Debate Excerpts: Olivia Blake vs Seema Malhotra Debate: -

Gender Self-identification

Debate between Olivia Blake and Seema Malhotra

Monday 19th May 2025

(4 days, 6 hours ago)

Westminster Hall

Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)

- Hansard - - - Excerpts

It is a pleasure to serve under your chairship, Ms Furniss, and to respond to this debate, which has been held with tremendous respect for each other, for trans people and for the issues that we face in navigating through the situation, particularly after the Supreme Court ruling. I thank the hon. Member for South Cotswolds (Dr Savage) for the way in which she opened the debate and for her extremely powerful speech. Bringing the voices of the trans community into these debates is important indeed.

I am speaking of behalf on my hon. Friend the Member for Llanelli (Dame Nia Griffith), who is unable to be in the House due to a visit abroad. We will discuss the debate and the issues raised, and I am sure she will update the House on some of these matters in due course. I also thank all those who signed the petition and all hon. Members who have taken part in the debate.

I am proud to be a member of the party that introduced the Equality Act 2010, which many colleagues have referred to. It is indeed world-leading legislation, which has reflected our commitment to ensuring that every member of our society is treated with dignity and respect, and afforded the same basic rights as each other. Our commitment to those principles remains resolute, and I am sure that everyone who has participated in the debate can agree that they are at the heart of what we want our society to represent.

I will repeat one phrase that really stood out, which is that everyone has a right to be themselves. It is important that we keep in our minds those who, as has been talked about today, are feeling very insecure. While I may not be able to cover all the points, I will do my best to do so. I also want to give assurance that the comments that have been made are on record and have been heard by the Government.

As my hon. Friend the Member for Cannock Chase (Josh Newbury) mentioned, Labour Governments have a very strong history of promoting LGBT+ rights. From the decriminalisation of homosexuality under Harold Wilson’s Government in 1967 through the repeal of section 28 to the introduction of civil partnerships in the early 2000s, we have consistently led the way in advocating for legal equality and social progress for LGBT+ people. It was our then Labour Government that equalised the age of consent, extended adoption rights to same-sex couples, and introduced legislation aimed at combating discrimination and hate crime in the workplace. We laid the crucial groundwork for marriage equality and elevated LGBT+ issues to the forefront of public and political discourse—a legacy that I know Parliament, as well as colleagues in this House, will take great pride in.

The conversation surrounding rights, particularly those related to trans individuals, has sadly become increasingly divided and divisive, as this debate has so importantly highlighted. I think we all agree that it is necessary to approach this debate with honesty, respect and sensitivity to all viewpoints. It is in a similar vein that Lord Hodge, when delivering the Supreme Court judgment that sex means biological sex for the purposes of the Equality Act 2010, underscored the importance of not viewing the judgment as a

“triumph of one or more groups in our society at the expense of another”.

That has been referred to a number of times in this debate.

The entrenchment of division and ever-greater polarisation seeks only to move us away from holding the empathetic, meaningful and productive conversations that holistically address the issues that stem from this debate. That is why we have emphasised the importance of balancing all people’s rights, including those of trans people and of women, acknowledging that both groups have real, important and often shared concerns. On matters such as access to single-sex spaces, we understand these issues must be navigated sensitively. The Government’s position embodies a belief that it is both possible and essential to uphold protections for trans individuals while respecting women’s concerns regarding privacy, safety and dignity. Those points were also made very strongly and powerfully by my hon. Friend the Member for Wolverhampton West (Warinder Juss).

It is also important to recognise—I want to underscore this—that nobody should suffer or feel the fear that so many do today. It is so important to recognise how much words matter. We recognise that, for many trans individuals, the current climate is uncertain and it has become, in too many places, hostile. The Government are committed to ensuring that trans individuals are treated with dignity and respect. The statistics on hate crime and sexual assault that have been shared in the debate, and of which we are aware, must be of concern to all. We are committed to equalising all existing strands of hate crime as aggravated offences, to ensure that all LGBT+ people are fiercely protected under the law. Let me be unequivocal: trans individuals deserve the right to live free from discrimination, violence and fear. There is no place for transphobia in our society, just as there is no place for homophobia or biphobia.

I understand that the recent Supreme Court ruling in the For Women Scotland case has left many trans women feeling worried and concerned for their safety. I want to stress that there are also, rightly, laws in place to protect trans people from discrimination and harassment. That was true before the ruling; the Supreme Court ruling has also underlined that fact.

As has been referred to in the debate, the independent equalities regulator—the Equality and Human Rights Commission—is working to update its statutory code of practice, which will include advice for duty bearers on how to avoid discriminating against groups with protected characteristics, and it has committed to seeking views from all affected stakeholders. The consultation—

Olivia Blake

- Hansard - -

Does the Minister agree that six weeks is a very short time for that consultation to run? Initially it was two weeks. Would not 12 weeks, as has been the case for various pieces of consultation undertaken by the organisation, fit better with the big issue that we are talking about today?

Seema Malhotra

- Hansard - - - Excerpts

My hon. Friend will be aware that the consultation on the draft updated code opened today. I recognise the consensus that two weeks was too short, and people have already been contributing their views. Agreement has been reached with the Secretary of State for a six-week period, and I hope that during that longer period, those who have already put together their views and shared them can take forward that consultation. There will be extensive consultation with stakeholders, and everybody, including parliamentarians, will have the opportunity to contribute. We welcome the EHRC’s commitment to ensure that diverse voices are included and will be listened to. It is important to also recognise that the final draft of the updated code will be laid in Parliament and subject to scrutiny and consideration by both Houses in due course.