
‘The Supreme Court gender ruling had given us clarity. Now this Labour law will torpedo that'
Henrietta Freeman is a quadriplegic 31-year-old who cannot speak and relies on around-the-clock care to help with just about every aspect of her life. Perhaps understandably, given the nature of that care, she insists on her carers being female.
But now she fears that a Government bill days away from becoming law will undermine her ability to guarantee that she is only cared for by someone who is biologically female.
'I need this care to maintain my comfort, dignity and safety,' she says. To Freeman, who has a neuromuscular condition which continues to worsen, Labour's bill is a 'threat to disabled women who require same-sex care'.
She's not alone in her concerns.
Women's rights campaigners have been warning ministers that the bill, which is intended to introduce a new digital ID system, will play havoc with the ability of companies such as gym chains and public bodies like the NHS and police to ascertain someone's sex – just after the Supreme Court ruling intended to bring much-needed clarity.
The bill will allow people to prove their identity and facts about themselves by using a new voluntary Government app that is linked to what the bill calls 'digital verification services' (DVS), backed by a government 'trustmark'. It will draw data from a number of sources but the bodies being presented with the app won't be able to tell which documents it is relying on.
That means that if the app states that the user is 'female', that information could, in theory, either be based on the sex stated on their passport or driving licence – which they could have arranged to have changed from their biological sex – or their birth certificate, which cannot be changed.
To worsen matters, says Helen Joyce, of the women's rights charity Sex Matters, under the new system the app will have to be 'treated as more authoritative than any pre-existing record – or the evidence of your own eyes.'
In practice, she says, 'if you have a man [seeking] gym membership and he has a digital ID saying he's female, you're going to have to accept that. Currently it's your choice what you would do with a passport with 'F' [for female] on it. It would be difficult to say no to him going into the ladies' changing rooms or toilets, but not impossible.
'But if you've signed up for the 'digital verification services' you will have to accept Government sources as authoritative.'
On Wednesday, the Conservatives attempted to amend the bill so that sex data would be taken solely from birth certificates. The amendment was defeated by 363 votes to 97, meaning the bill will now move onto its final stage – the third reading – before becoming law.
Tory MPs had previously warned that 'inaccurate data entrenched by the Bill' could 'pose a risk' to vulnerable people, but the MP for Walthamstow, Stella Creasy, was among many Labour MPs who criticised the Opposition amendment, calling it 'a targeting of the trans community which is deeply regressive.'
Heather Binning, chief executive of the Women's Rights Network, agrees with the Conservatives' concerns. She says that the new law will essentially introduce gender self-identification – a system which involves the state adopting whichever gender an individual chooses to be known by – 'through the back door'. 'It flies in the face of the Supreme Court ruling,' she says. 'It will be mayhem if it goes thorough as it is. If official documentation says a man is a female with the new system, employers and others will be inclined to accept it. This part of the Bill needs to be scrapped.'
One King's Counsel (KC) specialising in equality law agrees that the digital ID 'is in danger of becoming a de facto gender recognition certificate', which allows individuals to legally change their gender.
For example, it could lead to incorrect medical treatment being provided for a person whose biological sex is recorded inaccurately. One GP explained how she had witnessed a woman who identified as a man receiving an initial diagnosis for an appendectomy, but when the consultant and anaesthetist later saw the patient they decided to ask about her biological sex. Having established that she was a biological woman, the clinicians reassessed her and she was confirmed to have had a gynaecological problem. As such, this lack of correct data could also put trans people at greater risk in a medical emergency. It could also cause a care agency to send a male nurse or care worker who identifies as a woman to provide intimate care to a female patient at home.
'The proposed Data Bill will put disabled people, particularly women, at more risk than they are already,' says Freeman. 'Every instance of a disabled woman being made to feel uncomfortable, or even worse, will be the responsibility of those who voted it through as well as the disability charities who have stayed silent.'
Alice Sullivan, the University College London sociology professor who wrote the Government-commissioned review on errors in the state's handling of data on sex and gender, warns that 'the thing with data is, garbage in, garbage out'.
'This Bill could be a really good opportunity to correct all these problems at source. If they implemented the recommendations of my review they would be correcting the data on the sex variable. Any data that is not reliable simply shouldn't be going into this system, because it will lead to contradictions - people can have different documents saying different things about their sex and you only want correct information.'
The Department of Science, Innovation and Technology declined to comment.
The area this is likely to affect most acutely is healthcare. 'This feels potentially dangerous,' says Elaine Miller, a physiotherapist from Edinburgh and affiliate to ScotPAG, a health group of Scottish professionals advising on gender. 'It already happens that women require single-sex care and because care agencies are short staffed the women get sent a man. If the new rules mean biological men are recorded as women, that's still the same problem. If a woman asks for single-sex care it should be honoured and if a new system makes that more difficult to regulate then that's a new problem. If it's introduced as it is it could take years to fix.'
Many firms and public bodies might welcome the new ID system on the basis it is Government backed and therefore assumed to be trustworthy. But there are fears that some could use it to avoid any problematic decisions about single-sex care for vulnerable or elderly patients.
'There are plenty of areas in which sex matters – it goes far beyond toilets,' says the KC, who asked to remain anonymous. 'Of more concern is intimate care provision for people with disabilities, working in a rape crisis centre – people working in these fields need to know what the sex of the person wanting to work there is. They don't want to know what their gender identity is.
'It's preposterous to argue you can replace data about sex with gender identity. Gender is not a legal category so why would you need to record it? It would only be useful if you wanted to deceive someone about your biological sex and the whole point of having data and having this new ID app is to be able to prove things about yourself.'
Healthcare professions say that the recording of sex and gender have already become muddled within the NHS and that the bill is a recipe for worsening the problem. An employment tribunal in Scotland is currently hearing the case of Sandie Peggie, a nurse with 30 years' experience, who was suspended for alleged bullying and harassment after objecting to sharing a female changing room with a doctor who was born a biological man and identifies as a woman.
'The NHS needs to know which of its patients and staff are male and which are female in order to fulfil its public service equality duty,' says Samantha*, a director of service transformation at an NHS trust. 'If the data used for the digital ID is not accurate it drives a coach and horses through public bodies' duty of care. The law says this must be achieved via biological sex, but data sets that don't accurately record sex cut across all that. The same applies to chaperones for intimate care. That's unacceptable and potentially unlawful because the patient did not consent to it. The new ID scheme would make the operation of the NHS really difficult.'
Sally Wood, 57, an NHS therapist from Portsmouth, agrees. 'I work with very vulnerable people, including people with severe brain injuries,' she says. 'I became worried about how staff would present themselves as different to their biological sex because sex segregation is one of the primary forms of safeguarding we have. If we are lying to patients we are breaking our ethical principles. In the NHS they will record the sex as whatever an individual wants.'
The potential ramifications of the bill even extend as far as dating sites, on which it would be possible to create an account with Government-backed verification of a person's sex even though that would be the opposite of their biological sex. Campaigners say this could facilitate 'catfishing' – people online using deception to strike up relationships.
Those familiar with the Bill as it is currently written are concerned it paves the way for a scandal waiting to happen, akin to the SNP's endorsement of trans activism. In Scotland, Isla Bryson, a biologically male transgender rapist, was initially taken to a women's prison, and Nicola Sturgeon drew fierce criticism for refusing to call Bryson a man.
'There will be some kind of equivalent of the Nicola Sturgeon/Isla Bryson scandal where the whole country will go 'How did we get to this?',' says Samantha. 'And the politicians will just be left looking at their shoes. So let's not mess it up in the first place.'
'It will blow up in their faces eventually,' says Sullivan, 'It defeats the whole object if you just accept that some cases will be wrong.'
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Herald Scotland
36 minutes ago
- The Herald Scotland
MPs call for UK to recognise Palestine after Government sanctions ministers
In response, Mr Falconer did not rule out the move, saying he had 'no doubt' he would return to the Commons to update MPs. It came as the UK imposed an asset freeze and travel ban on Itamar Ben-Gvir and Bezalel Smotrich, Israel's security minister and finance minister, respectively. The move came alongside Australia, Canada, New Zealand and Norway. When asked about the recognition of Palestine by Liberal Democrat foreign spokesperson Calum Miller, Mr Falconer said: 'The two-state solution conference next week is an important moment we're discussing with our friends and allies our approach to that conference and no-doubt I will return to this house, with your permission Mr Speaker, to discuss further.' Surrounded by security guards, Israel's National Security Minister, Itamar Ben-Gvir, centre, has been sanctioned by the Government (Leo Correa/AP) Mr Miller had said: 'The time has also come to listen to members on all sides of this House and officially to recognise the independent state of Palestine. Will the Government commit to taking this vital step at next week's summit in New York? 'Recognition will demonstrate the UK's commitment to self-determination but also make clear that, building on today's announcement, the UK will do all it can to wrest control away from the extremes and give both Israelis and Palestinians hope of a lasting peace.' Conservative MP for Herne Bay and Sandwich, Sir Roger Gale, had chastised the Government for not taking more action. He said: 'When the minister came to the despatch box, I had expected to hear something constructive. What we've heard is the sanctioning of two people. The United Kingdom Government could unilaterally recognise Palestine. The United Kingdom Government could show the world and lead.' He added: 'When is the Government going to do something?' Labour MP Abtisam Mohamed (Sheffield Central), who was denied access to the occupied West Bank earlier this year, agreed with the calls. She said: 'Annexation is real. It is happening. Partners in the region are calling for recognition before it's too late.' Ms Mohamed continued: 'Does the minister agree with me that we must not throw recognition into the long grass? That failure to recognise next week at the UN conference implies that Israel does have a veto, and that the Israeli government will continue to annexe and terrorise Palestinians in the West Bank. If we do not recognise now, there will be no Palestinian state to recognise.' Mr Falconer said: 'Recognition is right at the centre of any discussion of a two-state solution.' The minister had earlier told MPs the two-state solution between Israel and Palestine was in critical danger. He said the rhetoric of Mr Ben-Gvir and Mr Smotrich did not represent the majority of Israelis. He said: 'This is an affront to the rights of Palestinians, but it is also against the interests of Israelis, against their long-term security and democracy.' Later in the session, Green Party MP Ellie Chowns (North Herefordshire) accused the Government of doing the 'bare minimum' while Conservative former minister Kit Malthouse further pressed the minister on whether recognition at the summit is now 'off the table'. Mr Falconer said 'we are doing everything we can', adding: 'We are so incredibly frustrated by the scenes that meet us, meet everybody behind me, and I would say gently to (Mr Malthouse), he has no monopoly on the morality of this situation.' The minister went on to say settler expansion had increased hugely in recent years, and last year had seen the worst settler violence against Palestinians in the West Bank on record. He added that this year is on track to be just as violent. 'This is an attempt to entrench a one-state reality,' he told MPs. He continued: 'The gravity of this situation demands further action. The reality is that these human rights abuses, incitement to violence, extremist rhetoric comes … from individuals who are ministers in this Israeli government.' Abtisam Mohamed who, along with fellow Labour MP Yuan Yang, was denied entry to the West Bank earlier this year (Roger Harris/UK Parliament/PA) Mr Falconer added: 'We have told the Israeli government that we would take tougher action if this did not stop. It still did not. The appalling rhetoric has continued unchanged. Violent perpetrators continue to act with impunity and with encouragement. 'So, let me tell the House now, when we say something, we mean it. Today we have shown, with our partners, two extremists we will not stand by while they wreck the prospects for future peace.' Shadow foreign secretary Dame Priti Patel said: 'The situation in the Middle East and the suffering we are seeing is serious and completely intolerable. Dame Priti added: 'We all want to see a better future for the Israeli and Palestinian people, and the UK must continue to play a leading role in achieving this.' She told MPs the previous Conservative government considered sanctioning the two ministers. 'The minister will be aware that the sanctioning of individuals is always under review, that is the right policy,' she said. 'And in the case of Israel, this has been previously considered even by Lord Cameron, who has spoken of that in the last government.' DUP MP Sammy Wilson (East Antrim) suggested Mr Falconer is 'pandering to the increasingly loud anti-Israel voices on his backbenches', adding: 'The minister must know that this will not bring peace to Gaza.' Mr Falconer replied: 'I have spoken about the perilous decline of the situation in the West Bank, and indeed events of the last two weeks, and I've also spoken about the importance of co-ordinating with allies. So, I don't think I have anything further to say.'


The Herald Scotland
37 minutes ago
- The Herald Scotland
UN urges UK to negotiate new Chagos deal that allows islanders to return
But a panel of experts appointed by the UN Human Rights Council said retaining the base and continuing to bar Chagossians from Diego Garcia 'appears to be at variance with the Chagossians' right to return'. The Chagossians were expelled from the islands between 1965 and 1973 to make way for the joint UK-US base and have not been allowed to return. Although the UK-Mauritius deal includes a £40 million trust fund for the benefit of the Chagossians, the UN experts expressed concern that this would not provide an 'effective remedy' for the islanders. They also criticised an apparent lack of consultation of the islanders prior to the deal, saying: 'We are gravely concerned about the lack of meaningful participation of Chagossians in processes that have led to the agreement.' The experts added: 'In light of these significant concerns, we call for the ratification of the agreement to be suspended and for a new agreement to be negotiated that fully guarantees the rights of the Chagossian people to return to all islands of the Chagos Archipelago, including Diego Garcia.' Conservative shadow foreign secretary Dame Priti Patel urged the Government to 'do the right thing (and) stop this'. She said: 'We have been warning from the start that this deal is bad for British taxpayers and bad for the Chagossian people. 'Now even the United Nations is saying the very same. 'Labour has completely ignored this community from the get-go, and failed to consult with them at every step of the way. 'It is why I have introduced a Bill in Parliament that would block the (agreement) and force the Government to speak to the people at the heart of their surrender plans.' The deal follows a 2019 advisory opinion from the International Court of Justice saying the islands should be handed over to Mauritius. As well as the fund for Chagossians, the UK has agreed to pay at least £120 million a year for 99 years in order to lease back the Diego Garcia base – a total cost of at least £13 billion in cash terms. The deal also includes provisions preventing development on the rest of the archipelago without the UK's consent, which the Government has argued will prevent countries such as China setting up their own facilities. The agreement has also been backed by the United States. The Foreign, Commonwealth and Development Office has been contacted for comment.


The Independent
40 minutes ago
- The Independent
Federal agencies were reportedly tracking foreigners visiting with Musk afraid they were trying to influence the mogul
Federal agencies were tracking foreign nationals who visited Elon Musk over concerns that they could influence the tech billionaire, according to a report. Agencies, including the FBI and Department of Homeland Security, were reportedly among the agencies surveilling foreigners who met with Musk at his U.S. properties in 2022 and 2023, according to The Wall Street Journal, citing people familiar with the matter. Officials at the FBI and others were briefed on the investigation, The Journal reports, which focused on overseas visitors from Eastern Europe and elsewhere 'who might have been trying to influence him.' The investigation, which predates the second Trump administration, did not result in any charges, the outlet reports. The Department of Homeland Security declined to comment when approached by The Independent. The FBI and representatives for Musk did not immediately respond. Concern surrounded sensitive contracts Musk's five companies hold with the U.S. government and the 'unprecedented access' he has to top government officials, according to The Journal. Musk's own companies have been promised or awarded nearly $21 billion by the U.S. government since 2008, according to data analyzed by The Independent. The vast majority of the funding comes from federal contracts with SpaceX, the private space company Musk founded back in 2002. The company holds Defense Department contracts for satellite launches, including for the country's secretive National Reconnaissance Office. Reports surrounding Musk's foreign associates being tracked follow his dramatic exit from Washington, D.C., which saw his relationship with President Donald Trump implode last week. Musk helped re-elect the president by launching his super PAC last year. Eyebrows were raised by staffers within the America PAC over Musk's association with foreign nationals, according to The Journal. Sources familiar with the PAC's inner workings told the outlet that they brought in extensive vetting to 'keep foreigners out.' The Journal reported last October that Musk raising security concerns. Musk was said to have spoken to the Russian president on the phone about business and geopolitical matters, officials with knowledge of the alleged conversations told The Journal. Kremlin spokesperson Dmitry Peskov confirmed one telephone call took place between Musk and Putin where they discussed 'space as well as current and future technologies,' the outlet reported, but denied there had been regular conversations. When reached for comment from Musk at the time, a SpaceX spokesperson told The Independent the claims in the Journal were 'misleading' and 'unsubstantiated.'