The UK is losing robust data on sex and the framing of the sex question in the 2021 census is set to make the situation worse. The sex question in the 2021 census will ask whether a person is…
A fork in the road? Comparing plans for gender recognition reform across the UK
Over the weekend, it was reported in The Sunday Times that the UK Government is scrapping plans to allow individuals in England and Wales to change legal sex simply by making a statutory declaration (often referred to as self-identification). The…
MBM statement on the suspension of GRA reform
We welcome today’s formal statement on the Scottish Government’s plans in relation to the Gender Recognition Reform Bill. The government has confirmed that work on the Bill is being suspended, as part of its response to the current emergency. The…
From medical assessment to affirmation: legal gender self-declaration in Ireland
Cited by the Scottish Government as its main example of ‘international best practice’, in 2015 the Irish Government passed the Gender Recognition Act. Yet the vast majority of Irish people have little or no awareness of the degree of legislative…
A tale of two letters: whose views count?
Introduction Since November 2018, an intense debate has broken out over whether the sex question in the 2021 census should be framed in terms of self-declared gender identity, legal or biological sex. We have previously argued that we think that…
Scottish Government response to our questions on reforming the Gender Recognition Act
On 6 January 2020 we wrote to the Cabinet Secretary for Social Security and Older People Shirley-Anne Somerville, with a set of questions about the Scottish Government consultation on gender recognition reform and draft Bill (our original letter is shown…
Is the Scottish Government seeking to build consensus on gender recognition reform?
In an interview with STV broadcast on 20 February 2020, Cabinet Secretary Shirley-Anne Somerville stated that she is “absolutely determined” to press ahead with reforms to the Gender Recognition Act 2004 (GRA) to allow a person to change their legal…
Comparing the 2004 Act and the Scottish Government draft Bill: what changes with self-declaration?
Introduction The Gender Recognition Act 2004 (GRA) at present has two elements. It specifies what characteristics a person must already have to be entitled to apply for a Gender Recognition Certificate (GRC) (i.e. what they must be), and separately, what…
Improving the Gender Recognition Certificate process: a point of consensus?
Introduction Under section 3(3) of the Gender Recognition Act 2004 (GRA) a person applying for a Gender Recognition Certificate (GRC) is required to tell the Gender Recognition Panel (GRP) about their past “treatment for the purpose of modifying sexual characteristics”…
Briefing Note: Impact of Gender Recognition Reform on Sex Based Rights
This briefing note provided to us by Employment Solicitor Rebecca Bull examines the interaction between the Equality Act 2010 (“EqA 2010”) and the Gender Recognition Act 2004 (“GRA 2004”). The note can be accessed here: Impact of gender recognition on…
