Government Response

The Government responded to this petition on Thursday 4th April 2024

Biological sex clearly exists and matters. There are processes in place for those who wish to change their legal sex. A statutory public inquiry is unnecessary given Government action in this area.

The Equality Act 2010 provides protection against discrimination, harassment and victimisation on a number of grounds (protected characteristics). Protected characteristics in the Act are: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

The Government is addressing a number of specific issues in this area. The Minister for Women and Equalities has made clear her views on this issue - biological sex clearly exists and matters. The Government also believes in the principle of individual liberty and in the humanity and dignity of every person. There are processes in place, with the right checks and balances, to allow for those who wish to legally change their gender to do so.

As the Minister for Women and Equalities set out in her letter of 21 February 2023 to Baroness Falkner, Chair of the Equality and Human Rights Commission (EHRC), she is concerned that the Equality Act may not be sufficiently clear in the balance it strikes between the interests of people with different protected characteristics, particularly in the case of the protected characteristics of ‘sex’, ‘gender reassignment’ and ‘sexual orientation’. The Minister for Women and Equalities regularly seeks advice from the EHRC as part of her role. It is right that the Government continues to keep legislation under review, ensuring that it is effective.

In relation to children, in December the Department for Education published for consultation comprehensive draft guidance for teachers on how to support pupils questioning their gender. Parents, teachers, and school leaders were encouraged to respond to the 12-week consultation, which closed on 12 March. We thank everyone for their engagement with the consultation and will set out details on next steps shortly. The draft guidance places beyond doubt the fundamental principle that parents should be involved in decisions about their children’s lives, and that significant decisions affecting a child’s future should not be taken without parents being involved. It makes clear that schools do not have to accept a child’s request to socially transition, removes any confusion about the protections that must be in place for children of both sexes and the need for single-sex spaces. It reaffirms that safety and safeguarding for all children must always be schools’ primary concern.

More generally, it’s important children and young people with gender dysphoria and those questioning their gender, receive the support they need through the health system. We welcomed Dr Cass’s recommendations in her interim report in March 2022, and look forward to publication of her final report soon.

We must protect free speech and allow open discussion. The Government listens to all views and takes an evidence-based approach to understanding the impact of the law. We are a fair society that values academic independence and tolerates differences in views, including different beliefs and religious views.

We believe a statutory public inquiry is unnecessary given all the work the Government is undertaking in this area.

Cabinet Office