This response arrived this week from Ed Davey, my MP:
Thank you for writing to me asking me to attend a meeting to listen to a presentation from an organisation called Fair Play for Women, on the possible reform of the Gender Recognition Act.
Regrettably I was unable to attend. I have however been listening to different sides of the debate and trying to develop my own thinking, given this raises issues and principles I had not previously considered.
My party - the Liberal Democrats - have been considering the matter in formal policy groups, so I thought I should at least share the positions my party have reached to date - albeit, I myself need to reflect and listen further.
However, let me set out where the party seems to be.
Liberal Democrats have formally welcomed the discussion around the GRA, as it is designed to address genuine concerns and further greater understanding.
The Gender Recognition Act currently allows transgender people to have their lived-in gender legally recognised. Issues such as access to gender-restricted spaces and services are covered under the Equality Act, which incorporates much case law from the last 30 or so years.
However, the current proposal, as you say, seeks to go further and allow self-identification - something that various groups have raised concerns about, arguing, for example, that this could potentially place the rights of self-identifying transgender people in conflict with the rights of others, particularly women.
Liberal Democrats have set out first that only respectful and evidence-based discussion can resolve any conflicts - perceived or otherwise. We have noted that while it is absolutely true that women often struggle to have their voices heard, it is similarly true for transgender people who often find themselves the subject of ill-informed and misleading comment.
One possible starting point is the Equality Act. This along with various public order offences govern access to gender-segregated spaces and services. Any request to exclude transgender women from women-only spaces must be justified under that law.
One additional factor being raised is that transgender women also experience sexual abuse and domestic violence, and already access appropriate women’s services to assist them. Such services assess the risk any possible service user poses. Any woman, whether transgender or not, can be excluded from such services if they are deemed to place themselves, other service users or providers at risk. Given the lack of incidents involving transgender women in women-only spaces, there has to be strong case to change the existing law.
The publication of the all-party Women and Equalities Select Committee’s report on self-identification has led to some concerns - but it is only a report: it did not change the Equality Act nor any of the exemptions legally allowed. It was partly an exercise in gathering evidence and opinion. Like others, it has found that in countries such as Ireland, Norway, Malta and Denmark, there have been no reported adverse effects of a self-declaration process.
Liberal Democrats understand that the government intends its consultation on reform of the Gender Recognition Act to involve discussions with interested and affected groups, which will include women’s groups. Women have not been and will not be silenced during this process, Liberal Democrats will ensure this continues to be the case.
The number of transgender women is relatively small compared to the number of women overall, so it is unlikely there will be any substantial effect on data recording. It is the Equality Act that covers the concept of perception, so that if discrimination occurs on the basis that someone is perceived as a woman, then this counts as sex-based discrimination.
The current gender recognition process has been identified as cumbersome and costly, as well as demeaning to transgender people – they never meet the panel and there is no right of appeal. Other identity documents, such as passports and driving licences, have been obtained by self-declaration of gender for decades. The recommended changes cut an anonymous, bureaucratic process and give some dignity back to transgender people.
Whether by righting past wrongs, protecting citizens, or increasing freedom, Liberal Democrats believe that legislation defending rights and liberties protects individuals and drives opportunity for many under-represented groups. Liberal Democrats will continue to fight for the rights of these groups, including the rights of all women.
So the thinking in the party is certainly moving towards embracing some version of self-identification - though we are keen to see what the Government consultation reveals and what measures Ministers eventually propose.
I am conscious of my own responsibility to study this issue more closely before rushing to a judgement.
Therefore I am pleased you have contacted me about this - and would welcome any further comments.
Yours,
Ed Davey
Rt Hon Sir Edward Davey
MP Kingston and Surbiton (Liberal Democrat)