Question

To ask His Majesty's Government whether they plan to introduce legislation to make it illegal for a convicted rapist to obtain a gender recognition certificate to be recognised as a woman.

There are significant safeguards built into the process for obtaining a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004; not everyone who applies is granted one. Additionally, there are safeguards in place to ensure that the relevant authorities can manage the risk posed by sex offenders. These include a requirement for registered sex offenders to notify the police of any changes to their personal information such as change of name. Alongside this, His Majesty’s Passport Office monitors high-risk offenders to ensure they cannot obtain a new passport without police consultation. Failure to comply with requirements in this area is a criminal offence.

The Crime and Policing Bill will introduce a range of legislative changes which will strengthen the management of registered sex offenders, including where they aim to change their name.

Where the police consider it necessary to protect the public or children or vulnerable adults from sexual harm, they will be able to serve a notice on offenders requiring them to seek the police’s authorisation before applying to change their name on a specified identity document (namely, a UK passport, driving licence or immigration document).

Police will also be able to require registered sex offenders to notify them of an intended change of name at least seven days in advance of using it, or if that is not reasonably practicable, as far in advance of their using it as it is reasonably practicable.

We continue to monitor these arrangements to ensure they safeguard the public.