition Act. What does this mean?
We believe that the process of legally changing one’s gender is a serious and legally meaningful undertaking which requires appropriate checks and a level of formality. We are carefully planning any changes to the Gender Recognition Act so that they can have a positive impact on transgender people who live in the UK, whilst remaining a serious and meaningful undertaking.
Equality Act 2010 exemptions for single-sex service provision
How do the Equality Act 2010 exemptions for single-sex service provision work?
The Equality Act requires people providing services to the public to do so without discriminating against people because of their sex or because of their 'gender reassignment'. Exceptions in the Act alllow provision of services to one sex only (for example men’s or women’s toilets or changing rooms).
Exceptions in the Act also allow for the exclusion of transgender people from single-sex facilities where this is necessary and proportionate .
The Minister for Women and Equalities recently gave evidence to the Women and Equalities Select Committee in which she referred to single-sex spaces. What did those comments mean?
During the consultation on the GRA which we ran in 2018, we asked how any changes to the act might affect women, providers of single-sex services, transgender people themselves, and other groups. Some people raised concerns that some men might misuse a gender recognition certificate to access women’s spaces to harm women.
In this context, the Secretary of State’s comments at the Women and Equalities Select Committee were intended to reiterate the importance of maintaining single-sex spaces, as provided for in the Equality Act. If any changes were to be made to the Act – as with all legislation – they would go through the appropriate processes of engagement.
Will the Government be amending the single-sex exemptions in the Equality Act?
We know that some stakeholders have highlighted a desire for greater clarity from the Government about the law and guidance on single-sex spaces. We are looking into how we might provide greater clarity in this area as part of Government’s response to the Gender Recognition Act consultation.
Healthcare for transgender people
What steps is the Government taking to improve healthcare for transgender people?
This Government is committed to improving services for those undergoing gender reassignment and to challenging transphobia in the NHS.
NHS England have funded the development of specialised training through the Royal College of Physicians’ accredited credential on trans health, aimed at encouraging medical and non-medical professionals (including nurses) to work in gender identity services.
The Government Equalities Office have appointed Dr Michael Brady, of Kings College Hospital, to be the first National LGBT Health Adviser. Dr Brady is focusing on improving the health outcomes for the LGBT population and is advising on ways to improve the care LGBT people receive when accessing the NHS and public health.
Is anything being done to address the long waiting times for gender identity services?
We are aware that the current waiting times for gender identity services are unacceptable. NHS England are working to improve this by establishing a more modern and flexible care model, and by moving routine gender identity services away from specialist centres, to more local provision.
Will the Government be restricting healthcare for transgender young people when it responds to the Gender Recognition Act consultation?
Healthcare for young transgender people does not fall within the scope of reform of the Gender Recognition Act. The Minister for Women and Equalities has stated, as a separate matter, that we also wish to ensure under-18s continue to be protected from taking life-changing decisions before they are capable.
We are clear that protecting young people is about ensuring the appropriate processes are in place, rather than withholding support, and we will be exploring what this means with the Department for Health and Social care who lead in this area. We are absolutely committed to making sure all young people have access to appropriate and timely psychological and medical support. The wellbeing of all young people is our priority.
The current minimum age limit for legally changing gender is 18 years, which is set out in the GRA itself, and will not be changed.
I am concerned that any potential restrictions to healthcare and access to single-sex spaces will have a detrimental effect on the mental health of transgender people, and may lead to an increase in suicide attempts. What is being done to protect mental health?
We know that transgender young people are more likely to experience poor mental health than people who are not transgender. The wellbeing of all young people is our primary concern. We are taking action to improve mental healthcare for LGBT people and we are working with DHSC to develop plans for reducing suicides amongst the LGBT population.
Will the Minister for Women and Equalities speak to both transgender health experts and children’s rights experts before making any decisions around access to healthcare?
Yes. We are clear that protecting young people is about ensuring the appropriate processes are in place, rather than withholding support, and we will be exploring what this means with the Department for Health and Social care who lead in this area.
Detailed discussions will take place with DHSC, NHS England, DfE and other relevant experts, and more information will be available in due course.
Clinicians should continue to provide support to people accessing Gender Identity Clinics and the Gender Identity Development Service in the same way as they have done till now - based on clinical need.
Is the Government conducting research into the rise in the number of young people referred to the Gender Identity Development Service in recent years?
We are aware that the Tavistock and Portman NHS Foundation has seen an increasing number of individuals, particularly natal born females, referred to its Gender Identity Development Service in recent years.
We are exploring this, along with a number of other healthcare issues, as part of a wider piece of work rather than as one issue in isolation.
The GIDS is the responsibility of the NHS. Like all trusts, the Tavistock and Portman NHS Foundation Trust (running the GIDS) is subject to CQC inspections, monitoring and regulation. The Department of Health and Social Care is committed to ensuring thorough accountability and oversight.
I am not terribly hopeful at this point that the government is not in fact going to make it harder for trans people to access appropriate spaces for their gender - and that the definition of "necessary and proportionate" exclusions is going to be one that is argued over for years to come.
no subject
Date: 2020-06-17 11:56 pm (UTC)no subject
Date: 2020-06-18 08:41 am (UTC)no subject
Date: 2020-06-18 11:43 am (UTC)I actually find that FAQ somewhat comforting given some of the things I've been worrying about. I agree that the likely battleground on this is "necessary and proportionate", and my strong suspicion is that they are going to give guidance on that that expands it. (I also suspect that it will be 'guidance on interpretation' not 'legal change of the Act', certainly not if that's the only thing they're doing with the Equality Act, because you can do that without going through Parliament and also it's harder to get people who aren't directly involved worked up about 'changes in guidance' especially when you can make them *sound* very much like not that big of a change and you have to be really knowledgeable about the area to understand what the differences are. Based on the recent changes to home education guidance.)
no subject
Date: 2020-06-18 12:44 pm (UTC)I find the FAQs a bit reassuring - although it sounds a little bit as though the minister went off-piste with the messaging and the GEO is trying to haul her back.
and presumably also trans men from accessing men's toilets? Somehow this always gets glossed over!
Yes! I really don't think they really want women's toilets full of trans men, even if they think they do.
no subject
Date: 2020-06-18 12:44 pm (UTC)no subject
Date: 2020-06-18 01:12 pm (UTC)