Sex discrimination
Gender Recognition Bill [Lords]
11:15 am
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
I raise an issue that was debated briefly in the House of Lords. I, too, hope to be brief. The Joint Committee on Human Rights also discussed the issue in relation to discrimination law and the Bill's related provisions.
The Government's approach is extremely minimalist, and we should not allow the Bill to go through Committee without getting the Government to justify it. We should also ensure for the record that the Minister expresses his confidence, which I am sure he will be willing to do, that the Government will be able to see off any challenge under the Human Rights Act 1998, particularly in the light of the eight claims made under article 14, article 8, and article 2 of protocol 1 on the right to education.
I will briefly outline as best I can at this time of the morning the issues relating to discrimination. I will also talk about the Government's approach and why it is so unsatisfactory. There are two separate issues. The first is whether the transsexual person would be protected against discrimination on the ground of
their new sex or gender. The second is whether they would be protected from discrimination on the ground that they were transsexual. The Joint Committee report dealt with those issues very well. I pay tribute to the hon. Member for St. Helens, South (Mr. Woodward) who has also worked hard on these issues.
We have discussed clause 9 and the provision that makes it clear that we mean ''sex'' where the Bill says ''gender''. It is therefore quite clear that under the Sex Discrimination Act 1975 in which the term ''sex'' is used, transsexual people are protected from discrimination against their new gender or sex. What is more difficult is the question of discrimination on the ground that a person is transsexual.
Before we adjourn, it is worth considering the equal treatment directive and the impact that the case of P v. S and Cornwall county council had on our domestic law. The Sex Discrimination Act protects people from sex discrimination in employment, vocational training, education, housing and the supply of goods and services. Thanks to the Liberal Democrats, the equal treatment directive is one of the few areas of British law—
It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.
Adjourned till this day at half past Two o'clock.