Clause 1 - Applications
Gender Recognition Bill [Lords]
9:30 am
Mr Tim Boswell (Daventry, Conservative)
The Committee will be aware that there was a trailer for the amendments in the programme motion debate. The amendments would preclude applications made on the basis of a gender change under the law of a country or territory outside the United Kingdom. As I have said before—this is certainly my view—the procedure is not in any way improper, but it is important that we understand how it is to be carried out.
I should group my comments. First, on the countries or groups of countries with which the Minister has in mind arrangements for mutual or, indeed, unilateral recognition of gender change arrangements, I realise that not every country has exactly the same gender change law. For example, some will require surgical intervention. We discussed that briefly on Second Reading. It is not my view that it would be right to introduce that requirement in the United Kingdom. Be that as it may, there will be different rules in different countries, just as, to consider a slightly wider but related issue, there will be for marriage. When it is not possible to produce an identical fit or equivalence, there will need to be some understanding. I will come to that in a moment.
We need from the Minister some appreciation of the types of state with which he will expect to offer recognition quickly. As I understand it, that is under an order procedure in clause 2. Who would not be included, and on what basis might it be necessary to include or exclude a country subsequently if the arrangements were not seen to be satisfactory? We want a sense of the geographical coverage and how quickly that can slot in.
I had an interesting telephone conversation the other day with a transgendered lady who originates from New Zealand, changed gender legally in that country, concluded a marriage and is now living in this country. That is a perfectly reasonable thing to do. She was somewhat thrown by clause 22. I did my best to explain it to her and reassure her. As I understand it, foreign marriages that follow a gender change will not be validated until the gender recognition certificate is issued in the UK. I understand that and it is perfectly sensible, but it is the kind of thing that plays into the complexity of the matter. Will the Minister say, territorially, where he has in mind that could be accepted and on what basis? For example, could attaches be invited to subscribe? The Minister knows that the majority of countries in Europe—not just the European Union and its applicant countries—have introduced legislation on the matter.
Secondly, are there any criteria that the Minister can share with the Committee on the basis for acceptance—perhaps case by case rather than on a territorial or collective basis? For example, will he be looking to enshrine certain safeguards in the legislation? As I have already hinted, might he in certain cases have to exclude a country in the light of experience?
The third and general point is about a slight concern, which I hope the Minister shares. People may look for a particular regime to effect a gender change and, armed with a certificate in law from that country, come to the UK either as settlers for the first time or simply as those who have gone to such a country for the purpose of obtaining a gender recognition certificate under its law, and then seek to return here and claim their rights under the clause in United Kingdom law. We are probably beginning to trespass on a very low likelihood, but the last thing that we want is somebody making accusations of gender recognition tourism—people finding an easy way to get matters nodded through without the safeguards in this legislation and returning with such certification. That would only discredit the Minister's careful process and be to the disadvantage of all concerned.
The amendments do not attempt to make life unduly difficult for people. There is a full understanding that in a world where there is great international movement—in the European Union, the former Commonwealth countries and more generally—people will live in such conditions and seek to settle in other countries. There is no crime in that; there is nothing wrong with it at all. The law should be facilitative of them, but there must be proper safeguards. That is the spirit in which the amendments are tabled.