Labour reiterates pledge to ‘modernise’ gender transition process
The Labour party has reiterated its pledge to “modernise” the process under which people can legally change gender, removing what it termed outdated elements of the process, such as requiring consent from a spouse.
The requirement to present evidence showing a person has lived as their new gender for two years would be replaced with a so-called reflection period lasting the same amount of time.
The plan is largely the same as that outlined last year by Labour’s national policy forum, but was written about by the Times after an article for the paper on Saturday by JK Rowling, who said she would struggle to support the party because of its stance on transgender rights.
The national policy forum set out the proposal for changes, including replacing a panel of doctors and lawyers who give approval for a gender recognition certificate (GRC), the legal basis for gender to be changed.
Under Labour plans, this will be done by one doctor with a specialism in gender issues. One possibility had been to use GPs for this part of the process, but that will no longer happen.
One of the biggest changes would be to remove the two-year documentation trail needed to seek a GRC. Under current rules, people are asked to show evidence “from a variety of different sources” over the two-year period, such as official documents, payslips and letters, which give their new name or title, or their gender.
This would be replaced with the reflection period and the need for approval from a spouse would be scrapped.
The party said while it would not want to change the way doctors diagnosed gender dysphoria, it would seek to make this a medical process, not one that was politicised.
A Labour spokesperson said the party would “modernise, simplify and reform the intrusive and outdated gender recognition law to a new process. We will remove indignities for trans people who deserve recognition and acceptance; while retaining the need for a diagnosis of gender dysphoria from a specialist doctor, enabling access to the healthcare pathway.”.
The statement said Labour backed protections for women within the Equality Act and would “continue to support the implementation of its single-sex exceptions”.
It added: “Britain is a reasonable and tolerant society where most people know that there are a small number of individuals who do not identify with the gender that they were born into.
“Labour’s plans will protect single-sex spaces, treat everybody with respect and dignity, maintain the existing two-year timeframe for gender recognition, and ensure that robust provisions are in place to protect legitimate applications.”
Speaking to reporters after the Scottish Conservative manifesto launch, Rishi Sunak said plans by Keir Starmer’s party to reform the gender recognition system would “undo all the progress that we’ve made on this issue, undermine the protections that we’ve put in place for women’s rights, safety and security, and create loopholes that will be exploited by bad faith actors”.
He added: “Fundamentally, I don’t think that Labour have ever properly cared or understood this issue, and that’s crystal clear from his track record.”
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Sunak also insisted that he remained “energised” with 10 days to go before the election and that he would fight just as hard as he had in the leadership contest against Liz Truss, when he was likewise the underdog.
Writing in the Times, Rowling, a former Labour member and donor, said she would struggle to vote for the party “as long as Labour remains dismissive and often offensive towards women fighting to retain the rights”.
She said she had a “poor opinion” of Starmer’s character and claimed he was “dismissive and often offensive” of women’s concerns about sex-based rights.
Asked about her comments on Sunday, the Labour leader said: “I do respect her but I would point out the long record that Labour has in government of passing really important legislation which has advanced the rights of women and made a material difference.”
On trans rights, the Starmer said a government he led would seek a “reset moment where we can bring the country together and ensure that all debate is done in a respectful way”.
He has also confirmed that he would not reverse the section 35 order blocking Holyrood’s gender recognition bill, which was imposed by the Conservative party.
“There will be no change of position on that, and I think there’s a lot to learn on gender self-ID from the way it has been dealt with in Scotland, which is why we’ve got a different proposition in our manifesto,” Starmer said.