Schedule 6 - Sex Discrimination
Gender Recognition Bill [Lords]
2:30 pm
Dr Evan Harris (Oxford West and Abingdon, Liberal Democrat)
No. If she were not allowed in a woman's hostel, it would not be because she is a woman. She cannot get the protection of the Sex Discrimination Act on the basis of her gender. She would have to argue that she is being discriminated against not as a woman—and the comparator would not be the rights that men get—but because she is a transsexual. British law does not cover that situation. The hon. Gentleman gave a useful example, which shows the distinction between the two forms of discrimination.
I share the view of the Joint Committee that
''there is a risk that the legislation in its present form might give rise to a violation of the right to be free of discrimination on the ground of status in the enjoyment of Convention rights, under ECHR Article 14. Gender reassignment affects a person's status, and the relationship with status will be still clearer when a person can obtain a gender recognition certificate with legal effects.''
That makes the point that after the passage of the Bill the Government are more liable to be subject to a successful action on that basis. The Joint Committee also says that
''the supply of goods and services, housing and education fall within the ambit of the rights under ECHR Article 8 and Article 2 of Protocol No. 1. Discrimination in those fields on the ground of gender reassignment may therefore engage the right to be free of discrimination under Article 14, taken together with those rights.''
That is a restatement of what I said earlier, and is the clear view of the Joint Committee.
It is not satisfactory that the Government, who have plenty of time to think about the issue, do not consider it a pressing need. Even though we do not have an amendment before us today, there will be a need to examine the matter at a later stage. I shall leave the Government to make their response, and I shall respond to that response—rather like the Joint Committee—when I speak at the end of the debate, but I would like the Under-Secretary to explain whether he feels that the Government will be able to resist claims made under articles 14, 8, and 2 of protocol 1. Is his confidence in that, and the legal advice that he has received, affected by the passage of this legislation, where the status is provided for formally by the Bill?
It is disappointing that the Government are proceeding so slowly on these matters. There have been moves supported by all parties for an embracing equality Act that would solve such problems once and for all. I would like to use this opportunity to lobby the Under-Secretary on that issue. He will not have to sit through proceedings such as these if he avails himself of the opportunity to take what he knows is the right step, which is to ensure once and for all that we provide protections, and the bodies required to police them, in a satisfactory way.