I have had a number of enquiries about the Health and Equality Acts (Amendment) Bill that is being proposed by Liz Truss.
This Private Members’ Bill, which seeks to address specific issues in relation to transgender or gender-questioning children and to redefine the meaning of “sex” in the Equality Act 2010, was scheduled to have its second reading on Friday 15 March.
It is disappointing that MPs did not have the opportunity to debate this Bill on its scheduled date. However, more broadly, the Government welcomes the sentiment set out in the Bill, and is clear that biological sex exists and matters, and is committed to maintaining the safeguards that allow organisations to provide single-sex services.
As you may be aware, the Government has already begun addressing these complex issues in a pragmatic and proportionate way and will continue to do so.
In October 2023, the Government announced that it will change the NHS Constitution to clarify patients’ rights to access separate and single-sex spaces in hospitals and address patient concerns about patient choice on intimate and personal care, ensuring that women have the right to access dedicated single-sex spaces.
The Government has welcomed the decision by NHS England to no longer routinely prescribe puberty blockers at gender identity clinics, which will help ensure that care is based on evidence, expert clinical opinion and is in the best interest of patients. I understand that it is expected the private sector will follow suit, and if a private organisation registered with the Care Quality Commission fails to meet the conditions of its registration, then the regulator can take enforcement action.
Additionally, the Department for Education and Minister for Women and Equalities have introduced guidance, which was developed alongside experts, to support schools both in relation to transgender pupils and those who are questioning their gender. This guidance is categorical that social transition is not a neutral act, and that social transition, in practice, should be extremely rare when the appropriate safeguards are put in place and the child’s best interest taken into account. You will be reassured to know that safeguarding should always remain a priority for schools, and that they have a legal duty to protect single-sex toilet spaces and maintain safety in single-sex sports.
I would like to assure you that the Government does recognise that more can be done in this area, which is why the Minister for Women and Equalities has commissioned detailed policy and legal analysis into the meaning of sex in the Equality Act, which is underway.
The next stage for the Health and Equality Acts (Amendment) Bill, Second reading, is scheduled to take place on Friday 19 April 2024.
I will be following developments closely and keep constituents updated.
