Govt Response to WEC Select Cttee Report on GRA Reform

[Abitofalark]

The government's response to the House of Commons Select Committee - Women and Equalities Committee (WEC) - Inquiry into the government's proposals for reforming the Gender Recognition Act (GRA), has just been made public.

Here it is set out in handy reference form, with each numbered recommendation of WEC's report shown in bold and the government's response to that recommendation underneath.

publications.parliament.uk/pa/cm5802/cmselect/cmwomeq/129/report.html

That was really interesting - thanks for the the head up

Yes, interesting.

'28. Should a previous applicant’s circumstances subsequently change such that they wish to reverse their decision, they would be able to apply for a second GRC and submit a second statutory declaration to the Gender Recognition Panel. .'

So, presumably for £10 one can have a sort of 'gender holiday' as the opposite sex.

This is the direct link, it doesn't automatically download;

committees.parliament.uk/publications/9415/documents/161226/default/

I think it's really good that people can get a GRC going the other way (if they are going to exist at all). Detransitioners need provision.

I've just skimmed through it and in nearly all cases the government is sticking to its position as set out in Liz Truss's statement to Parliament in September 2020 and the EHRC response to the Select Committee in January 2021.

The emphasis is on the simplifications the government has already announced or made to the process, while at the same time adhering to the principle of the need for balance, rigorous procedures and healthcare. An exception, where it gave way, is the agreement to remove the word 'disorder' from the GRA. Generally it is holding the line, which I view as mostly a good thing, though not in the case of prisons or the NHS.

It has the upcoming conference very much in mind when setting its priorities:
" Safe to Be Me: A Global LGBT+ Conference will deliver on the UK’s twin international commitments: co-chair of the Equal Rights Coalition (ERC) alongside Argentina, extended until 2022, and co-chair of the European LGBTI Focal Points Network (EFPN) alongside Cyprus. The Minister for Women and Equalities has set out her top priorities including banning conversion therapy, delivering the Safe to Be Me conference; digitising the gender recognition certificate application process; and improving healthcare for trans people. We will set out further details on other policies in due course."

And again:

"Last year, before the Committee, the Minister for Women and Equalities set out her top LGBT policy priorities. The Government is committed to promoting and realising equality for LGBT people at home and abroad and we continue to be recognised as one of the top 10 countries in Europe for LGBT rights. We are making good progress towards delivering these priorities. We have run a public consultation on our plans to ban so-called conversion therapy; we are digitising the GRC application process, having already reduced the fee; and we are improving healthcare for trans people. In December 2021, the Government published the HIV Action Plan, whilst also announcing the end of the ban on HIV+ people joining the UK armed forces. We have also included action on so-called ‘chemsex’ in the new 10 Year Drugs Strategy, and deepened our understanding of LGBT homelessness in liaison with key stakeholders. We have announced a review into the impact of the historic ban on LGBT veterans and the extension in scope of the Disregard scheme. We will set out further details on other policies in due course and will always be happy to update the Committee on our progress."

GRC's aren't issued for detransition though, its a fudge. They have to prove they have dysphoria all over again. There was a post explaining it, I'll try to find the link.

Thank you for the link.

On prisons:

Preamble: ["21. Regarding safeguards (paragraph 96), the Equality and Human Rights Commission is currently looking to update its guidance on the workings of the single-sex exceptions in the Equality Act. These should not be confused with the requirements under the Gender Recognition Act. We refer to this further in our response to Chapter 3 below."]

On this I am not happy:

"22. Clear guidance is already in place for the specific example referenced by the Committee. The Ministry of Justice’s 2019 guidance on care and management of prisoners who are transgender3 provides a robust framework for assessing and determining the appropriate location of prisoners within the prison estate, including assessing both risks to, and from, prisoners. Over 90% of trans women prisoners are held in the men’s estate, and some are also held in specialist units. There have been no assaults or sexual assaults by trans women in the women’s prisons since MoJ strengthened the risk assessment framework in 2019."

On recommendation for guidance on when the sports exception can be used:

"42. In September 2021, the Sports Councils’ Equality Group published the Guidance for Transgender Inclusion in Domestic Sport4. The Sports Councils are currently working with a small number of sports to pilot some practical ways of using the Guidance, with the aim of then disseminating the learnings from the various approaches within the different sports. The National Governing Bodies (NGBs) involved in this pilot cover a broad range of sporting activity and the Sports Councils are confident at this time that the results will be translatable across the vast majority of other NGBs. The Sports Councils and the NGBs are committed to this for the next 6 months.

43. As such, the Government believes that time should be given to sports to consider the new guidance, to use the support being offered to them by the Sports Councils, and to allow the pilot work to conclude before deciding whether additional guidance is needed.

44. For the response of the EHRC, we refer to their letter to the Committee dated 28 January 2022."

Not good. I take this as another indication of the government's stance of not wanting to do anything - it won't go forward nor will it go back - in advance of this global conference.

GRC's aren't issued for detransition though, its a fudge. They have to prove they have dysphoria all over again. There was a post explaining it, I'll try to find the link.

Yes why would they have to prove they have dysphoria in their acquires gender?
Could it be that to allow them simply to cancel their GRC and resume living as their birth sex would admit to the primacy of SEX over Gender?

On the thorny issue of 'sex' and 'gender' terminology, we are deep into the thickets of other legislation and data collection:

Data:
" The appropriate collection and use of sex and gender statistics can help government deliver its services. The Government is working with the Office for National Statistics (ONS) and the Government Statistical Service (GSS) who have issued guidance on the collection of data on sex5 and gender6. Draft harmonised standards on gender identity data collection were also produced by GSS in June 20207. ONS and GSS are considering next steps on how to finalise these standards and guidance.

46. The Government Equalities Office continues to work with all relevant stakeholders in this space. We recommend that stakeholders adhere to the recommendations from the National Statistician’s Inclusive Data Taskforce, which states that ‘regularly collected (and also legally protected in England, Wales and Scotland) characteristics such as sex, ethnic group and disability status should continue to be comprehensively and appropriately recorded’8."

Legislation:
We have no plans to amend either the Equality Act 2010 or the Gender Recognition Act 2004. In terms of future legislative drafting, the Committee will wish to note that last year the Government committed to reviewing its approach to drafting legislation on subjects which prompt questions around language relating to sex and gender. As in the case of the Ministerial and other Maternity Allowances Act 2021, the most obvious area is legislation relating to pregnancy or childbirth, but there will, no doubt, be other related subjects where similar issues arise. Work on reviewing the approach will consider those as appropriate, as well as debates in both Houses arising from the passage of the 2021 Act and practices adopted in other English language legislatures.

48. In relation to wider documentation, references to sex and gender have developed over the years, and are often used in a context-specific way. In some contexts, for example much international and multilateral work, both terms can be and are used in relation to the rights of women and girls. Sometimes it would not be material to insist on a technical differentiation. Against this backdrop, we do not consider that it is necessary or proportionate to seek to revise all official documentation in this way."

@DomesticatedZombie

So, presumably for £10 one can have a sort of 'gender holiday' as the opposite sex.

Are we planning this for backdated pay awards?

This is worth keeping an eye on:

Recommendation 11: 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)

39. 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.

@tabbycatstripy

I think it's really good that people can get a GRC going the other way (if they are going to exist at all). Detransitioners need provision.

I remember a question about this in the 2018 consultation. IIRC I answered something along the lines that it should be possible to change back, but that there also should be rules regarding how many times and intervals to stop people with bad intentions changing identities at will.

@ResisterRex

This is worth keeping an eye on:

Recommendation 11: 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)

39. 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.

That's about disclosure of a GRA?

www.legislation.gov.uk/ukpga/2004/7/section/22

I wonder if this is tied into the EHRC's upcoming guidance on single sex spaces?

@Thelnebriati

GRC's aren't issued for detransition though, its a fudge. They have to prove they have dysphoria all over again. There was a post explaining it, I'll try to find the link.

the whole fecking thing is a fudge, really.

I think it is about disclosure, yes. It lists the offences if you disclose a person's GRC status. This is S22 of the GRA:

https://www.legislation.gov.uk/ukpga/2004/7/section/22

4 d, e, f of S22 look like in fact the courts CAN disclose GRC status where it's relevant. I'm sure there are examples of crimes where this is relevant to the crime and I'm equally sure the Bench Book could be revised.

3 a of S22 looks problematic for running a service.

Here's all of S22. It looks like the Secretary of State can say what is and isn't an offence?:

Prohibition on disclosure of information
(1)
It is an offence for a person who has acquired protected information in an official capacity to disclose the information to any other person.
(2)
“Protected information” means information which relates to a person who has made an application under section 1(1) and which—
(a)
concerns that application or any application by the person [F1under section [F24A,] [F34C, 4F,] 5(2)[F4, 5A(2)] or 6(1)] [F1under any other section of this Act], or
(b)
if the application under section 1(1) is granted, otherwise concerns the person’s gender before it becomes the acquired gender.
(3)
A person acquires protected information in an official capacity if the person acquires it—
(a)
in connection with the person’s functions as a member of the civil service, a constable or the holder of any other public office or in connection with the functions of a local or public authority or of a voluntary organisation,
(b)
as an employer, or prospective employer, of the person to whom the information relates or as a person employed by such an employer or prospective employer, or
(c)
in the course of, or otherwise in connection with, the conduct of business or the supply of professional services.
(4)
But it is not an offence under this section to disclose protected information relating to a person if—
(a)
the information does not enable that person to be identified,
(b)
that person has agreed to the disclosure of the information,
(c)
the information is protected information by virtue of subsection (2)(b) and the person by whom the disclosure is made does not know or believe that a full gender recognition certificate has been issued,
(d)
the disclosure is in accordance with an order of a court or tribunal,
(e)
the disclosure is for the purpose of instituting, or otherwise for the purposes of, proceedings before a court or tribunal,
(f)
the disclosure is for the purpose of preventing or investigating crime,
(g)
the disclosure is made to the Registrar General for England and Wales, the Registrar General for Scotland or the Registrar General for Northern Ireland,
(h)
the disclosure is made for the purposes of the social security system or a pension scheme,
(i)
the disclosure is in accordance with provision made by an order under subsection (5), or
(j)
the disclosure is in accordance with any provision of, or made by virtue of, an enactment other than this section.
(5)
The Secretary of State may by order make provision prescribing circumstances in which the disclosure of protected information is not to constitute an offence under this section.
(6)
The power conferred by subsection (5) is exercisable by the Scottish Ministers (rather than the Secretary of State) where the provision to be made is within the legislative competence of the Scottish Parliament.
[F5(6A)
The power conferred by subsection (5) is exercisable by the Department of Justice in Northern Ireland (rather than the Secretary of State) where the provision to be made could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).]
(7)
An order under subsection (5) may make provision permitting—
(a)
disclosure to specified persons or persons of a specified description,
(b)
disclosure for specified purposes,
(c)
disclosure of specified descriptions of information, or
(d)
disclosure by specified persons or persons of a specified description.
(8)
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Do you recall all the times in a film or TV drama where everything hinges on the point of the inviolability of the confessional?

It used to be all about Catholicism and the confessional. In later decades, this overlapped with the doctor patient contract of confidentiality.

Now we have the secular version of those ethical dilemmas.

Sex Matters 's open letter to Johnson and Truss bears close reading.

sex-matters.org/posts/single-sex-services/human-rights-campaigners-call-for-new-statutory-guidance-on-single-sex-services/

What did the WESC recommend re section 22 GRA?

There is no way to revoke a GR. at the moment! This was confirmed by the GRC & GRP Tribunals at the beginning of March and detransitioners have reported the same.

twitter.com/bayswatersg/status/1499404700021497859?s=21

[quote rogdmum]There is no way to revoke a GR. at the moment! This was confirmed by the GRC & GRP Tribunals at the beginning of March and detransitioners have reported the same.

twitter.com/bayswatersg/status/1499404700021497859?s=21[/quote]
God, it's like a terrible Joseph Heller novel.

I seem to be saying that a lot, lately.

Its not supposed to be revokable, its supposed to be for life. Thats why there's a 2 year process, and a panel. You could think of the 2 year process as the cooling off period.
The original GRC isnt revoked. The person doesn't detransition, they get issued with a new GRC. To do that they have to prove they have gender dysphoria, and apparently thats difficult the second time.

It’s not just difficult. It is impossible. Detransitioners have tried. There is no route back from a GRC despite what the Govt seems to think.

That is so sad for the detransitioners. I know it wouldn't help them all but not being able to obtain a GRC until you are 25 would make more sense.