Update email on GRA reform from the GEO

[gardenbird48]

Received this today - am I going mad or does Pt 10 directly contradict Pt 8??

I don’t think they absolutely contradict one another. However, I think the implication is back to what was previously argued, that people who claim to be the opposite sex can only be excluded on a case by case basis. This does not fit with the clarification from before, that it is the service that can exclude all people claiming to be the opposite sex, if there’s sufficient reason.

The law is as clear as mud, and the promised clarification on single-sex spaces that was promised has not been provided.

Case-by-case has previously been clarified as meaning a particular set of circumstances, and not - as some have stated - evaluation on a person-by-person basis.

You are not going mad, they are trying to placate both sides without actually doing anything.

It doesn't matter in the slightest what Truss says about single sex spaces, unless she legislates otherwise then the interpretation of the Equality Act is down to the courts. As such the Government cannot advise organisations or businesses to do something which may leave them vulnerable to being successfully sued. The problem is Truss pretended she was going to do something about access to single sex spaces but she hasn't, so they are being deliberately vague in an attempt to present it as if she had. A bit like she's pretending to trans people that there will be new healthcare provision when in reality the new clinics had already been announced and are already being implemented.

The email contradicts itself. A service can be single sex or single gender, it cannot be both. If it is single gender then the group who has the protected characteristic of sex is being discriminated against.

'Sex' has already been defined as chromosomes and genitals by the courts. How many times do we have to take services to court to have our existing legal rights enforced?

@WootMoggie

Case-by-case has previously been clarified as meaning a particular set of circumstances, and not - as some have stated - evaluation on a person-by-person basis.

I thought so and that is not clear here at all. .

Some of the Frequently Asked Questions seemed to be rather critical in nature 6. Are you concerned that not moving towards a system of self-identification means that the UK will no longer be seen as an international leader on LGBT Equality? for example and 4. There have been reports that the consultation on the GRA found that respondents were in favour of extensive GRA reform. Is this accurate?

It is the last sentence in Pt. 10 that I find most concerning though We do not have any intention to ban transgender people from single-sex spaces, which we know many have used for years without issue.

I think the evidence would beg to differ on that point.

We do not have any intention to ban transgender people from single-sex spaces, which we know many have used for years without issue.

Hmm-purposefully conflating. Transgender people who are women - but don’t identify as such - have every lawful right to female single sex spaces. Because that would be discrimination based on gender reassignment and not sex. Thinking particularly prison, homeless shelters etc.

They really need to update themselves in the EA (10) exemptions and the specific examples given - hospital wards, counselling sessions for DV survivors and facilities where a member of the opposite sex would reasonably object.

Are you concerned that not moving towards a system of self-identification means that the UK will no longer be seen as an international leader on LGBT Equality?

Yeah - right. More biased gaslighting.

sorry, just to be clear There have been reports that the consultation on the GRA found that respondents were in favour of extensive GRA reform. Is this accurate? - this was just a question that they were responding to that I gave as an example of the tone of some of the Frequently asked Questions they are responding to in the email.

Their response did explain that they had to consider carefully all contributions received and that they think the law doesn't need changing (this was all reflected in Liz Truss's statement on the GRA in the commons a few weeks ago.

I read it as transgender people can make pragmatic choices about which facilities they use (as they do currently) but if there are problems with that, service providers can use the Equality Act to enforce single sex.
But it's open to a fairly wide range of interpretation.

So, nothing has changed, just a bit of re-emphasis?? I sent Liz Truss a bloody card

I thought maintaining the status quo was essentially with Liz Truss had announced but with a reminder that single sex exemptions exist, are lawful and can be used

Are you concerned that not moving towards a system of self-identification means that the UK will no longer be seen as an international leader on LGBT Equality?

Nope, the opposite in fact. High time some countries started standing up for their lesbian and gay citizens instead of allowing influential lobby groups to claim that homosexuality is an "attraction towards people of the same gender" with all the confusion and misery that brings to all directly concerned.

Do you have a direct link to this OP?

I think it's saying that the Government itself isn't looking to ban trans people from SS spaces, but recognises providers may need to and are able to.

They don't want to touch this with a barge-pole, because whatever they say will piss off one side. I suspect they are very happy to leave this for Ann Sinnot's judicial review to clarify.

I also think the lack of clarity is one reason there's so much hostility. Nobody really knows what the law is, because the application and advice is unclear and so everyone feels their rights are being trampled upon.

Fleegle - Full text cut and pasted from the email:

Dear
Thank you for your correspondence about this extremely important issue. I am replying on behalf of the Minister for Women and Equalities. The consultation on the Gender Recognition Act 2004 has instigated a robust debate, with strongly held views on all sides.

Since this consultation closed, a considerable amount of work has gone into analysing the responses, meeting with a diverse range of organisations to hear as many views as possible and deciding what our next steps must be.

This Government wants transgender people to be able to live their lives as they wish. Legally changing one’s gender is a serious and meaningful undertaking. As set out in our recent announcement, the current system provides appropriate requirements that allow those who wish to legally change their gender to do so. We will therefore not be changing the existing legislation.

We will, however, ensure that applying for a Gender Recognition Certificate (GRC) is as straightforward and dignified as possible. We will be digitising the process and reducing the fee to relieve the administrative and financial burdens on transgender people applying for a GRC.

We are currently dealing with an extremely high volume of enquiries about the Gender Recognition Act. In addition, our continued work on the Government’s response to the COVID-19 pandemic continues to impact on our wider priorities.

Given this, we have produced a ‘Frequently Asked Questions (FAQ)’ document to reply to correspondence on these topics. We hope that you might find the answers to your questions in this FAQ. It is not exhaustive, and if you do not find this FAQ helpful in answering your questions or addressing the issues you raise, then please do contact us again.

Thank you for your patience.

Kind regards,
Government Equalities Office.

FAQs

Gender Recognition Act

1.What changes will the Government be making to the Gender Recognition Act 2004?

The Government has taken time to consider the issues raised and has decided that the current legislative system works to support people in changing their legal gender, whilst keeping the right checks and balances in place.

However, we also wish to make the process of applying for a gender recognition certificate more accessible. To address this issue, we will look to digitise to streamline the current paper-based application process and remove the administrative burden on individuals wishing to change gender.

We will also remove the financial burden on transgender people applying for a GRC by reducing the fee to a nominal amount.

1. Is the Government scrapping GRA reform?

After reviewing the legislation and consultation responses, the Government is confident that the current legislation ensures people who wish to change their legal gender can do so. We are committed to ensuring that transgender people can live the lives they wish whilst maintaining appropriate checks and balances in the system. Digitising the system and reducing the fee will help to address barriers to accessibility.

1. You said you would announce next steps on the GRA before Summer Recess. Why is this no longer happening?

We have carefully considered the responses to the consultation, both from those calling for reform and those arguing for the retention of safeguards. We have also continued to engage with experts on possible changes to the process and the evidential requirements.

We acknowledge that it has been a long time since the consultation closed, but this Government has been clear that we want to get our decisions on the GRA right: we understand the impact these decisions have on people’s lives. We have taken time to fully consider the views and concerns raised through the consultation. We are also fighting a global pandemic and this has created pressures on all departments.

1. There have been reports that the consultation on the GRA found that respondents were in favour of extensive GRA reform. Is this accurate?

As a government, we had the responsibility to consider carefully all the contributions received and to ensure we properly address all the views expressed and concerns raised.

Taking everything into consideration, this government does not believe in moving towards a model of self-identification. Changing one’s legal gender is not a decision to take lightly and we need appropriate safeguards in place to support this process.

1. Other countries have moved towards a system of self-identification. Why is the UK not doing so?

The previous Government sought views on how to make the process less bureaucratic and intrusive. Having listened to a wide range of views, this Government does not wish to move towards a process of self-ID. We wish to ensure that transgender people can live the lives they wish whilst maintaining appropriate checks and balances in the system. We believe that maintaining the existing system strikes the right balance.

1. Are you concerned that not moving towards a system of self-identification means that the UK will no longer be seen as an international leader on LGBT Equality?

This Government is committed to supporting LGBT people here in the UK and across the globe. The UK continues to be recognised as one of the most progressive countries in Europe for LGBT rights by ILGA-Europe.

The UK has accomplished a huge amount domestically and internationally; not least through introducing marriage for same-sex couples; appointing a National LGBT health adviser; and tackling bullying of LGBT people in schools. These are important steps in improving outcomes for LGBT people in the UK.

On the global stage, the UK is proud to be co-chair of the Equal Rights Coalition (ERC) alongside Argentina. We have ambitious plans for our tenure including the delivery of a UK-led strategy that seeks to re-energise the work of the ERC to ensure it meets its considerable potential.

Our election manifesto also set out our commitment to deliver an international LGBT rights conference. Unfortunately, the global spread of Covid-19 meant that we postponed this event. We are looking at options to safely deliver on this commitment.

Taken together, all of this means the UK will have left a profound legacy on advancing LGBT rights around the world.

1. How does the Government plan to improve the lives of transgender people?

in Health?

This Government is committed to ensuring transgender people receive the care and support they need when accessing health services. That is why over the last few years, we have increased funding for specialised gender services by 50%. The NHS are also establishing 3 new gender clinics over 2020/21. The first of these was opened by the Chelsea and Westminster NHS Foundation Trust in July. The second of these will be delivered by the Merseycare NHS Foundation Trust this Autumn, and planning is underway to establish similar services in other parts of the country.

These new services will initially be provided to those who are already on a waiting list. The opening of these three clinics will lead to a reduction of around 1,600 patients waiting by 2022. The increases in clinical capacity will lead to greater patient choice, shorter waiting times, better geographical coverage and easier access.

in Education?
We want everyone, regardless of their sex, sexual orientation or gender identity, to have the confidence to be themselves. This also applies in schools. Since 2016, we have invested £4m to support schools in preventing and addressing bullying of LGBT students - reaching 2250 schools in England.
The Government Equalities Office is currently evaluating this programme to increase our evidence base on what works in schools, and, in June, the Department for Education announced it was extending its anti-bullying programme until March next year.

against Hate Crime?
We want to tackle all forms of hate crime, including transphobic hate crime. Government has asked the Law Commission to review the coverage and effectiveness of current hate crime legislation, which includes exploring whether transphobic hate crime should be considered an aggravated offence. We will work with the Ministry of Justice and the Home Office to ensure that those who commit these hateful attacks feel the full force of the law.

Equality Act 2010 exceptions for single-sex service provision

1. How do the Equality Act 2010 exceptions 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 allow provision of services to one sex only (for example men’s or women’s toilets or changing rooms) and transgender people, even those with a GRC, can be excluded from those spaces if this is justified.

It is important that service providers can be confident in their ability to use these exceptions and know that the law is on their side.

1. Will the Government be amending the single-sex exemptions in the Equality Act?

The Government was very clear from the outset that the Equality Act and its exceptions would not be amended as part of any changes to the GRA.

The Equality Act 2010 provides crucial protections for single-sex spaces and these will be kept in place. We have no plans to roll back the rights of transgender people.

10. Will transgender people be able to select facilities and services - such as toilets and changing rooms - which are appropriate to their gender?

Yes. Statutory guidance on facilities and services states that it is best practice to assume that all people select the facilities or service appropriate to their gender. This is a pragmatic and necessary starting point. If a service provider finds, in certain cases, that they have a legitimate reason to exclude a transgender person from a service or to offer them a different service, the Equality Act allows for this as long as it is justified.

We do not have any intention to ban transgender people from single-sex spaces, which we know many have used for years without issue.

Healthcare for transgender people

11. What steps is the Government taking to improve healthcare for transgender people, including addressing the long waiting times at gender identity clinics?

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.

In April 2019, we appointed Dr Michael Brady to be the first National LGBT Health Adviser to help improve transgender patients’ experience. Dr Brady has worked to tackle health inequalities, improved data collection, and hosted the first National NHS LGBT Health conference.

12. 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.

13. 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 the available evidence on mental health for transgender people tends to suggest a high occurrence of mental health problem. This Government is committed to ensuring children and young people are able to access appropriate and timely psychological and medical support. We are taking action to improve mental healthcare for LGBT people and DHSC is developing plans to reduce suicides in the LGBT population.

14. 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. As stated above, we will be exploring how best to protect young people and our objective is about ensuring the appropriate processes are in place 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.
(Contd)

(From above)

Is the Government conducting research into the rise in the number of young people referred to the Gender Identity Development Service in recent years?

Dr Hilary Cass, OBE, is leading an independent review into gender identity services for children and young people. The review will examine the recent rise in the number of children seeking treatment and include how care can be improved for children and young people. It will also cover how and when they are referred to specialist services and how healthcare professionals support and care for patients with gender dysphoria

Non-Binary

Will the Government be introducing recognition for non-binary people?

We are aware that there seem to be an increasing number of people who identify as neither exclusively male nor female. This Government believes that everyone should be treated with dignity and respect. We are developing our understanding of non-binary identities.

Education

What do new Relationships and Sex Education guidelines say about gender identity?

Schools should ensure that ‘Relationships and Sex Education’ is inclusive and meets the needs of all young people.

The intention is that through these subjects, children will be taught about the importance of respectful relationships and the different types of loving and healthy relationships that exist. This can be done in a way that respects everyone’s views and meets the needs of all pupils.

The statutory guidance states schools should ensure that all of their teaching is sensitive and age appropriate in approach and content. At the point at which schools consider it appropriate to teach their pupils about LGBT, they should ensure that this content is fully integrated into their programmes of study for this area of the curriculum rather than delivered as a standalone unit or lesson. Schools are free to determine how they do this, and we expect all pupils to have been taught LGBT content at a timely point as part of this area of the curriculum.

Do parents have a say over what their child is taught?

Schools will be required to consult with parents when developing and reviewing their policies. Schools should listen to parents’ views, and then make a reasonable decision as to how they wish to proceed.

Parents will have the right to request their child be withdrawn from sex education delivered as part of RSE (but not from sex education within the national curriculum).

Government Equalities Office
Correspondence Team
@WomenEqualities | www.gov.uk/geo

Thank you gardenbird!

Some interesting omissions in their summary of education law. But then this is the regulatory captured government equalities office so that's only to be expected.

Placemarking