The education secretary has denied being at odds with the prime minister over gender recognition policy after appearing to suggest that 16-year-olds are old enough to determine their identity.
Gillian Keegan appeared to quickly row back on her remarks - made as she toured broadcast studios today - in which she seemed to indicate that young people could be mature enough at 16 to choose their gender.
The government’s position is that people should not determine their identity before the age of 18.
The education secretary made her comments as schools in England continued to wait for guidance on gender identity from the Department for Education.
The issue was raised in media interviews today as the UK government prepares for a clash with the Scottish government over policy north of the border. Alister Jack, Scotland secretary in the Westminster government, confirmed that he will make an order, under Section 35 of the Scotland Act 1998, to block reforms of the gender recognition process passed by the Scottish Parliament.
The new legal row centres on the Gender Recognition Reform (Scotland) Bill, passed by the Scottish Parliament last month, which would approve reforms allowing trans people to obtain a gender recognition certificate (GRC) without the need for a medical diagnosis.
The bill would also allow 16- and 17-year-olds to apply for a GRC for the first time and reduce the amount of time a person has to live in their acquired gender before being granted the document.
Labour leader Sir Keir Starmer has been among those to acknowledge concerns about the plan, saying he considers 16 too young to decide to change gender.
Keegan caught in gender recognition row
Ms Keegan, appearing on Sky News, was asked for her view on the matter and if she would be content for children in schools at 16 to say if they want to change gender.
She said: “We have to be very sensitive to children. We are actually going to publish some guidance and consult because it is a very tricky area to get right.
“It has to be age-appropriate, but children have to be supported as well.”
Pressed on her personal view, the minister was asked if she thought 16 was too young.
“No, I don’t actually,” she said.
“I was working at 16, I was paying tax at 16, I was making decisions for myself at 16.
“But it’s not really about what I think, it’s how we make sure we get that right balance of supporting children, but also making sure that what they’re getting taught in schools is age-appropriate.”
The comments were raised in a later interview on ITV’s Good Morning Britain, when Ms Keegan was asked if she was at odds with Rishi Sunak over the issue.
She said she did not have a “strong opinion” and was referring to the fact that she “felt able to take decisions for myself at 16”.
“What I said is we will be publishing guidance and having quite a long consultation because it’s a very tricky subject and we want to make sure that we support children in the right way at the right time and teach them in an age-appropriate way,” she told the programme.
“I said, ‘Look, you know, at 16, I was working, I was paying tax,’ but all 16-year-olds are different.
“Obviously, everybody has a different view. It’s really, really important that we take into account parents’ views, teachers’ views, children’s views, and other stakeholders’ views as well because it is quite tricky…
“So, no, I have not got a difference of opinion. Actually, I don’t have a strong opinion.
“My strong opinion is that we need to treat this very carefully, very sensitively, supporting children all the way along.”
Asked to clarify her comments, Ms Keegan said: “Not every 16-year-old is the same as I was at 16.”
She rejected suggestions that she agreed with the principle of the Scottish legislation.
Downing Street said Ms Keegan was giving her “personal view” on the matter and that it did not “impact” on the government’s position.
Mr Sunak’s official spokesman told reporters: “I think she made clear herself she was speaking about her own personal standpoint…
“Obviously, that doesn’t impact on the government’s overall position and we’ve consulted and looked at this issue.”
In the absence of official DfE guidance on provision for transgender students in schools, a number of major education organisations joined forces to produce their own last year.
It was released in November 2022, co-authored by organisations including the Association of School and College Leaders, the NAHT school leaders’ union, the National Governance Association, the Institute of School Business Leadership, the Chartered College of Teaching and the Confederation of School Trusts.
Among other proposals, the document suggested that schools may need to provide both unisex/gender-neutral and single-sex toilet facilities.
Two weeks later Ofsted chief inspector Amanda Spielman told the Commons Education Select Committee that government guidance was “urgently needed” to help schools navigate a “minefield”.
The DfE has been approached to confirm when official guidance will be released.
