Britain & Equality
Britain leads the world as a country where everybody is able to lead their life freely and treated with respect and that, for many years, transgender people have been widely accepted in British society; able to use facilities of their chosen gender; and able to participate fully in modern life. At the heart of this is the principle of individual liberty. Our philosophy is that a person’s character, your ideas, and your work ethic trumps the colour of your skin or your biological sex. We firmly believe that neither biology nor gender is destiny. The Equality Act 2010 clearly protects transgender people from discrimination. The same act allows service providers to restrict access to single sex spaces on the basis of biological sex if there is a clear justification. We want every individual, regardless of their sex or sexual orientation to have the confidence and the freedom to be themselves.
Gender Recognition Act
We believe in the individual liberty and in the humanity and dignity of every person. We are proud to have introduced same-sex marriage and passed the Turing law. We want transgender people to be free to live and to prosper in a modern Britain. We have looked carefully at the issues raised in the consultation, including potential changes to the Gender Recognition Act 2004. The Gender Recognition Act consultation highlighted a number of priorities for transgender people and I am encouraged that the Government Equalities Office is now taking action to address these. The process of applying for a Gender Recognition Certificate will be kinder and more straightforward, moving the whole procedure online and reducing the £140 fee to a nominal amount.
The Government’s consultation on the Gender Recognition Act (2004)
Following a considerable amount of consultation with the public and representative organisations, the Government has decided that the current provisions within the Act allow for those that wish to legally change their sex to do so safely and fairly. It is the Government’s view that the balance struck in this legislation is correct, in that there are proper checks and balances in the system and also support for people who want to change their legal sex.
I am absolutely committed to protecting women’s rights and freedoms. I completely understand that reforming the GRA is a complex and sensitive issue, which is why it is important for everyone’s views to be heard and listened to. I am especially glad that the Minister for Women and Equalities has said that any reforms will ensure the protection of single-sex spaces, which I recognise is extremely important. The Equality Act 2010 clearly protects transgender people from discrimination. The same act allows service providers to restrict access to single sex spaces on the basis of biological sex if there is a clear justification.
Gender Recognition Certificate
However, it is also clear that we need to improve the process and experience that transgender people have when applying for a Gender Recognition Certificate – making it kinder and more straightforward. Our changes will address the main concerns that transgender people themselves tell us they have about it.
In 2017, we conducted by far the largest survey ever of British LGBT people, with over 108,000 respondents, of whom 7000 were transgender. Of those who had completed their transition, around 2 in 5 said that they had a Gender Recognition Certificate, a higher proportion than is often believed. The survey then asked those who had not applied what had prevented them from doing so. They were able to choose as many reasons as they wanted.
Thirty-eight per cent told us the process was too bureaucratic and so the whole procedure is now online. Thirty-four per cent said the process was too expensive. This, too has been addressed with the fee reduced from £140 to £5.
Gender Recognition Reform
We have also come to understand that gender recognition reform, though supported in the consultation undertaken by the last Government, is not the top priority for transgender people.
Teaching gender identity in schools
In recent years, an increasing number of children have been questioning their gender. This is why I welcome that the Department for Education have published new guidance for teachers on how best to support these students in schools and colleges. This guidance is clear that schools and colleges have a duty to safeguard and promote the welfare of all children, which means that a cautious approach should be taken when responding to requests to social transition. Schools and colleges should create an environment that is respectful of all beliefs. This means no one should be expected to use preferred pronouns and they should not be sanctioned for making honest mistakes. In all cases, bullying must not be tolerated.
While the guidance is there to help teachers, parents’ views should be at the centre of every decision schools make about their child. This is draft guidance subject for consultation and following engagement from schools, colleges, parents and the sector, the Government is now assessing their feedback.
In 2020, I welcomed that Relationships and Sex Education was made compulsory for all secondary school pupils in England and Health Education compulsory for all pupils in state-funded schools. Last year, the Prime Minister and Education Secretary brought forward the first review of the curriculum following reports of pupils being taught inappropriate content in RSHE in some schools.
New guidance has now been published introducing age limits on RHSE content, to ensure children aren’t being taught about sensitive and complex subjects before they are ready to fully understand them. It also makes clear that the concept of gender identity – the sense a person may have of their own gender - is highly contested and should not be taught. Along with other factors, teaching this theory in the classroom could prompt some children to start to question their gender when they may not have done so otherwise, and is a complex theory for children to understand. The facts about biological sex and gender reassignment will still be taught.
The guidance for schools also contains a new section on transparency with parents, making it absolutely clear that parents have a legal right to know what their children are being taught in RSHE and can request to see teaching materials. In addition, the Government are seeking views on adding several new subjects to the curriculum and more detail on others. These include suicide prevention, sexual harassment and sexual violence, loneliness, the prevalence of 'deepfakes’, healthy behaviours during pregnancy, illegal online behaviours including drug and knife supply, the dangers of vaping and menstrual and gynaecological health including issues such as endometriosis, polycystic ovary syndrome and heavy menstrual bleeding.