Schedule 1 - Gender Recognition Panels
Gender Recognition Bill [Lords]
11:00 am
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
The amendments would make the application process more onerous. They would add unnecessary burdens to a robust and credible process. The first amendments in the group, amendments Nos. 34 and 35, would mean that there had to be two diagnoses of gender dysphoria: one from a registered medical practitioner working in the field of gender dysphoria; the other from a consultant psychiatrist. It is sought not only to double the evidential burden on the applicant, but to limit those experts from whom
evidence is accepted. That would ensure that the evidence of a chartered psychologist working in the field of gender dysphoria would not be accepted. The Bill seeks to establish a robust and credible process by which transsexual people are to seek recognition in their acquired gender. We do not believe that the amendments would add to that objective.
It is important to emphasise that a typical treatment path will oblige the applicant to undergo a series of assessments. As I explained, that assessment and transition process is long, arduous, wholeheartedly invasive and taken extremely seriously by the medical profession. I emphasise also that the Government's guidance on the diagnosis and existence of gender dysphoria is taken from the chief medical officer. He explains that, partly because of the number of people involved, the institutions and hospitals that conduct such assistance are not numerous. Their number is so small that I can list them all: Leeds, London—services are provided jointly by Ealing, Hammersmith and Fulham mental health trusts; in Hammersmith at the Charing Cross hospital—Newcastle, Nottingham, and Sheffield. Those institutions, which involve a number of specialists in assisting a transsexual person to complete their assessments and transition, are reflected in how we have set about establishing the evidence based in the Bill.
The first requirement of an applicant for recognition is the diagnosis of gender dysphoria. According to the Bill, that diagnosis must be provided by a medical practitioner or by a chartered psychologist practising in the field of gender dysphoria. The diagnosis of a specialist is essential because a specialist will know the diagnosis criteria well, apply recognised standards of care and have experience of dealing with a range of patients—those who are certainly gender dysphoric, those who are borderline and those who are not gender dysphoric. The hon. Member for South-West Bedfordshire should bear in mind that we are talking about a small pool of specialists whose work and assessments we expect the panel to come to know well. They know full well about the provisions in the Bill and the standards that are required.
A person working in the field of gender dysphoria will have as a precondition for an application to succeed to make the critical judgment about whether a person has gender dysphoria. The amendments would require two diagnoses of gender dysphoria: one from a registered medical practitioner working in the field and one from a consultant psychiatrist.
Some people will no doubt have two independent medical reports, and in most cases a range of specialists will be involved in the process. We must also consider, however, the position of those people who have only one specialist medical report. The diagnosis may have taken place a long time ago and they may have been living in their acquired gender for many years. I spoke earlier of being reminded by Press for Change of a couple who had lived together for more than 30 years.