"I don't think legislating about usage of pronouns is really desirable or possible, the most appropriate thing would be to make it clear that there is no legal obligation to use them."
This assurance was given during the debate on the Gender Recognition Bill in 2004, with the familiar caveat about Clause 21 of the Act, so neither the Conservative nor the Labour Party should have a problem with that:
"The noble Baroness also asked whether people who refuse to call a gender-changed man by the changed gender would be open to action. No, they would not, unless they had information about the person's gender history in an official capacity and they disclosed it otherwise than is allowed for by Clause 21."
Lord Filkin (for the Government) in reply to Baroness O'Cathain (Conservative)
29 Jan 2004
(In the debate on the Gender Recognition Bill, "gender-changed man" and "transsexual man" refer to males.)
Read this and weep for all the amendments withdrawn because there would have been no point going to a vote:
https://hansard.parliament.uk/Lords/2004-01-29/debates/f813c7d4-41a1-4cfd-8115-6be9753889e5/GenderRecognitionBillHl
Serious problems have occurred due to misapplication of Clause 21, eg. in the case of NHS staff perverting the course of justice by covering up a rape, telling the police it could not have happened because there were no men on the ward.
I don't know if the rapist had a GRC or had applied for a GRC but the "Prohibition on Disclosure" only relates to those situations - not if a person just calls themselves "transgender" or "self-declares" that they are the opposite sex.
Disclosure is permitted under the GRA2004 anyway in certain circumstances and presumably "pronoun usage" could constitute "disclosure"?
Explanatory Notes
Section 22: Prohibition on disclosure of information
Subsections (1) and (2) establish that it is an offence for a person to disclose information he has acquired in an official capacity about a person’s application for a gender recognition certificate or about the gender history of a successful applicant. This information is termed ‘protected information’ under this Act.
Subsection (3) explains what is meant by ‘an official capacity’.
Subsection (4) sets out exceptions to the general prohibition on disclosure. For example, disclosure will not constitute an offence where the person to be identified had consented to the disclosure or where the disclosure is for the purposes of proceedings before a court or tribunal.
Subsections (5) and (7) make provision for the Secretary of State to prescribe further circumstances in which disclosure does not constitute an offence.
Subsection (6) provides that this power 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.
Under subsection (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.
https://www.legislation.gov.uk/ukpga/2004/7/notes/division/4/22
What it says in the Act:
Supplementary
22 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 [F171under 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.
[F175(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.
https://www.legislation.gov.uk/ukpga/2004/7/section/22
So how did we get from this to people being punished for "misgendering" by failing to use someone's "preferred pronouns"?
Baroness O'Cathain warned about where this would lead, and why:
https://hansard.parliament.uk/Lords/2004-01-29/debates/f813c7d4-41a1-4cfd-8115-6be9753889e5/GenderRecognitionBillHl#contribution-5c83f894-2b89-4d44-8c40-4369c5c01ffc