The UK has been a world leader for transgender people with the unique and often difficult challenges that they face, and in addition to reviews across a range of Government services to see how they can better serve transgender people, I look forward to a new action plan for transgender equality that is currently being developed.  I can assure you that the Government will continue to work closely with transgender people to create a society where everyone is free to be themselves.

Whilst in my view the wording of the Act does not seem to criminalise transgender people without disclosing their gender history, I can understand why there is a perception of ambiguity.  The decision of a transgender individual to disclose their birth gender is of course a deeply personal and sensitive one.

In the event that gender history is a relevant consideration for prosecutors, this will be only one of a number of factors a prosecutor will consider, and each case is considered on its facts and merits and will only be prosecuted if it meets both stages of the Full Code Test as set out in the Code for Crown Prosecutors.  It is important to note that in cases where gender history is a consideration for prosecutors, it does not mean that a prosecution will necessarily follow.

Where a transgender person has received a Gender Recognition Certificate, their legal gender will therefore match their self-defined gender identity and, following the European Court of Human Rights' judgement, their right to keep private their gender history is legally established.