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
7 results
5
Recommendation
Rejected
Para 59
The Government’s reforms should improve the process for transgender people, whilst ensuring the appropriate safeguards...
Recommendation
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 Summary
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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10
Recommendation
Rejected
Para 97
The Government should remove the diagnosis of gender dysphoria from the Gender Recognition Act by...
Recommendation
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 Summary
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
Para 104
There are significant problems with the requirement to have lived in the acquired gender.
Recommendation
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 Summary
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
Para 110
The requirement for an applicant legally transitioning to complete a statutory declaration is an essential...
Recommendation
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 Summary
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
Para 116
We have carefully considered the arguments for and against the spousal consent provision.
Recommendation
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 Summary
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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17
Recommendation
Rejected
Para 135
Transparency around the operation and decision-making of the Gender Recognition Panel is a concern to...
Recommendation
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 Summary
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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30
Recommendation
Rejected
When the previous Government launched its consultation into the reform of the Gender Recognition Act,...
Recommendation
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 Summary
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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