Clause 4
Equality Bill
1:45 pm
Lynne Featherstone (Hornsey and Wood Green, Liberal Democrat)
Amendment 115 is intended to widen the definition of who is protected in transgender discrimination. On these Benches, we have a high degree of concern about the narrowness of the protection in the definition of gender reassignment. The issue is not just about reassignment, which is the medical end to a process. We would also have concerns if, additionally, it were about the process that leads only to medical gender reassignment.
This is a vulnerable group, perhaps one of the most vulnerable in society. It is also a small numerical group who, even at the medical end, have a low number of operations. That sits atop a spectrum of a whole range of people who have concerns or confusion about their gender identity. With young people—this is particularly supported by the European Court of Human Rights—there is a great deal of concern about those who have not reached a decision or found their way in terms of gender identity. A great many people have gender issues. In some countries, there is actually a third gender. That spectrum, which leads from slight confusion to actual medical gender reassignment at the other end, is very wide. People can find themselves anywhere on that spectrum. What I would like to hear is that this Bill—this legislation and protection—is so important that it is not just there for what can be identified medically, but for how people feel and where they find themselves in life.
The amendment to clause 7 defines what we would see as “gender identity”, not “reassignment”. We use the protective characteristic to protect all transgender—including gender variant people—while also allowing for more specific references to transsexual people, where appropriate. At the same time, if I leap across to the new clause, it would not have a chilling effect or prevent offensive jokes on gender presentation from inadvertently being covered by a protective characteristic.
One wants to be able to have entertainers such as Dame Edna Everage, for example, and not chill her out so that she cannot say anything. We think that the clause, on which Press for Change helped, delivers protection for all those characteristics and all those people on the spectrum wherever they find themselves, but does not affect life in terms of entertainment or humour.
Most of the amendments are consequent on the lead amendment being enacted. I disagree with the argument that the amendment is not necessary because it could be caught by other protections. It is so important, and it would be wonderful if we could give an explicit and unambiguous protection for those who are not so definite about where they are on the spectrum and who are not definite about reaching the other end. Many people never get to the medical operation or even near it. The protection extends to how people feel about their gender rather than what they are medically.
The new clause would also provide future-proofing for the Bill because, once amended, it would be in line with the international human rights, equality and diversity statements, the recommendations of the United Nations, the Yogyakarta principles, the Council of Europe, the EU and others, ensuring that the Bill will not suddenly fall foul of a claim in this area in the next couple of years.
It is important to include the term “gender variant”, because it allows the Bill to protect children or adolescents without requiring them to choose gender reassignment at a stage in their lives when their identities are still flexible and forming. Much change happens in those adolescent years. If there is any criticism of the amendment for not being perfect, which is entirely possible, I would be grateful if the Government were to ask their officers to look for any unintended consequences. The intention of the amendment is so important, I am anxious that we get it right. I am happy for the Government to take that away, should they be so minded, so that we do not narrow down the protection to the very few who need it but leave out the vast number of people who live in a far less certain world in the process to medical gender reassignment.