Third report- Reform of the Gender Recognition Act
Select Committee
Women and Equalities Committee
HC 977
21 December 2021
Government response
Fifth special report - Reform of the Gender Recognition Act: Government response to the Committee’s Third Report · published 24 Mar 2022
Recommendations & Conclusions
15 results
4
Recommendation
Not Addressed
Para 52
The length of time taken by the Government Equalities Office to respond to its own...
Recommendation
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 Summary
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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6
Conclusion
Not Addressed
Para 73
Ministers are fundamentally accountable to Parliament and have a duty to make themselves available for...
Conclusion
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 Summary
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
The Government Equalities Office response to the consultation on the Gender Recognition Act was minimal...
Conclusion
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 Summary
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
We remain frustrated at the degree of engagement by the Government Equalities Office and the...
Recommendation
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 Summary
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
Para 96
We believe that the requirement of a diagnosis of gender dysphoria in order to obtain...
Recommendation
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 Summary
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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14
Recommendation
Not Addressed
Para 117
We recommend the requirement for spousal consent should be removed.
Recommendation
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 Summary
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
Para 122
We agree with the Government Equalities Office that the age of 18 is the appropriate...
Conclusion
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 Summary
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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18
Recommendation
Not Addressed
Section 22 of the Gender Recognition Act is important.
Recommendation
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 Summary
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
Para 158
We reiterate our predecessor Committee’s recommendation for better guidance on the single-sex and separate-sex exceptions...
Recommendation
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 Summary
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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22
Recommendation
Not Addressed
Para 178
The conflation of the terms sex and gender in both the Gender Recognition Act and...
Recommendation
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 Summary
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
We recognise the importance of collecting and monitoring data on natal sex, especially in cases...
Recommendation
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 Summary
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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26
Recommendation
Not Addressed
Para 197
There is undoubtedly an urgent need for more trained and specialist clinicians who have the...
Recommendation
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 Summary
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
Para 214
We are aware that the COVID-19 pandemic has made access to primary healthcare more difficult...
Conclusion
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 Summary
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
The Government Equalities Office and Department for Health and Social Care should develop a healthcare...
Recommendation
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 Summary
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
We welcome confirmation from the Department of Health and Social Care that the LGBT Action...
Recommendation
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 Summary
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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