Senedd rejects motion on puberty blockers

Chris Haines, ICNN Senedd reporter

The Senedd rejected calls to revoke regulations restricting the prescription of puberty blockers for under-18s with gender incongruence or dysphoria.

Adam Price recognised differing views regarding puberty-suppressing hormones, known as puberty blockers, as he called for the Welsh Government regulations to be annulled.

The former Plaid Cymru leader explained the regulations effectively make participation in a clinical trial the only way to access treatment for transgender children and young people.

He told the Senedd: “As no such trial is yet available, these regulations currently deny access to puberty blockers entirely for this group of patients.”

Mr Price warned making treatment conditional on participation in trials is unfair because it places undue pressure on the child to agree.

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‘Children’s rights’

He said: “We believe that these significant changes … should be subject to consultation, with the children and young people affected by them, because that is what the law says.”

The former MP pointed out that the Welsh Government is bound to have “due regard” to the UN convention on children’s rights, with Article 12 guaranteeing the right to be heard.

Mr Price added: “Article 3 of the UN convention requires that the best interests of the child are the primary consideration in all actions affecting children.”

He said no consultation nor children’s rights impact assessment was conducted.

He warned transgender children are being treated differently with their access to puberty blockers restricted, arguing this is contrary to the Equality Act 2010.

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‘Unlawful’

Mr Price drew a parallel with a High Court ruling in March that a Welsh Government decision to stop free school meals in holidays was unlawful.

He said: “These regulations show the exact same failings: a lack of consultation, a failure to conduct impact assessments and insufficient regard for children’s rights and equality….

“The Senedd has the opportunity tonight to send a clear message to the government: the first imperative in making any law – and especially a law that affects the young – is to listen, which it has signally failed to do in this case.”

Conservative Sam Rowlands raised the Cass review which found “no good evidence of the long-term outcomes of interventions to manage gender-related distress”.

The shadow health secretary warned not enough is known about the long-term impacts of puberty blockers for children and young people with gender incongruence or dysphoria.

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‘Proportionate’

Julie James, who is counsel general, the Welsh Government’s chief legal adviser, said the proportionate regulations were in response to the Cass review of gender identity services.

She told the Senedd: “The Welsh Government continues to be driven by the evidence to best support the needs of young people who are questioning their gender.”

Ms James said the law prevents GPs from prescribing puberty blockers to under-18s, with exceptions for trials and prescriptions from before the legislation came into force on July 18.

The former solicitor raised case law showing the state does not breach the European Convention on Human Rights by refusing to authorise a particular treatment.

She argued ministers had no duty to consult and due regard was given to children’s rights under the UN convention which was incorporated in Welsh law in 2011.

‘Deeply disappointed’

Caerphilly MS Hefin David raised the experience of a constituent accessing services in Bristol which they found "severely wanting”.

The Labour backbencher said he would vote with the Welsh Government for technical reasons but added: “I think we need more passion from the government on these issues and I’m deeply disappointed by the counsel general’s contribution.”

Mr Price told the Senedd the NHS has no plans to establish a youth gender identity service despite a commitment in the Welsh Government’s LGBTQ+ action plan.

He said: “I really think the government needs to look at this with some urgency even if they win the vote tonight – they need to look at the broader policy.”

Senedd members voted 36-12 against annulling the regulations on December 10.