Clause 5 - Subsequent issue of full certificates
Gender Recognition Bill [Lords]
2:30 pm
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
I endorse that fully. That is why the amendment, and the others in the group, recognise that someone may be happy to have that interim recognition certificate and go no further. That is why a time limit does not appear to me to be necessary.
The narrower point I was making was that the Government might argue that there should be a time limit because they want to limit some rights to six months. The six-month period would apply to dissolution other than by annulment on the basis of the interim recognition certificate, so there is some reason for that limit. Another six-month limit can also be involved, but I am arguing that there does not appear to be any reason for limits of six months and six months; there is no reason why they could not be longer.
The Government may argue that, 10 years later, the marriage may be dissolved or annulled through normal divorce or annulment proceedings, or by death. An application could be made some time after that for a full recognition certificate. The end of the marriage may happen earlier, but if my amendments were accepted there could be an application 10 years down the line. By then, the person may not intend to continue to live in the new gender. That may or may not be true in any given case, but the same argument might apply to consideration of a full recognition certificate. Unless the Government intend to build in an automatic review after a specific period, it seems illogical to say there must be a short time limit on the grant of an interim recognition certificate, assuming the same tests are applied, because of something that may happen down the line.