Thread by @GenderGP

We're live tweeting the select committee meeting into the Reform of the Gender Recognition Act, it's just starting now...

The GRA is a little outdated, it came from 2004 when there wasn't equal marriage or the pension act, says Barrister Robin White

Karon Monaghan QC says one of the difficulties with the GRA is that it conflates gender and sex. She says sex is about biology and gender is about social attributes. She says there is a lack of clarity in the criteria to get a GRC

Barrister Robin White says "there is a social aspect and a legal aspect and defining the edges of that is not easy."
#GRAReform

Barrister Naomi Cunningham says section 9 is unclear and needs a lot of clarity. #GRAReform

In relation to parental leave, Robin White says she advised an employer with regard to a trans couple and parental leave. Karon Monaghan says she thinks the person who has given birth should enjoy all the rights of parental leave and maternity rights #GRAReform

Naomi Cunningham says it is "all but inconceivable" that this possibility (of parental leave given to the trans woman) was thought of in the construction of the GRA, and that when it was created they assumed the numbers getting a GRC would be very small

We're dealing with small number of trans women wanting to adopt, says Robin White. She says there are a raft of complex and difficult situations that could cause litigation as a result of the act. #GRAReform

There is a danger of entrenching stereotypes, which is problematic says Karon Monaghan. "I don't understand why you should have to show that you've been living in the gender you're hoping to acquire for two years" as the cost of that is the impact on social norms, she says

"You can't apply until you're 18" says Robin White, she asks what it achieves to make people wait, and speaks of trans youth who have spent years living in their authentic gender. #GRAReform

"In Ireland there is no requirement to live in your gender for two years" says Sally Brett. All panelists largely agreed that aspect of the act is not good for women, in the way it enforces stereotypes. #GRAReform

"The stats on detransition are between 1 and 3% of people who express some kind of regret." says Robin White. The GRA offers no straightforward method to go back if needed, she says. "Different wording might be sensible".

"Transition makes serious demands on the rest of society, it's not reasonable to expect everyone to use different pronouns or make difficult accommodations" says Naomi Cunningham, she adds that people should have an intention that their transition is for life. #GRAReform

"There should be a commitment and a declaration that it be a permanent state" says Karon Monaghan, regarding people applying for a GRC.
"There is no easy way to go backwards" says Robin White. #GRAReform

Sally Brett says some trans people are uneasy about the lack of transparency about the panel and that you have no idea who is going to be looking at your private information. #GRAReform

Robin White says she would be happy to go before a register and make a declaration but the idea of submitting herself to a panel for validation..."we don't do that to anyone else...we don't make people go off to a panel to find out if they are gay enough" #GRAReform

Naomi Cunningham says people should have an option to appear before the panel but only if they want to. #GRAReform

There has never been a prosecution under section 22, "I don't think criminal law has a place in this part of society" says Robin White.
#GRAReform

"Section 22 is frightening for HR people and they come to lawyers about it. I think perhaps there should only be an offense if someone did something deliberate." says Robin White.

#GRAReform

Sally Brett says there are situations where tabloid media might pay the costs for the sake of a story, if it wasn't a criminal offense under section 22. #GRAReform

Naomi Cunningham says section 22 creates a "chilling effect" in society.

#GRAReform

Karon Monaghan says that gender reassignment is concerned with protecting trans people and the act separately protects females and males against sex discrimination. Generally a trans person with a GRC will be treated the same as a man or a woman. She says there are exceptions

Naomi Cunningham says the single sex exceptions in the equality act are commonplace, they are the justification for women only change rooms, etc. "The ability to exclude male people from spaces...are founded on differences of biological sex."

Naomi says "in practice it makes no difference if someone has a certificate or not." It doesn't impact on the dignity and safety of women, or their consent. "To override that is seriously concerning." #GRAReform

There is a gap in protection in the law, says Robin White. "Gender recognition only protects people going from one end of the binary to the other end of the binary."
Karon Monaghan says Non binary people are already protected under other acts. #GRAReform

Naomi Cunningham says the trend to widen the definition of transphobia is "worrying". The Gender Critical position is reflective of the position of the law, she says. Naomi says they are worried about freedom of speech. #GRAReform

Robin White says the term gender reassignment is an outdated term. "It's more common to say gender confirmation. Transexual is also outdated as it appears to bring in sexual orientation." There is evidence that gender identity as a protected characteristic works well.

Karon Monaghan says there is a difference between free speech & harassment. "It's one thing in a work environment to deliberately misgender someone", she says it's quite different to express the views of gender critical feminists. Karon says some of her views are gender critical

Naomi Cunningham says the problem with replacing "transsexual" with "transgender" is that the word transgender has such a wide meaning now. She attributes this to the Stonewall organisation. She wonders if another term needs to be created for the law. #GRAReform

Naomi is being questioned about her recent blog post about companies who signed up to Stonewalls diversity program where she says that companies and organisations are having their policies "tweaked" or changed by Stonewall. She says this is a risk for these companies #GRAReform

Naomi lists a range of issues she considers to be a risk and examples indirectly discriminating "against female employees by withdrawing their access to single-sex toilets"

Naomi Cunningham also says the NHS may put trans staff in the awful position of "imposing" them on someone who has asked for a female health provider, which she says "is a horrible risk" to both trans healthcare provider and patient. #GRAReform

"The fact that a trans woman has a GRC does not mean that a service provider or employer can't exclude them if single-sex exceptions apply." says Karon Monaghan. #GRAReform

Karon Monaghan says there are criteria and constraints, it can't be based on discrimination when it comes to the exemptions in the equality act. #GRAReforms

Naomi Cunningham says that some employers think they're not allowed to ask. She says "section 22 has a chilling effect".
"If an employer finds you got the job by deception they are entitled to sack you."
#GRAReform

Naomi Cunningham says "The exceptions (for single sex spaces) are commonplace. It should be a matter of consensus that if a space is for women only, then only women will access it." #GRAReform

Naomi Cunningham says "In almost every case of single-sex spaces it (the exclusion) is based on biological sex." #GRAReform

Robin White says "What we're effectively doing, is allowing discrimination. Because it is allowing discrimination, it has to have a legitimate aim. How would be legitimate or proportionate to exclude me from the toilet in a supermarket?" #GRAReform

Naomi Cunningham says the best way around this is to provide gender-neutral spaces to accommodate everyone without affecting anyone's privacy. #GRAReform

Karon Monaghan says "self ID is less of an issue", we have the requirement of a diagnosis of gender dysphoria, and the 2 year period. "Is there such a thing as gender dysphoria in a medical sense? Why do we need people to go for 2 years that isn't just gender stereotyping?"

Karon asks what are the consequences of self ID? She says we need to be sure that the exceptions in the equality act are understood. "More important than getting the GRC is what it means when you get one?" #GRAReform

Robin White says there should be a formal declaration for self ID. Sally Brett says the law society supported amove to self ID and the reclassification by WHO that trans isn't a mental illness. "We shouldn't have doctors diagnose and gatekeep your legal identity." #GRAReform

Naomi Cunningham says her group are "very troubled" by the idea of making GRC a self ID process. Naomi says self ID would "massively expand the category of people" who could apply. She says the change in law was "to accommodate a tiny minority with a rare medical condition"

Naomi Cunningham says "self ID will have dangers for women".
"Our view is it at least makes it more complicated."
#GRAReform

"The word biological doesn't appear anywhere in the act." says Robin White. She asks, "If we redefine it or add in a definition, what is the consequence of doing that?" she asks will it create a category of people in a box who are treated differently by society? #GRAReform

Naomi Cunningham says "If an individual has unspent convictions against women then that a should be a reason for revoking a GRC...That is something that is fundamentally incompatible with being a woman." #GRAReform

Robin White says that we would need proper evidence from people who deal with the rehabilitation of offenders to look at this issue. Karon Cunningham says in prisons "there are genuine concerns about trans women who have committed sexual offenses as men". #GRAReform

Some of the submissions were around the amount of definitions like non-binary etc. Naomi Cunningham says she is not aware of a cogent case that there is discrimination happening on the grounds of being non binary etc. #GRAReform

Sally Brett is calling for updated terminology to reflect the language that the people the GRA is supposed to protect would use. She says "There is evidence that Non Binary and other people do suffer similar issues of harassment and discrimination in the workplace." #GRAReform

And that's a wrap people. If you want to read a bit more about the process of getting a Gender Recognition Cert (as it stands), we have a post about it here, gendergp.com/what-does-it-t…

And fyi, the GenderGP approach is not one of gatekeeping gendergp.com/gendergps-appr…