Asked by: Edward Leigh (Conservative - Gainsborough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the new edition of the Equal Treatment Bench Book, published in February 2021 and the Answer of 29 June 2021 to Question 19486, what legal advice was used to inform the information and guidance provided in Chapter 12 on Transgender People.
Answered by James Cartlidge - Shadow Secretary of State for Defence
No assessment of the effect of the Equal Treatment Bench Book is made by the Ministry of Justice. To preserve the independence of the judiciary, the Lord Chief Justice (LCJ), the Senior President of the Tribunals, and the Chief Coroner have statutory responsibility for judicial training. These responsibilities are exercised through the Judicial College, which also produces the Equal Treatment Bench Book.
Fair treatment is a fundamental principle embedded in the judicial oath and the Equal Treatment Bench Book is compiled by the judiciary to provide general guidelines for judicial office holders to apply as appropriate in any particular case. It is reviewed by a judicial editorial panel, with content from judicial experts and information from subject experts. The identities of the principal contributors appear in the Acknowledgments. The external documentary sources relied upon by the editors of the Bench Book are set out in full in the footnotes.
Asked by: Edward Leigh (Conservative - Gainsborough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to page 330 in Chapter 12 of the Equal Treatment Bench Book, what evidence exists to support the claim that It is important to be alive to the fact that the gender history of a person may be something an opponent litigant may seek to use in order to place pressure on them.
Answered by James Cartlidge - Shadow Secretary of State for Defence
No assessment of the effect of the Equal Treatment Bench Book is made by the Ministry of Justice. To preserve the independence of the judiciary, the Lord Chief Justice (LCJ), the Senior President of the Tribunals, and the Chief Coroner have statutory responsibility for judicial training. These responsibilities are exercised through the Judicial College, which also produces the Equal Treatment Bench Book.
Fair treatment is a fundamental principle embedded in the judicial oath and the Equal Treatment Bench Book is compiled by the judiciary to provide general guidelines for judicial office holders to apply as appropriate in any particular case. It is reviewed by a judicial editorial panel, with content from judicial experts and information from subject experts. The identities of the principal contributors appear in the Acknowledgments. The external documentary sources relied upon by the editors of the Bench Book are set out in full in the footnotes.
Asked by: Edward Leigh (Conservative - Gainsborough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference t to Chapter 12 of the Equal Treatment Bench Book, what assessment he has made of the effect on victims of violent and sexual assault of instances where those victims are instructed to use preferred pronouns instead of referring to their alleged attacker as a member of the sex that they experienced them to be.
Answered by James Cartlidge - Shadow Secretary of State for Defence
No assessment of the effect of the Equal Treatment Bench Book is made by the Ministry of Justice. To preserve the independence of the judiciary, the Lord Chief Justice (LCJ), the Senior President of the Tribunals, and the Chief Coroner have statutory responsibility for judicial training. These responsibilities are exercised through the Judicial College, which also produces the Equal Treatment Bench Book.
Fair treatment is a fundamental principle embedded in the judicial oath and the Equal Treatment Bench Book is compiled by the judiciary to provide general guidelines for judicial office holders to apply as appropriate in any particular case. It is reviewed by a judicial editorial panel, with content from judicial experts and information from subject experts. The identities of the principal contributors appear in the Acknowledgments. The external documentary sources relied upon by the editors of the Bench Book are set out in full in the footnotes.
Asked by: Edward Leigh (Conservative - Gainsborough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference the advice of Chapter 12 of the Equal Treatment Bench Book, what assessment has been made of the potential effect of the advice that the court may consider making reporting restrictions under section 4 of the Contempt of Court Act 1981 to prevent disclosure of a transgender person’s previous name and transgender history or it may direct a private hearing on the freedom of the press.
Answered by Chris Philp - Shadow Home Secretary
To preserve the independence of the judiciary, the Lord Chief Justice, the Senior President of the Tribunals, and the Chief Coroner have statutory responsibility for judicial training, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. These responsibilities are exercised through the Judicial College and are outside the remit of the Ministry of Justice which means that no assessment is undertaken by the Ministry of Justice of its effect.
The Equal Treatment Bench Book (ETBB), reviewed by a judicial editorial panel, with content from judicial experts and other subject experts including academics and external bodies, is a general guidance document designed to encourage effective communication between all court users. It is not legally binding on judges or court users, who are free to decide what is appropriate in any given set of circumstances.
The content referred to in chapter 12 reflects the current law in the Gender Recognition Act 2004 regarding the revealing of transgender history of applicants for a Gender Recognition Certificate. It is for individual judges to balance reporting restrictions with the requirements of open justice in any particular case involving a transgender person where transgender history is not at all relevant to the subject of the proceedings.