Peter Taylor
Incumbent LibDem
Dear (First name),
I understand that you have also written to my colleague (local candidate), so please see below response from both of us in relation to your email regarding the issue of sex and gender.
The Liberal Democrats exist to build and safeguard a fair, free and open society, in which we seek to balance the fundamental values of liberty, equality and community. We champion the freedom, dignity and well-being of individuals, and we reject all forms of prejudice and discrimination.
We are committed to tackling violence by men against women and girls, which is far too prevalent in our society. We have been campaigning hard for misogyny to be made a hate crime; for the Government to ratify the Istanbul Convention and uphold internationally-agreed standards for preventing violence against women and supporting survivors; to improve age-appropriate sex and relationship education in schools; and to ensure better training and more resources for police, prosecutors and judges – so survivors are listened to and supported, criminals are punished, and victims get justice.
We are committed to fighting for both gender equality and equality for all LGBT+ people. For most people, their gender matches their physical sex at birth, but there are hundreds of thousands of trans people for whom that is not the case, and I believe we must respect their identities too.
Liberal Democrats believe we must ensure the safety, dignity and wellbeing of all people. We are committed to upholding women’s rights and trans rights, and do not believe that the two are in conflict.
That is demonstrated by the Equality Act 2010, which makes it unlawful to discriminate against someone on the basis of any of a list of protected characteristics, including both sex and gender reassignment.
The Act sets out certain exceptions where differentiated treatment is permitted, including in relation to single-sex services, sports, and the selection of candidates by political parties. However, there is considerable debate and uncertainty for people over the use of these exceptions.
Liberal Democrats believe that individuals and service providers should be given more clarity over how to make decisions that are often very difficult and sensitive. The Government should publish clear and comprehensive guidance on the use of single-sex and separate-sex exceptions under the Act, using worked examples and case studies from organisations providing these services.
The aim of that guidance should be to ensure that everyone who needs single-sex services – such as survivors of sexual violence or domestic abuse – can access them safely, to prevent unjustified discrimination against trans people, and to provide clarity and certainty to service providers and the public. It should be produced in consultation with those most likely to be affected, including women who have experienced sexual violence or domestic abuse, trans people and providers of single-sex services.
When it comes to sports, Liberal Democrats believe that it should be for each sporting body to balance three priorities in relation to their own sport: safety, fairness and inclusion. The right way to balance each of those will depend on the particular nature of each sport.
For almost two decades, since the passage of the Gender Recognition Act in 2004, we have had a process for trans people to gain legal recognition of their affirmed gender. However, as the Government concluded in 2018, the current gender recognition process is too bureaucratic and intrusive.
Liberal Democrats continue to support the proposals put forward by the Government four years ago to reform the process to make it easier for trans people to gain legal recognition of their gender. These changes would remove the requirement for medical reports and the spousal veto, while preserving safeguards to prevent abuse by non-trans people. Applicants would still have to prove that they have lived in their affirmed gender for at least two years, and make a legal declaration that they intend to live permanently in that gender for the rest of their life.
None of these changes to the gender recognition process would change the Equality Act provisions allowing single-sex services to exclude or restrict access to people because they are trans, as long as it is justified as a proportionate means of achieving a legitimate aim. The Equality and Human Rights Commission recently published a statement making that clear:
“Because the operation of the Equality Act gender reassignment exceptions does not rely on possession, or not, of a Gender Recognition Certificate, any reform of the Gender Recognition Act will not erode the special status of services provided separately for men and women, or for men or women only, as defined by the Equality Act 2010, such as domestic abuse refuges, health services and clubs.”
I certainly agree that the debate around this issue has become far too hostile and toxic. I hope that, whether you agree with us on this or not, you will take my response in the same spirit that I took your email: as part of a good-faith conversation about how we can ensure everyone’s safety and dignity.
Yours sincerely,
Peter Taylor and (local candidate)