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Gender Recognition

Volume 709: debated on Wednesday 23 February 2022

2. If she will take steps with Cabinet colleagues to de-medicalise the process of obtaining a gender recognition certificate. [R] (905706)

The Government are clear that we want transgender people to be able to live their lives as they wish. The previous Government consulted on the Gender Recognition Act 2004. Having listened to the full range of views expressed, we concluded that the balance currently struck in the legislation is correct. We therefore do not intend to change the requirements of the Act.

On Monday, the Minister for Equalities, the hon. Member for Finchley and Golders Green (Mike Freer) said the Government would remove the rule whereby a trans person’s spouse has to consent to their gaining a gender recognition certificate. Yesterday, that had changed to helping to avoid spousal consent issues. Can the Minister categorically confirm today that the Government will remove that veto power altogether?

Yes, I did use the shorthand of spousal veto, which I know lawyers say does not exist. The no-fault divorce legislation about to be enacted will remove that effect that people are being asked to have removed. That is the advice I have received. If the hon. Lady says that the advice is wrong I will double-check it, but the advice I have received is that the new Act will remove that obstacle to divorce.