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Legal Opinion: Gender Recognition

Question for Ministry of Justice

UIN 53184, tabled on 22 September 2021

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 on

21 October 2021

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.