UK
Labour backs down on gender self-ID and will not follow SNP’s law changeDominic Penna
Mon, 24 July 2023
Anneliese Dodds at Pride in Soho, London with Labour's deputy leader Angela Rayner and leader Keir Starmer - NIKLAS HALLE'N/AFP via Getty Images
Labour has backed down on gender self-identification as the party confirmed it will not follow Nicola Sturgeon’s ill-fated trans law.
Party chairman Anneliese Dodds insisted “sex and gender are different” and that a formal diagnosis would still be needed for transgender people to receive treatment on the NHS.
Sir Keir Starmer, the Labour leader, previously pledged to change the law to allow trans people to self-declare their gender – echoing plans by Ms Sturgeon, which were vetoed in Westminster, to allow anyone over the age of 16 to self-identify without consulting a doctor.
Ms Dodds admitted in an article for the Guardian that Labour’s new position, which is expected to be taken forward into the general election, would “not please everyone” amid a backlash from her party.
“The requirement to obtain a medical diagnosis of gender dysphoria remains an important part of accessing a gender recognition certificate,” she wrote.
“We need to recognise that sex and gender are different – as the Equality Act does. We will make sure that nothing in our modernised gender recognition process would override the single-sex exemptions in the Equality Act.”
Ms Dodds accused the SNP of a “cavalier approach” to self-ID, adding: “The safeguards that were proposed to protect women and girls from predators who might abuse the system were simply not up to scratch.
“As a result, the Scottish Government is still picking up the pieces, with trans rights no further forward.”
Ms Dodd's said the Scottish Government is 'still picking up the pieces' of Nicola Sturgeon's ill-fated trans law - Peter Jolly
She reaffirmed Labour’s commitment to reforming the Gender Recognition Act (GRA) to make it easier for Britons to transition.
This would involve gender dysphoria being diagnosed by one doctor, in a break from the current setup which involves a panel of anonymous clinicians.
Sir Keir had promised the LGBT community in 2021 that he would take similar action to Scotland on self-ID in England and Wales if elected, telling PinkNews: “We are committed to updating the GRA [Gender Recognition Act] to introduce self-declaration for trans people.”
After the row triggered by Ms Sturgeon’s legislation, Sir Keir said “99.9 per cent of women… haven’t got a penis” and called for a “reset” of the transgender debate in Scotland.
Last month saw shadow domestic violence minister Jess Phillips urge the party to protect single-sex spaces in an apparent challenge to her leader.
Rosie Duffield, the Labour MP for Canterbury, has spoken of feeling “cold-shouldered” in the party over her gender-critical views, likening the experience to a past abusive relationship.
Pride Mardi Gla in Glasgow earlier this month called for support for trans people
- Skully / Alamy Live News
Scottish Labour distanced itself from Ms Dodds’s remarks with Richard Leonard, the MSP for Central Scotland, writing on Twitter: “Scottish Labour’s position on this is clear.
“We support self-ID for trans people and oppose the UK Government’s attempt to block the necessary reform we voted for.”
Paul O’Kane, the Scottish Labour social justice spokesman, said his party “continues to support the de-medicalisation of the process in Scotland”.
Anas Sarwar, the Scottish Labour leader who whipped his MSPs to support the SNP’s legislation, remained silent on the issue on Monday.
In a statement, the LGBT Labour pressure group said: “It is very concerning that the Labour Party are signalling a retreat on their policy of medicalised self-ID for the trans community at the next general election.”
However, Labour Women’s Declaration, a Left-wing gender-critical group which was refused a stall at the party’s annual conference in Liverpool last year, welcomed “the shift to support clarification of the definition of woman in the Equality Act and abandonment of self-ID”.
Labour rules out self-id in gender recognition reform U-turn
Andrew Learmonth
Mon, 24 July 2023
Shadow chancellor Anneliese Dodds
LABOUR reforms of the Gender Recognition Act will not include self-ID, the party’s shadow secretary of state for women and equalities has said.
That’s despite Sir Keir Starmer previously promising that he would scrap the need for a trans person to obtain a medical diagnosis of gender dysphoria before being eligible for a gender recognition certificate.
The shift in policy — outlined in a column for the Guardian by Anneliese Dodds — is also a humiliating rebuke for the leadership north of the border.
Last Christmas, Anas Sarwar whipped his MSPs to back the Scottish Government's Gender Recognition Reform Bill, which included so-called self-ID.
Ms Dodds described the legislation backed by her Holyrood colleagues as "simply not up to scratch."
Scottish Conservative MSP Murdo Fraser said the Scottish Labour leader should apologise for backing the legislation.
READ MORE: Sacked Tory MSP was 'punished' by Douglas Ross for backing gender law reform
In her column, Ms Dodds said that transgender rights needed “reform and leadership.”
She described both the Gender Recognition Act and the 2010 Equality Act as “one of Labour’s crowning achievements, not just of the last period of government, of any period.”
The frontbencher continued: “But now, in 2023, we have a much better understanding of the barriers trans people face.
“That is why Labour has committed to modernising the Gender Recognition Act. Changing gender is not a decision anyone makes lightly. The process is intrusive, outdated and humiliating.
“So we will modernise, simplify and reform the gender recognition law to a new process. We will remove invasive bureaucracy and simplify the process.”
HeraldScotland:
However, Ms Dodds said the law “must also protect legitimate applications.”
“Last year, the Scottish National Party’s cavalier approach to reforming gender recognition laws seemed to be more about picking a fight with Westminster than bringing about meaningful change.
“The safeguards that were proposed to protect women and girls from predators who might abuse the system were simply not up to scratch. As a result, the Scottish government is still picking up the pieces, with trans rights no further forward.
“We will not make the same mistakes," Ms Dodds added, despite the legislation being backed by Labour as well as the SNP, the Greens, the Lib Dems and a handful of Scottish Tories.
She continued: “The requirement to obtain a medical diagnosis of gender dysphoria remains an important part of accessing a gender recognition certificate.
“That’s especially the case now that gender dysphoria is no longer classified – and stigmatised – as a psychiatric disorder. It can help refer trans people into the NHS for support services – nearly a quarter of trans people don’t know how to access transition-related healthcare.
“Requiring a diagnosis upholds legitimacy of applications and confidence in the system.”
READ MORE: Sarwar refuses to criticise Keir Starmer over gender reforms concerns
Ms Dodds said Labour would “protect and uphold” the protected characteristics and provision for single-sex exemptions in the Equality Act.
She continued: “We need to recognise that sex and gender are different – as the Equality Act does.
“We will make sure that nothing in our modernised gender recognition process would override the single-sex exemptions in the Equality Act.
“Put simply, this means that there will always be places where it is reasonable for biological women only to have access.
“Labour will defend those spaces, providing legal clarity for the providers of single-sex services.”
Ms Dodds said she expected the policies to be “attacked from all sides, in good faith and bad.”
“But responsible politics is not about doing what is easy, it’s about doing what is right,” she added.
Labour’s 2019 manifesto, said the party was committed to “reforming the Gender Recognition Act 2004 to introduce self-declaration for transgender people.”
During the party’s 2020 leadership contest, Sir Keir Starmer told PinkNews: “Trans rights are human rights and I support the right to self identification.”
READ MORE: Court date set for challenge to UK veto over gender reform bill
Earlier this year, Humza Yousaf confirmed that the Scottish Government would take UK ministers to court over their veto of Holyrood’s Gender Recognition Reform Bill.
Scottish Secretary Alister Jack used Section 30 of the Scotland Act in January to use section 35 of the Scotland Act 1998 to prevent the Bill from gaining royal assent, despite being passed by MSPs.
He said the UK Government had concerns that the bill would have an “adverse impact” on UK-wide equalities law.
Responding to Ms Dodds' column, Murdo Fraser tweeted: "In this confused & rambling article, what sticks out is the attack on the SNP-Green @scotgov for legislating for self-ID in Scotland.
"So why on Earth did @AnasSarwar whip his MSPs to vote for it? And will he now apologise for this error?"
The Green MSP, Maggie Chapman said Ms Dodds had "shown a total lack of understanding about what has happened in Scotland."
She told The Herald: "Far from being 'cavalier', Gender Recognition Reform was one of the most scrutinised bills in the history of our Parliament and was supported by the overwhelming majority of MSPs, including most Labour MSPs.
"What Labour is proposing would go against the fundemantal principle of self-identification.
"Trans rights are human rights. Yet, over recent years in particular, we have seen some of the most vicious and disgraceful disinformation and smears used against our trans siblings.
"This is a time for pro-equality MPs and MSPs from all parties to speak out and stand up for what is right.
"Instead, Labour is threatening to U-turn on basic equality legislation that is already used around the world."
Scottish Labour Social Justice spokesperson Paul O’Kane said "Labour is committed to modernising and reforming the outdated and intrusive Gender Recognition Act, as well as ensuring exemptions in the Equality Act are upheld.
“Scottish Labour continues to support the de-medicalisation of the process in Scotland.”
Scottish Labour distanced itself from Ms Dodds’s remarks with Richard Leonard, the MSP for Central Scotland, writing on Twitter: “Scottish Labour’s position on this is clear.
“We support self-ID for trans people and oppose the UK Government’s attempt to block the necessary reform we voted for.”
Paul O’Kane, the Scottish Labour social justice spokesman, said his party “continues to support the de-medicalisation of the process in Scotland”.
Anas Sarwar, the Scottish Labour leader who whipped his MSPs to support the SNP’s legislation, remained silent on the issue on Monday.
In a statement, the LGBT Labour pressure group said: “It is very concerning that the Labour Party are signalling a retreat on their policy of medicalised self-ID for the trans community at the next general election.”
However, Labour Women’s Declaration, a Left-wing gender-critical group which was refused a stall at the party’s annual conference in Liverpool last year, welcomed “the shift to support clarification of the definition of woman in the Equality Act and abandonment of self-ID”.
Labour rules out self-id in gender recognition reform U-turn
Andrew Learmonth
Mon, 24 July 2023
Shadow chancellor Anneliese Dodds
LABOUR reforms of the Gender Recognition Act will not include self-ID, the party’s shadow secretary of state for women and equalities has said.
That’s despite Sir Keir Starmer previously promising that he would scrap the need for a trans person to obtain a medical diagnosis of gender dysphoria before being eligible for a gender recognition certificate.
The shift in policy — outlined in a column for the Guardian by Anneliese Dodds — is also a humiliating rebuke for the leadership north of the border.
Last Christmas, Anas Sarwar whipped his MSPs to back the Scottish Government's Gender Recognition Reform Bill, which included so-called self-ID.
Ms Dodds described the legislation backed by her Holyrood colleagues as "simply not up to scratch."
Scottish Conservative MSP Murdo Fraser said the Scottish Labour leader should apologise for backing the legislation.
READ MORE: Sacked Tory MSP was 'punished' by Douglas Ross for backing gender law reform
In her column, Ms Dodds said that transgender rights needed “reform and leadership.”
She described both the Gender Recognition Act and the 2010 Equality Act as “one of Labour’s crowning achievements, not just of the last period of government, of any period.”
The frontbencher continued: “But now, in 2023, we have a much better understanding of the barriers trans people face.
“That is why Labour has committed to modernising the Gender Recognition Act. Changing gender is not a decision anyone makes lightly. The process is intrusive, outdated and humiliating.
“So we will modernise, simplify and reform the gender recognition law to a new process. We will remove invasive bureaucracy and simplify the process.”
HeraldScotland:
However, Ms Dodds said the law “must also protect legitimate applications.”
“Last year, the Scottish National Party’s cavalier approach to reforming gender recognition laws seemed to be more about picking a fight with Westminster than bringing about meaningful change.
“The safeguards that were proposed to protect women and girls from predators who might abuse the system were simply not up to scratch. As a result, the Scottish government is still picking up the pieces, with trans rights no further forward.
“We will not make the same mistakes," Ms Dodds added, despite the legislation being backed by Labour as well as the SNP, the Greens, the Lib Dems and a handful of Scottish Tories.
She continued: “The requirement to obtain a medical diagnosis of gender dysphoria remains an important part of accessing a gender recognition certificate.
“That’s especially the case now that gender dysphoria is no longer classified – and stigmatised – as a psychiatric disorder. It can help refer trans people into the NHS for support services – nearly a quarter of trans people don’t know how to access transition-related healthcare.
“Requiring a diagnosis upholds legitimacy of applications and confidence in the system.”
READ MORE: Sarwar refuses to criticise Keir Starmer over gender reforms concerns
Ms Dodds said Labour would “protect and uphold” the protected characteristics and provision for single-sex exemptions in the Equality Act.
She continued: “We need to recognise that sex and gender are different – as the Equality Act does.
“We will make sure that nothing in our modernised gender recognition process would override the single-sex exemptions in the Equality Act.
“Put simply, this means that there will always be places where it is reasonable for biological women only to have access.
“Labour will defend those spaces, providing legal clarity for the providers of single-sex services.”
Ms Dodds said she expected the policies to be “attacked from all sides, in good faith and bad.”
“But responsible politics is not about doing what is easy, it’s about doing what is right,” she added.
Labour’s 2019 manifesto, said the party was committed to “reforming the Gender Recognition Act 2004 to introduce self-declaration for transgender people.”
During the party’s 2020 leadership contest, Sir Keir Starmer told PinkNews: “Trans rights are human rights and I support the right to self identification.”
READ MORE: Court date set for challenge to UK veto over gender reform bill
Earlier this year, Humza Yousaf confirmed that the Scottish Government would take UK ministers to court over their veto of Holyrood’s Gender Recognition Reform Bill.
Scottish Secretary Alister Jack used Section 30 of the Scotland Act in January to use section 35 of the Scotland Act 1998 to prevent the Bill from gaining royal assent, despite being passed by MSPs.
He said the UK Government had concerns that the bill would have an “adverse impact” on UK-wide equalities law.
Responding to Ms Dodds' column, Murdo Fraser tweeted: "In this confused & rambling article, what sticks out is the attack on the SNP-Green @scotgov for legislating for self-ID in Scotland.
"So why on Earth did @AnasSarwar whip his MSPs to vote for it? And will he now apologise for this error?"
The Green MSP, Maggie Chapman said Ms Dodds had "shown a total lack of understanding about what has happened in Scotland."
She told The Herald: "Far from being 'cavalier', Gender Recognition Reform was one of the most scrutinised bills in the history of our Parliament and was supported by the overwhelming majority of MSPs, including most Labour MSPs.
"What Labour is proposing would go against the fundemantal principle of self-identification.
"Trans rights are human rights. Yet, over recent years in particular, we have seen some of the most vicious and disgraceful disinformation and smears used against our trans siblings.
"This is a time for pro-equality MPs and MSPs from all parties to speak out and stand up for what is right.
"Instead, Labour is threatening to U-turn on basic equality legislation that is already used around the world."
Scottish Labour Social Justice spokesperson Paul O’Kane said "Labour is committed to modernising and reforming the outdated and intrusive Gender Recognition Act, as well as ensuring exemptions in the Equality Act are upheld.
“Scottish Labour continues to support the de-medicalisation of the process in Scotland.”
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