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Amendment Paper as at
Tuesday 25th May 2004

CONSIDERATION OF BILL


GENDER RECOGNITION BILL

NEW CLAUSES

Religion

   

Mr Edward Leigh
Mr Joe Benton
Mr Colin Breed
Jim Dobbin
The Reverend Martin Smyth
Andrew Selous

NC1

To move the following Clause:—

    '(1)   If a court's determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right.

    (2)   In this section "court" includes a tribunal.'.


Application following issue of an interim gender recognition certificate

   

Hugh Bayley
Mr Frank Field
Andrew Selous
Lynne Jones
Dr Evan Harris
Mark Oaten

NC2

To move the following Clause:—

    '(1)   The petitioner or respondent for annulment or dissolution of a marriage under section 12(g) of the Matrimonial Causes Act 1973 may apply to the court to order that—

      (a) all rights and benefits of any private pension scheme, or

      (b) all property rights, or

      (c) both

       should continue to subsist following the annulment or dissolution of marriage provided that the petitioner and respondent can satisfy the court that both parties to the existing marriage intend to live together as partners.

    (2)   In this section—

      (a) a "private pension scheme" means—

      (i) an occupational pension scheme,

      (ii) a personal pension scheme, or

      (iii) a stakeholder pension scheme,

       of which either the petitioner or respondent was a member before the application for annulment or dissolution of the marriage.

      (b) "property rights" means the right in any property, whether real or personal, owned jointly by the parties.

      (c) "court" means the court hearing the petition for divorce.

    (3)   For the purposes of this Act, a couple "live together as partners" if subsection (4) or (5) applies.

    (4)   This subsection applies if—

      (a) none of the provisions of sections 1, 11 or 12(a) to 12(f) of the Matrimonial Causes Act 1973 apply;

      (b) the couple live together;

      (c) the couple retain their responsibilities in relation to any existing dependants; and

      (d) the couple maintain existing financial support for one another.

    (5)   This subsection applies if the couple have—

      (a) registered as a civil partnership, or

      (b) given notice of a proposed civil partnership to a registration authority,

       under the Civil Partnerships Act 2004.

    (6)   Any order made by the court under subsection (1) shall be void if the circumstances set out in subsection (3) cease to apply.

    (7)   An appeal against any order made by the court under subsection (1) shall be heard by the court.

    (8)   An appeal under subsection (7) must show that the circumstances set out in subsection (3) cease to apply.

    (9)   Any person may show cause why an order made by the court under subsection (1) should not be made by reason of material facts not having been brought before the court; and in such a case the court may—

      (a) notwithstanding anything in subsections (6) or (7) above, make the order;

      (b) rescind the order;

      (c) require further inquiry; or

      (d) otherwise deal with the case as it thinks fit.


Olympic athletes

   

Mr Tim Boswell

NC3

To move the following Clause:—

       'Unless and until the International Olympic Committee publishes a policy on participation by transgendered people, athletes resident within the United Kingdom and wishing to compete in the Olympic Games shall be required to inform their National Olympic Committee if a gender recognition certificate has been issued to them under the provisions of this Act.'.


Marriage between transgendered persons

   

Mr Tim Boswell
Lynne Jones

NC4

To move the following Clause:—

    '(1)   This section shall have effect in connection with marriages between two persons both of whom have subsequently applied for and received an interim gender recognition certificate under section 4(3) of this Act.

    (2)   Both parties to a marriage who have each received an interim gender recognition certificate under subsection (1) may jointly apply to a gender recognition panel for the issue of a full gender recognition certificate to each of them, and in such cases the Gender Recognition Panel may confirm the continuing validity of the marriage between them.'.


Disclosure of purposes of Criminal Records Bureau checks

   

Mr Tim Boswell

NC5

To move the following Clause:—

       'It shall be a defence against any charge of the disclosure of protected information under section 22 that the information was disclosed by an individual in connection with Criminal Records Bureau checks; and it is an offence for any person who has obtained a gender recognition certificate to fail to disclose in any such application that he or she has obtained a gender recognition certificate.'.


Changing and washing facilities

   

Mr Andrew Selous

NC6

To move the following Clause:—

       'Nothing in this Act shall prejudice the rights of the management of facilities where there are gender specific changing and washing areas, such as open showers and open sports changing areas, to regulate their procedures as they see fit, providing reasonable provision is made for transsexuals.'.


Successful applications: married couples

   

Mr Andrew Mitchell
Mark Oaten
Dr Evan Harris

NC7

To move the following Clause:—

       'If an interim gender recognition certificate has been issued to a person under section 4(3) an application may be made to the Secretary of State to award a full gender recognition certificate without the provisions of Schedule 2 or section 5 having effect if—

      (a) neither party to the marriage wish the marriage to be dissolved or annulled,

      (b) both parties to the marriage can show they intend to continue living together, and

      (c) the marriage took place before the date of Royal Assent of this Act.'.


   

Mr Andrew Selous

7

Page     2,     line     16     [Clause     3],     leave out paragraphs (a) and (b) and insert—

      '(a) a report made by a registered medical practitioner recognised as currently practising in the field of gender dysphoria in the United Kingdom, and

      (b) a report by a registered medical practitioner who has an entry in the specialist register held by the General Medical Council which confers their eligibility to practise as a consultant psychiatrist within the National Health Service.'.

   

Mr Andrew Selous

8

Page     2     [Clause     3],     leave out lines 24 to 27 and insert—

      '(a) a registered medical practitioner recognised as currently practising in the field of gender dysphoria in the United Kingdom, and

      (b) a registered medical practitioner who has an entry in the specialist register held by the General Medical Council which confers their eligibility to practise as a consultant psychiatrist within the National Health Service, includes details and justification of the diagnosis of the applicant's gender dysphoria.'.


   

Mr Andrew Selous

13

Page     3,     line     1     [Clause     3],     after 'applicant', insert 'or members of the applicant's family'.

   

Lynne Jones
Mark Oaten
Dr Evan Harris

16

Page     3,     line     31     [Clause     5],     leave out from '(1)' to end of line 32.

   

Lynne Jones
Mark Oaten
Dr Evan Harris

17

Page     3,     line     34     [Clause     5],     leave out 'within that period'.

   

Lynne Jones
Mark Oaten
Dr Evan Harris

18

Page     3,     line     36     [Clause     5],     leave out from 'time' to end of line 39.

   

Mr Tim Boswell

5

Page     3,     line     38     [Clause     5],     leave out 'six' and insert 'twelve'.

   

Mr Tim Boswell

6

Page     3,     line     39     [Clause     5],     at end insert 'provided that the period does not exceed twenty four months since the interim gender recognition certificate was issued.'.


   

Mr Andrew Selous

14

Page     4,     line     37     [Clause     8],     at end insert ', however, this will not affect the right of the appellant's family to offer evidence in accordance with section 3(6)(c).'.


   

Mr David Lammy

3

Page     8,     line     42     [Clause     21],     at end insert—

    '(6)   Nothing in this section prevents the exercise of any enforceable Community right.'.


   

Mr Edward Leigh
Mr Joe Benton
Mr Colin Breed
Jim Dobbin
The Reverend Martin Smyth
Andrew Selous

1

Page     9,     line     37     [Clause     22],     at end insert—

    '(ha)   the disclosure is made between officials of a voluntary organisation which is also a religious organisation, in connection with its functions, and is necessary to,

      (a) comply with the doctrines of the religion, or

      (b) avoid offending the religious susceptibilities of a significant number of the religion's followers.'.


   

Mr Andrew Selous

9

Page     12,     line     15     [Clause     27],     leave out paragraphs (a) and (b) and insert—

      '(a) a report made by a registered medical practitioner recognised as currently practising in the field of gender dysphoria in the United Kingdom, and

      (b) a report by a registered medical practitioner who has an entry in the specialist register held by the General Medical Council which confers their eligibility to practise as a consultant psychiatrist within the National Health Service.'.

 
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Prepared 25 May 2004