Reform of the Gender Recognition Act
Women and Equalities Committee
Closed
Inquiry
The Government has published its proposals for changes to the gender recognition process and set out how it plans to move forward. The Women and Equalities Committee will examine these proposals, gathering evidence on whether the Government’s proposed changes are the right ones and whether they go far enough. This …
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24
Recommendations
6
Conclusions
1
Report
6
Oral sessions
31
Letters
6
Events
Activity timeline 39 events
13 Jul
2022
2022
29 Mar
2022
2022
24 Mar
2022
2022
24 Mar
2022
2022
3 Mar
2022
2022
28 Jan
2022
2022
21 Dec
2021
2021
Report published
16 Jul
2021
2021
14 Jul
2021
2021
8 Jul
2021
2021
7 Jul
2021
2021
Oral evidence sessions 6 sessions
16 Jun 2021
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Jo Churchill MP · Department for Environment, Food and Rural Affairs
Melanie Field OBE · Equality and Human Rights Commission
The Baroness Falkner of Margravine · Equality and Human Rights Commission
12 May 2021
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Reform of the Gender Recognition Act
Dr Harriet Hutchinson · Action for Trans Health Durham
Dr John Chisholm CBE · British Medical Association
Dr Michael Brady · NHS England
John Stewart · NHS England
Leigh Chislett · 56 Dean Street
21 Apr 2021
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Dr Judith Green · Woman's Place UK
Dr Nicola Williams · Fair Play for Women
Raquel Rosario-Sanchez · FiLiA
17 Mar 2021
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Cat Burton · Gender Identity Research and Education Society
Dr Jane Hamlin · Beaumont Society
Lui Asquith · Mermaids
Nancy Kelley · Stonewall
10 Feb 2021
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Karon Monaghan QC · Matrix Chambers
Naomi Cunningham · Outer Temple Chambers
Robin White · Old Square Chambers
Sally Brett · The Law Society
9 Dec 2020
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Dr Kathleen Stock · University of Sussex
Dr Ruth Pearce · Trans Learning Partnership
Professor Alex Sharpe · University of Warwick
Professor Alice Sullivan · University College, London
Professor Rosa Freedman · University of Reading School of Law
Professor Stephen Whittle OBE · Manchester Metropolitan University
Reports 1 report · click to expand
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| Third report- Reform of the Gender Recognition Act | HC 977 | 21 Dec 2021 | 30 | Responded |
Recommendations & Conclusions
30 results
1
Recommendation
Accepted
Third report- Reform of the Gender…
We consider the reduction in the fee for a Gender Recognition Certificate from £140 to...
We consider the reduction in the fee for a Gender Recognition Certificate from £140 to £5 to be a step in the right direction. This new nominal amount will however contribute virtually nothing to the running of the Gender Recognition …
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Government Response
The government rejected the claim that the £5 fee reduction was 'tokenistic', explaining that it allowed for quick implementation via secondary legislation, unlike full removal which would require primary legislation. They noted a significant increase in GRC applications since the fee reduction, demonstrating its positive impact.
Government Equalities Office
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2
Recommendation
Accepted
Third report- Reform of the Gender…
We welcome the move to offer applicants a digital route.
We welcome the move to offer applicants a digital route. This will bring the process up to date with other Government services, which can be accessed online. The Government must ensure it is a system that can be accessed via …
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Government Response
The government accepted the recommendation, confirming the digitised GRC application process is in its testing phase and will be operational by summer 2022. It assured the system's accessibility on smartphones and mobiles, and committed to retaining a paper-based application process for those who prefer it.
Government Equalities Office
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3
Conclusion
Acknowledged
Third report- Reform of the Gender…
The wording of the statement by the Minister for Women and Equalities suggested that the...
The wording of the statement by the Minister for Women and Equalities suggested that the three clinics she referred to were new initiatives, driven by the Government Equalities Office in response to its consultation. The three pilot clinics in question …
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Government Response
The government detailed that NHSEI is committed to commissioning a new service model, is evaluating existing pilot clinics by an independent third party, and will use these findings to develop a new service specification to ensure reduced waiting times are maintained.
Government Equalities Office
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4
Recommendation
Not Addressed
Third report- Reform of the Gender…
The length of time taken by the Government Equalities Office to respond to its own...
The length of time taken by the Government Equalities Office to respond to its own consultation is unacceptable. Not only did this delay exacerbate tensions between an already polarised group of stakeholders, but it also caused real distress to many …
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Government Response
The government acknowledged the importance of engaging with the committee but did not address the specific criticism regarding the unacceptable delay in responding to its consultation or the failure to communicate progress during the delay. It highlighted that a response was eventually published and Ministers provided opportunities for scrutiny.
Government Equalities Office
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5
Recommendation
Rejected
Third report- Reform of the Gender…
The Government’s reforms should improve the process for transgender people, whilst ensuring the appropriate safeguards...
The Government’s reforms should improve the process for transgender people, whilst ensuring the appropriate safeguards for those with concerns. The Government should bring back an action plan for reform to the Gender Recognition Act within 12 72 Reform of the …
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Government Response
The government explicitly rejected the recommendation for an action plan to reform the Gender Recognition Act, stating its September 2020 position on spousal consent, living in acquired gender, and diagnosis requirements remains correct and provides robust checks and balances. They clarified that the consultation was not a referendum and ministerial decisions stand.
Government Equalities Office
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6
Conclusion
Not Addressed
Third report- Reform of the Gender…
Ministers are fundamentally accountable to Parliament and have a duty to make themselves available for...
Ministers are fundamentally accountable to Parliament and have a duty to make themselves available for scrutiny by the House and its committees. The same applies, with certain qualifications, to other public servants and public officeholders. We are deeply disappointed by …
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Government Response
The government's response did not address the committee's deep disappointment regarding the GEO and EHRC's perceived evasion of parliamentary scrutiny and failure to engage with the inquiry. Instead, it focused on rejecting the claim that the GRC fee reduction was 'tokenistic' and explained its rationale.
Government Equalities Office
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7
Conclusion
Not Addressed
Third report- Reform of the Gender…
The Government Equalities Office response to the consultation on the Gender Recognition Act was minimal...
The Government Equalities Office response to the consultation on the Gender Recognition Act was minimal and ignored areas where there was a majority in support for change. The Minister for Women and Equalities committed to reducing the fee, placing the …
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Government Response
The government's response defended the £5 fee reduction, arguing it was not 'tokenistic' and was implemented quickly via secondary legislation, leading to a significant increase in GRC applications. However, it did not directly address the committee's broader criticism that the overall consultation response was minimal or ignored areas of majority support for change.
Government Equalities Office
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8
Recommendation
Not Addressed
Third report- Reform of the Gender…
We remain frustrated at the degree of engagement by the Government Equalities Office and the...
We remain frustrated at the degree of engagement by the Government Equalities Office and the Equality and Human Rights Commission. These key bodies have a vital role to play in enforcing and enacting real change in this area. They should …
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Government Response
The government's response discusses the digitisation of the GRC application process, which is unrelated to the committee's call for ministerial cooperation and compliance with accountability procedures.
Government Equalities Office
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9
Recommendation
Not Addressed
Third report- Reform of the Gender…
We believe that the requirement of a diagnosis of gender dysphoria in order to obtain...
We believe that the requirement of a diagnosis of gender dysphoria in order to obtain a Gender Recognition Certificate should be removed from the Gender Recognition Act, moving the process closer to a system of self-declaration. The legal recognition Reform …
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Government Response
The government's response details progress on digitising the GRC application process, which does not address the recommendation to remove the requirement for a gender dysphoria diagnosis.
Government Equalities Office
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10
Recommendation
Rejected
Third report- Reform of the Gender…
The Government should remove the diagnosis of gender dysphoria from the Gender Recognition Act by...
The Government should remove the diagnosis of gender dysphoria from the Gender Recognition Act by 2023, reflecting the support for this in responses to its own consultation. It must ensure that appropriate safeguards are in place when doing so, including …
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Government Response
The government rejects removing the diagnosis of gender dysphoria from the Gender Recognition Act, stating its current position is appropriate and that diagnosis requirements ensure a robust process. It will amend the reference to 'disorder' but not the diagnosis requirement itself, and highlights existing safeguards.
Government Equalities Office
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11
Recommendation
Rejected
Third report- Reform of the Gender…
There are significant problems with the requirement to have lived in the acquired gender.
There are significant problems with the requirement to have lived in the acquired gender. There is no clear, accepted or agreed definition of what living like a man or a woman is. This makes it difficult for a person to …
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Government Response
The government rejected the recommendation to remove the requirement to have lived in the acquired gender, stating its September 2020 position on evidential requirements in the GRA remains appropriate and robust. They clarified that the assessment relies on routine documentary evidence rather than gender stereotypes.
Government Equalities Office
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12
Recommendation
Rejected
Third report- Reform of the Gender…
The requirement for an applicant legally transitioning to complete a statutory declaration is an essential...
The requirement for an applicant legally transitioning to complete a statutory declaration is an essential safeguard which ensures that they are doing so with genuine intent. We believe this requirement must be retained. We accept that there are cases where …
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Government Response
The government rejects amending the wording of the statutory declaration, stating that its current position, including the evidential and diagnosis requirements in the Gender Recognition Act, strikes the correct balance and ensures a robust process.
Government Equalities Office
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13
Recommendation
Rejected
Third report- Reform of the Gender…
We have carefully considered the arguments for and against the spousal consent provision.
We have carefully considered the arguments for and against the spousal consent provision. The choice to transition by one spouse can, for some, fundamentally change the nature of the relationship and the marriage contract. The spouse of the person transitioning …
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Government Response
The government rejected the committee's implicit recommendation that spousal consent or annulment should not cause delay in obtaining a GRC. It maintained that its existing position, set out in September 2020, is correct, asserting that the current legislation strikes the right balance with proper checks and balances.
Government Equalities Office
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14
Recommendation
Not Addressed
Third report- Reform of the Gender…
We recommend the requirement for spousal consent should be removed.
We recommend the requirement for spousal consent should be removed. When an application is made, the non-transitioning spouse should be notified by the body 74 Reform of the Gender Recognition Act processing the application (currently the Gender Recognition Panel) that …
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Government Response
The government's response commits to engaging fully with the Committee and building a constructive relationship, which does not address the recommendation to remove the spousal consent requirement for a Gender Recognition Certificate.
Government Equalities Office
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15
Conclusion
Not Addressed
Third report- Reform of the Gender…
We agree with the Government Equalities Office that the age of 18 is the appropriate...
We agree with the Government Equalities Office that the age of 18 is the appropriate age at which an individual should be able to decide on whether they want to apply for legal gender recognition. Part of the process of …
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Government Response
The government's response did not address the committee's conclusion agreeing that 18 is the appropriate age for legal gender recognition. Instead, it provided a generic statement acknowledging the importance of committee engagement and committing to a constructive relationship.
Government Equalities Office
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16
Conclusion
Acknowledged
Third report- Reform of the Gender…
We are aware that there has been a significant increase in the number of referrals...
We are aware that there has been a significant increase in the number of referrals to Gender Identity Development Services in recent years. We strongly believe that improved support is needed to help young people seeking to transition, especially mental …
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Government Response
The government acknowledges the need for improved support, detailing ongoing evaluation of pilot clinics to inform a new service model for adults and reiterating its commitment to investing in general mental health services through the NHS Long Term Plan, but not specific new actions for young people.
Government Equalities Office
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17
Recommendation
Rejected
Third report- Reform of the Gender…
Transparency around the operation and decision-making of the Gender Recognition Panel is a concern to...
Transparency around the operation and decision-making of the Gender Recognition Panel is a concern to many people applying for a Gender Recognition Certificate. It is clear to us that the existence of the Panel itself can, at times, discourage people …
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Government Response
The government rejects the recommendation to replace the Gender Recognition Panel or conduct a review of its structure, stating it is satisfied the Panel is fulfilling its duties and that a replacement would not be appropriate. It highlights existing efforts to simplify the application process.
Government Equalities Office
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18
Recommendation
Not Addressed
Third report- Reform of the Gender…
Section 22 of the Gender Recognition Act is important.
Section 22 of the Gender Recognition Act is important. It ensures the privacy of transgender people by making it a criminal offence for a person who has acquired information about a person’s GRC, in an official capacity, to disclose it …
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Government Response
The government's response did not address the recommendation to amend Section 22 of the Gender Recognition Act to cover only deliberate and knowing disclosures. Instead, it reiterated its view that the overall diagnosis requirements in the GRA are robust and appropriate.
Government Equalities Office
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19
Recommendation
Not Addressed
Third report- Reform of the Gender…
We reiterate our predecessor Committee’s recommendation for better guidance on the single-sex and separate-sex exceptions...
We reiterate our predecessor Committee’s recommendation for better guidance on the single-sex and separate-sex exceptions and urge the Government Equalities Office and Equality and Human Rights Commission to publish this guidance, using worked examples and case studies from organisations providing …
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Government Response
The government's response states its view on the appropriateness of diagnosis requirements in the GRA, which does not address the recommendation to publish guidance on single-sex/separate-sex exceptions and trans/non-binary inclusive services.
Government Equalities Office
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20
Recommendation
Deferred
Third report- Reform of the Gender…
We recommend that the Government Equalities Office conduct a review into the use of the...
We recommend that the Government Equalities Office conduct a review into the use of the occupational requirement exception and how it is currently being applied. This review should consider the role of the GRA and how it interacts with the …
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Government Response
The government redirected the recommendation for the GEO to conduct a review into occupational requirement exceptions, stating that the EHRC has committed to issuing separate guidance on these provisions. It did not commit to the broader scope of a review, making recommendations, or setting targets requested by the committee.
Government Equalities Office
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21
Recommendation
Acknowledged
Third report- Reform of the Gender…
Guidance on the application of the sports exception continues to be confused and inadequate, leaving...
Guidance on the application of the sports exception continues to be confused and inadequate, leaving many sports providers feeling unclear about its application. The Sports Council Equality Group has produced some guidance to try and bridge this gap. However, both …
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Government Response
The government notes that the EHRC is currently looking to update its guidance on single-sex exceptions in the Equality Act. However, it does not commit to the specific recommendation for EHRC and GEO to work with various groups to publish supplementary guidance or develop comprehensive guidance for trans-inclusive sports spaces.
Government Equalities Office
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22
Recommendation
Not Addressed
Third report- Reform of the Gender…
The conflation of the terms sex and gender in both the Gender Recognition Act and...
The conflation of the terms sex and gender in both the Gender Recognition Act and Equality Act has led to widespread confusion and disagreement. We welcome the Equality and Human Rights Commission guidance on sex and gender reassignment and believe …
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Government Response
The government reiterated its view that the position set out in September 2020 is appropriate and that GRA evidential requirements ensure a robust legal gender recognition process, but did not address the recommendation on updating language in acts and official documents.
Government Equalities Office
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23
Recommendation
Not Addressed
Third report- Reform of the Gender…
We recognise the importance of collecting and monitoring data on natal sex, especially in cases...
We recognise the importance of collecting and monitoring data on natal sex, especially in cases of equality monitoring. We also recognise the sensitives around collecting and monitoring data on natal sex and the distress it can cause trans and gender …
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Government Response
The government reiterated its view that the position set out in September 2020 is appropriate and that GRA evidential requirements ensure a robust legal gender recognition process, but did not address the recommendation on developing data collection guidelines.
Government Equalities Office
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24
Recommendation
Accepted in Part
Third report- Reform of the Gender…
We commend the work undertaken by NHS England to open more gender identity clinics and...
We commend the work undertaken by NHS England to open more gender identity clinics and welcome the announcement of the opening of a further two pilot clinics. We are, however, concerned to learn that waiting times for these clinics continue …
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Government Response
The government states NHSEI is committed to commissioning a new adult service model and evaluating pilot clinics to inform permanent commissioning. They are working to move services in the South West to a new model by 2023, and reference existing mental health funding and ongoing GEO collaboration with DHSC, partially addressing the geographical and service provision requests.
Government Equalities Office
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25
Recommendation
Accepted
Third report- Reform of the Gender…
NHS England should also consider more appropriate and effective responses and services to patients facing...
NHS England should also consider more appropriate and effective responses and services to patients facing lengthy waiting list times than the current communications. This must include access to trans/gender non-conforming inclusive or specific mental health services. The GEO, DHSC and …
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Government Response
The government accepted the recommendation, committing DHSC to provide annual updates on pilot clinics and their impact on waiting times. It outlined new pilot clinics for holistic care, including psychological services, established regional professional support services, and allocated an additional £500 million for mental health services to address waiting times and workforce.
Government Equalities Office
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26
Recommendation
Not Addressed
Third report- Reform of the Gender…
There is undoubtedly an urgent need for more trained and specialist clinicians who have the...
There is undoubtedly an urgent need for more trained and specialist clinicians who have the knowledge and understanding to work in the growing number of gender identity clinics. We welcome NHS England’s funding of a programme in gender dysphoria medicine. …
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Government Response
The government's response did not address the recommendation for DHSC and NHS England to attract more trainee doctors to specialise in gender identity healthcare. Instead, it discussed the necessity and retention of the statutory declaration requirement for GRC applications.
Government Equalities Office
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27
Conclusion
Not Addressed
Third report- Reform of the Gender…
We are aware that the COVID-19 pandemic has made access to primary healthcare more difficult...
We are aware that the COVID-19 pandemic has made access to primary healthcare more difficult for everybody, including transgender and non-binary people. In her response to the Gender Recognition Act Consultation, the Minister for Women and Equalities argued that the …
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Government Response
The government's response discusses the necessity of a statutory declaration for gender recognition and does not address the committee's concerns about the Government Equalities Office's work on transgender and non-binary primary healthcare.
Government Equalities Office
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28
Recommendation
Not Addressed
Third report- Reform of the Gender…
The Government Equalities Office and Department for Health and Social Care should develop a healthcare...
The Government Equalities Office and Department for Health and Social Care should develop a healthcare strategy for transgender and non-binary people within the next year. The strategy should include: • improved and mandatory training for GPs around treating trans and …
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Government Response
The government's response defines the term 'spouse' and does not address the recommendation to develop a healthcare strategy for transgender and non-binary people.
Government Equalities Office
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29
Recommendation
Not Addressed
Third report- Reform of the Gender…
We welcome confirmation from the Department of Health and Social Care that the LGBT Action...
We welcome confirmation from the Department of Health and Social Care that the LGBT Action Plan is considered a point of reference for the Department. However, we are concerned that the Government Equalities Office appears to have abandoned it. This …
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Government Response
The government's response defines the term 'spouse' and does not address the recommendation to commit to the LGBT Action Plan or reinstate the LGBT Advisory Panel.
Government Equalities Office
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30
Recommendation
Rejected
Third report- Reform of the Gender…
When the previous Government launched its consultation into the reform of the Gender Recognition Act,...
When the previous Government launched its consultation into the reform of the Gender Recognition Act, it explicitly stated that one of its aims was to gather evidence to further advance equality for non-binary and intersex people. The LGBT Action Plan …
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Government Response
The government stated its position that no changes are needed to the Gender Recognition Act (GRA), asserting that UK law defines individuals as male or female on their birth certificate. While acknowledging its previous work exploring experiences of VSC and non-binary people, the government essentially rejected the recommendation to clarify barriers to legal recognition for non-binary people, by stating it won't be implementing such changes.
Government Equalities Office
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Correspondence 31 letters
13 Jul 2022
To committee
Letter from then Secretary of State for Health and Social Care regarding The Gender Recognition (Disclosure of Information) (England) Order 2022, dated 28 June 2022
Parliament page
29 Mar 2022
Correspondence to the Chair from the Minister for Equalities in response to our letter relating to the Government’s response to the Reform of the Gender Recognition Act inquiry
Parliament page
24 Mar 2022
Correspondence from the Chair to the Minister for Equalities relating to Government’s response to the Reform of the Gender Recognition Act inquiry
Parliament page
3 Mar 2022
Correspondence to Elliot Colburn MP from the Minister for Equalities relating to the Westminster Hall debate on the Reform of the Gender Recognition Act
Parliament page
28 Jan 2022
Correspondence to the Chair from the Chair of the Equality and Human Rights Commission relating to our inquiry into the Reform of the Gender Recognition Act
Parliament page
16 Jul 2021
Correspondence to the Chair from the Director of Specialist Commissioning relating to our inquiry into the Reform of the Gender Recognition Act
Parliament page
14 Jul 2021
Correspondence to the Chair from the Minister for Equalities relating to our inquiry into the Reform of the Gender Recognition Act
Parliament page
8 Jul 2021
Correspondence to the Chair from the Leader of the House of Commons relating to ministerial attendance at the GRA evidence session
Parliament page
7 Jul 2021
Correspondence to the Chair from the Speaker relating to the ministerial attendance at Select Committee evidence sessions
Parliament page
30 Jun 2021
Correspondence to the Chair of the Liaison Committee from the Chair relating to attendance of GEO Ministers
Parliament page
30 Jun 2021
Correspondence to the Leader of the House from the Chair relating to attendance of GEO Ministers
Parliament page
30 Jun 2021
Correspondence to the Speaker from the Chair relating to attendance of GEO Ministers
Parliament page
29 Jun 2021
Correspondence to the Minister for Equalities from the Chair relating to our inquiry into the Reform of the Gender Recognition Act
Parliament page
11 Jun 2021
To committee
Letter from Minister for Equalities regarding the inquiry on Reform of the Gender Recognition Act
Parliament page
11 Jun 2021
To committee
Letter from Chair to Minister for Equalities regarding the inquiry on Reform of the Gender Recognition Act
Parliament page
21 May 2021
Correspondence from the Minister for Equalities to the Chair relating to her invitation to give evidence on the Reform of the Gender Recognition Act inquiry
Parliament page
21 Jan 2021
To committee
Letter from the Chair to Judge Paula Gray with follow-up questions for the inquiry on the Gender Recognition Act
Parliament page
13 Jan 2021
From committee
Letter to the Chair of the Committee from the EHRC relating to the Reform of the Gender Recognition Act 2004 inquiry
Parliament page
9 Dec 2020
Correspondence to the EHRC from the Chair in response to correspondence on GRA inquiry
Parliament page
27 Nov 2020
Correspondence from the EHRC to the Chair regarding the Gender Recognition Act
Parliament page
16 Oct 2020
Correspondence from the Chair to the Minister of Women and Equalities relating to reform of the Gender Recognition Act
Parliament page
15 Oct 2020
To committee
Letter from the Minister for Women and Equalities relating to refrm of the Gender Recognition Act
Parliament page
22 Sep 2020
To committee
Letter from the Secretary of State Elizabeth Truss MP to the Chair regarding the next steps in the GRA 22.09.20
Parliament page
22 Sep 2020
To committee
Letter from the Secretary of State responding to Caroline Noakes regarding the GRA
Parliament page
18 Sep 2020
To committee
Letter from the Secretary of State Elizabeth Truss MP to the Chair regarding the GRA 18.09.2020
Parliament page
8 Sep 2020
To committee
Letter from the Chair to thr Secretary of State Elizabeth Truss MP regarding the GRA
Parliament page
1 Sep 2020
To committee
Letter from the Chair to Elizabeth Truss concerning Reform of the Gender Recognition Act 2004 (GRA)
Parliament page
2 Aug 2020
To committee
Letter from the Secretary of State to WEC Chir regarding the GRA
Parliament page
23 Jul 2020
To committee
Letter from the Chair to the Minister for Women and Equalities concerning reform of the Gender Recognition Act
Parliament page
1 Jul 2020
To committee
Letter from the Minister for Women and Equalites to the Chair, concerning reform of the Gender Recognition Act
Parliament page
24 Jun 2020
To committee
Letter from the Chair to the Minister for Women and Equalites, concerning reform of the Gender Recognition Act
Parliament page