My former self would never have predicted me saying this either, but Norman Tebbit's interventions in the GRA debates 20 years ago are not only prescient but often a pleasure to read:
"My Lords, I do not support the Bill in principle, in any way, up hill or down dale. This is a bad Bill. It is a most offensive Bill. It is certainly offensive to the followers of more than one religion, but I do not intend to make those criticisms today. In the speech of the right reverend Prelate, we heard of some of his telling concerns.
Sex cannot be changed. It is no good the Minister shaking his head. Sex is decided by the chromosomes of a human being. If we have XX chromosomes, we are women; if we have XY chromosomes, we are men. I might perhaps accept the Bill if an additional requirement for registering changes of gender were that it had been discovered that those concerned had inappropriate chromosomes for the sex in which they had been registered. That is the only way in which the Bill could avoid telling a lie. So far as I know, there is no law nor any known medical procedure that can change the sex of a human being. The Bill purports to do so. It is therefore an objectionable farce.
Moral and constitutional issues are also involved. The Bill requires members of a gender recognition panel, on the production of certain evidence, in broad terms to certify that a person who was born a woman, lived as a woman, married as a woman and has borne children is, despite all that, entitled to be issued with a birth certificate falsely professing that she was born as a male child. That cannot be anything other than a lie. It is a lie that the state would require its servants, such as the Registrar General, to certify as a truth.
Under this Government, we have become accustomed to a certain lack of precision and distinction between what is true and what is untrue, but this is going a long way beyond that. It is of a different order. Not only does it provide that an untruth can be made a truth, that a legitimately and properly attested document may be altered to purport something different, but it provides for the punishment of anyone who dares to speak the truth about the matter.
The noble Lord, Lord Carlile, properly referred to some of the problems in sport. When a six foot eight inch, 22 stone lady turns up to join the hockey club and denies that she has changed gender, who can attest to the contrary? Her birth certificate will have been altered and it will be a criminal offence for anyone to reveal that fact. Just how do we proceed in that matter? It is no good saying that we can leave it to people in the sporting associations. We cannot. That is impossible.
Even worse, it is not quite an offence for anyone to reveal the truth about the matter because, properly, under Clause 21, the Secretary of State or Scottish Minister is to have by order power to make provisions prescribing circumstances in which disclosure of the truth would not be an offence. We have read in the papers during the past day or two some of the background to the Soham murders and about the real difficulty caused by the clash between data confidentiality and the need of the police to be able to identify people who have not been convicted of any crime.
Let us consider the Bill in relation to that. Suppose the suspected person had changed gender. That would be difficult to track back, because he would be a different person with a different birth certificate. If this wretched legislation is passed, I hope that the Attorney-General has thought his way through that one before we have another problem on the scale of the Soham affair.
Mind you, all that is somewhat small beer compared to the power given to the Secretary of State in Clause 22 to modify,
"the operation of any enactment or subordinate legislation in relation to… persons whose gender has become the acquired gender under this Act, or… any description of such persons".
So there is the potential to deal with what we may call the Soham problem but, as I said, I hope that the Attorney-General will tell us exactly how that will operate. He must have thought it through. The Bill has not suddenly emerged; it has been thought about for a long time.
As I read it, the Bill would also purport that a marriage lawfully undertaken and consummated would be annulled where one of those false certificates had been issued in respect of one of those who had been lawfully joined together in an indissoluble union in the presence of God. We have heard the right reverend Prelate's reservations about that. I wonder what His Holiness the Pope thinks about it.
Clause 16 provides that if an Earl re-registers himself as a woman, he fortunately does not have to become a Countess. That is a most liberal part of the Bill; for such small mercies we should be grateful. I therefore presume that if a King should undertake gender reassignment, he could rule as a woman, but he would still be a King. I must say that that would raise some curious thoughts."