Clause 19 - Sport
Gender Recognition Bill [Lords]
2:45 pm
Mr Tim Boswell (Daventry, Conservative)
Perhaps not in such terms, but I am well aware from the work that my friends whom I have cited have done that there has been some concern, which they have pursued with the governing bodies to a satisfactory outcome. In parenthesis, the IOC, which was considering the issue parallel to them, has no further observations to make. The Minister may want to include that in his concluding remarks.
I say to the hon. Lady that of course the clause is not a blank cheque for discrimination. I would share her concerns if it were. It ties exclusion to two objective tests that ultimately could be heard by the courts. I think that we all wish that that sort of thing should not get to the courts. The tests are those of fair competition and the safety of competitors. If push came to shove, a governing body would have to justify itself. Basically the problems are, in certain cases, real and have been wrestled with by governing bodies in the past in relation to shot-putters, weightlifters and so on. They do not arise simply in relation to transsexual people, and I do not wish to pretend that they do. I do not think that the debate has been conducted in tabloid terms and I do not intend to change that.
There could be difficulties for some governing bodies in particular areas where there is a clear sex or gender advantage, especially in a minority sport where the governing body would not have huge resources to resist the challenges. The other aspect of the matter is that, where there has been settled practice for dealing with these difficult issues, it has generally worked fairly for all competitors. There is also a duty to competitors not in that position. So, while I understand the difficulties of the issue and where the hon. Lady is coming from, and look forward to the Minister's response, I do not seek to encourage him to accept the amendment.