It seems I may have been semi-gazumped on my own Freedom Of Information requests – yesterday, both The Sun and the Daily Mail published stories about Trans prisoners. As with much published by those papers, it’s not news as the policy has been around in draft form for a couple of years. (PDF link)

I should point out that the guidelines are described by the Ministry of Justice as a “historical” document rather than one that reflects current policy. However, I understand that the document is still available to prison management and does relate fairly closely to what actually happens at the moment. From the point of view of a transitioning prisoner, it is quite problematic in a number of ways.

Firstly, you had better hope you do not get locked up on remand while in the early stages of working things out but before getting referred to a consultant. Section 4.1 states that before you get as far as a trial, they will not generally even consider any requests for medical intervention. Certainly for larger cases, you can end up on remand for months and that is a long, long time for someone suffering from acute gender dysphoria. Combined with the pressure of prison and a court case, I struggle to think that anyone could survive that.

Secondly, the rules for the prison you are located (section 9.1) state that the default assumption is that you will be held in the prison related to birth gender until you are either post-operative or have a GRC. There’s the obvious Catch-22 here that someone needs to pass the “real life test” before surgery or a GRC, which one can’t do while still in the wrong prison. Even apart from that, being in the wrong prison is clearly going to be very stressful. It was ruled in 2009 (In AB vs. the Secretary of State for Justice) that this was inappropriate, even before the Equalities Act 2010 came into force although it’s possible the EA2010 has created new loopholes. Certainly in the recent case of Nina, we’ve seen someone inappropriately put in a male prison despite being fully transitioned.

And there is some very uninformed discussion in section 9.2 about the “risk” of putting a transwoman into a female prison, particularly if they have committed sex crimes and/or are pre-op. This is entirely backwards, as the effects of hormones (Just HRT, but particularly so for anti-androgens) is to reduce sex drive. Indeed, in some countries they have actually been used to “treat” sex offenders to reduce the risk of re-offending. Rather, there is an increased risk of a transwoman being attacked as she will be physically weaker than much of the rest of the population. Conversely, transmen will be being given hormones that will boost sexual and violent urges and make them stronger and would thus seem to pose a greater risk to the population in a female prison if they have been convicted of crimes of a violent or sexual nature, but this is not discussed.

As usual, it is a case of transmen invisibility coupled with the usual cisgendered fear of “men” getting in amongst the women. Straight, cisgendered males seem to struggle – even if they have the best of intentions – with the idea that someone might not be doing this for sexual reasons.

The new plan is apparently “in development” and should be implemented, if it is approved, “early next year”. There does not appear to be any opportunity for Trans groups to have any input into the draft document before it comes into force, something I intend to raise with the Ministry of Justice.

And the second of my two FoI requests has also come back, this time from the IPS. Highlights – they don’t use the X unspecified gender marker and never have done and have consulted with the Trans community on this. I don’t know when that was, however – they say “recently” but that could be 10 years ago. They also confirmed only one pair of ID cards were ever issued under the transgender provisions. Text is below minus the usual stuff, I’ve also trimmed my questions down to make it more readable (You can see the full list on my earlier post) but the responses are in full. Their reference for this request was FOICR 15540/10.

Passports
These questions relate to ICAO Doc 9303, Part I, Volume I.1 Can you confirm:
1. Does the Identity & Passport Service follow Doc 9303 (Or a standard that refers to it, such as ISO/IEC 7501-1:2008) for passports.

I can confirm that UK passports do meet the specifications for passports set out in
Document 9303.

2. Section IV permits use of “X” to mean unspecified as a sex on Machine Readable Passports(MRP) within the Visual Inspection Zone (Page IV-11, field 11) and similarly “<” within the Machine Readable Zone. (Page IV-16, line 2, character position 21). Has the IPS ever issued an MRP with X/< specified as
sex… (Remainder of question 2 and questions 3 and 4 omitted)

ICAO standards do not mandate that the use of “X” as a gender identifier must be made available by passport issuing authorities. Currently, IPS does not use this identifier and has never done so in the past. The passport issuing system is not currently designed to include “X” as a gender identifier. Thus, no passports have been issued with the “X” gender identifier. This policy was recently reviewed and transgender community groups such as Press for Change were involved in consultation on this topic. However, as with all passport policy, we are happy to obtain feedback from members of the public which will be used to input to any future policy reviews.

Identity Cards
1. During discussion on the Identity Documents Bill, Lynne Featherstone, Parliamentary Under-Secretary of State for the Home Department, implied that only one individual had has two identity cards issued under the provisions of The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009, section 7(2)(b). Can you confirm this figure is correct?

I can confirm that under the provisions of The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009, section 7(2)(b) only one set of ID cards have been issued under the Transgendered scheme.

I’ve received a reply to my Freedom of Information request to the DVLA – I’ve reproduced it minus the usual pre and postamble on such letters. Some quick highlights – I think they missed the point in that they talk about “recording” titles rather than their inclusion on the licence so I’ll probably resubmit the FoI request again, rewording the question to make it clearer. I’ve not received the attachment they mentioned, so perhaps that clarifies things somewhat. Secondly, one good point for many is you can basically put whatever title you want on the form or leave it blank if you don’t want one, regardless of gender. (Although I would guess for a change of name/title you may need to explicitly ask for the title to be removed or there’s a risk they’ll just re-include the old one)

If anyone is wanting to follow up on this on their own and reference this request, their reference number is FOIR2039.

1. It would appear that at least for the last 30 years, driving licences include title (Mrs, Miss) etc only where the holder is female or has an honorific title such as Dr., Lord etc. Can you confirm this is indeed current policy? Please supply a copy of the policy or guidelines issued to staff, if they exist.

Where a female applicant does not specify a title, then this field is left blank. Titles such as Doctor, Reverend, Lord and Lady are also included on driving licences. I can confirm that policy or guidance in this regard is not held. It is the responsibility of DVLA to accurately record information that has been provided to them by applicants for or holders of a driving licence. Where a female driver provides a title such as Miss or Mrs, DVLA will include the title on the individual’s driving licence.

However, guidance is available that instructs staff about the field codes to use when keying the information to be input on the driver’s record and I attach a copy for your information.

2. What is the reason for this policy, if it is not merely historical?

The Policy is historical and evolves over time in reaction to developing trends.

3. Has this policy been reviewed historically and if so, what were the results of that review, including minutes of meetings.

This information is not held. There have been no formal reviews of DVLA’s policy on recording titles. Of course where titles not previously identified are submitted by applicants then the matter will be reviewed as and when necessary.

4. Are there any current plans to review this policy?

Please see the answer to 3 above.

5. Would the DVLA issue a driving licence on request
a) without the title (to a woman)
b) with an alternative title such as “Ms”, (not indicating marital status) “Mx.” or “Mre.” (Gender-neutral form of Mr/Ms

The answer to both a) and b) is Yes.

6. If a licence would only be issued under one of the above only under certain conditions, what are those conditions (e.g. deed poll with the new title)

A deed poll would not be required for either title Ms, Mx or Mre.

7. In cases where the gender of the applicant is not obvious, how is this handled in terms of encoding the “gender marker” within the 7th character of the licence number? (For example, supporting documentation does not include it, the name and appearance of the applicant in the photograph is ambiguous and they have a non-gender specific title, such as Dr.)

DVLA would contact the applicant in circumstances where there was any uncertainty over their gender.

Update: I’ve now received the missing document on entering and handling title codes, which includes some rules on when you might need a Deed Poll. (If you want to call yourself something that implies a title, “Lord so-and-so” for example.)

Based on recent discussions, I put together a couple of FoI requests to the DVLA and Identity & Passport Service – the results should be interesting. I had initially thought that the presence of a title on a driving licence was based on when you received it, but a little research reveals that unless you have an honorific title like Dr. or Rev, it’s just women that get a title! That’s not very 21st Century but it’s been ongoing for at least 30 years, so I’d hope the policy is simply historical and one that’s never been reviewed. If not, that’s also a feminist issue, particularly given all the standard D1 forms I’ve seen have just “Miss” or “Mrs” on them – not “Ms”! (Although one person apparently has “Ms” on theirs, so I guess you can put it in the “other” box.

Hat-tip to Christine Burns, it was her comments on Lynne Featherstones blog that alerted me to the possibility of unspecified gender on passports.

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