My Lords, it is a pleasure to follow the noble Baroness, Lady Fox of Buckley, and to support her Amendment 72 to Clause 15. I do so as a man, because I am not embarrassed to say that the safety, health and welfare of women is not just a women’s issue. It is an issue for men and women, and anything that compromises that is an issue of public interest.
It seems to me, reading the amendment, it is pretty axiomatic that it is a good thing and I hope Ministers will look very favourably on it. The wider context we need to look at, though, is the whole issue of gender-critical views. Noble Lords will know that in June 2021 in the Forstater ruling, it was found that it was not an ignoble thing to have gender-critical views. The premise that they were not worthy of respect in a democratic society was repudiated by Mr Justice Choudhury in that ruling, which overturned an employment appeals tribunal.
I also draw your Lordships’ attention again to the excellent report that the noble Baroness referenced, from the author Matilda Gosling and the Sex Matters organisation. The ruling found specifically that gender-critical beliefs are now legally protected from discrimination and harassment in employment and specifically—the key words—in respect of service users. To further quote from that ruling,
“it is clear from Convention case law that … a person is free in a democratic society to hold any belief they wish, subject only to ‘some modest, objective minimum requirements’”.
So a lack of belief in transgenderism and a lack of belief that someone can change their biological sex are both protected by the Equality Act 2010, provided that there is a reasonable expression and manifestation of that belief.
So I believe that this amendment should be in primary legislation because there is a concern among many women in many of these organisations that do superb work—refuges, counselling and support services, and rape crisis centres—that further guidelines without statutory impact and force will not actually deliver the results they need and want. This is about clarity in the Bill, but, more fundamentally, it is about the agency and autonomy of women in the most difficult circumstances imaginable—women who are damaged, women who are angry, women who are vulnerable and women who have been mistreated, in particular by men but also by society as a whole. It is about their agency and autonomy, and this amendment makes that specific.
It is not about bigotry or discrimination in respect of trans people, or biological men who identify as women. It is not that at all; it is important to put that on the record. The report referenced earlier by the noble Baroness, Lady Fox, gives much food for thought in terms of some of the impacts of self-censorship and a feeling that people have to change their policies in order to protect themselves from, sometimes, the pernicious attacks of trans activists, and their representatives and supporters in, for instance, Stonewall. That may give rise to things such as poor mental health, safety risks, self-exclusion, a poorer quality of service delivered, discomfort and forced compliance. So it exacerbates the very reason they had to access these services. Therefore, it is not just an arcane technical issue; it is about real-life, vital and imperative issues for a small group of women impacted.
I put on record my admiration for those women who have stood up and been counted on the gender-critical side in the so-called culture wars. It has taken great courage for them so to do. They include Maya Forstater, Jo Phoenix, Allison Bailey and Rachel Meade.
The wider context of the report is that the Government need to be seen—I hope that the Minister is mindful of the strength of feeling over this—to be taking real action and cutting through the confusion. The report says, among other things, that the GRA and the Equality Act 2010 need to be explicit in protecting women and the concept of women as a sex, and allow for information sharing. There is clear guidance on gender recognition certificates in the GRA with organisations, and those organisations should leave the Stonewall champion scheme and review their own training.
The Equality and Human Rights Commission also needs to issue guidance and model policies for organisations in the women’s sector, and for organisations with statutory bodies subject to the victims’ code. There should also be clear guidance for charity regulators, specifically on charities that provide single-sex as opposed to mixed-sex services.
This is a popular policy. In recent polling, the public are broadly behind this amendment in making the value judgment that it is important to have single-sex services for women in the most vulnerable position. I hope that the Minister will look favourably on the amendment; it has broad support across the House, and I support my friend, the noble Baroness, Lady Fox of Buckley.