Gender Reassignment Certificate process in Jersey (FOI)

​​Request

With regards the Gender Reassignment Certificate process in Jersey, I would like to know the following:

1. How many Gender Recognition Certificates have been issued in Jersey:

a. Since GRCs were put in place

b. In each of the past 10 years by calendar year

2. Of these GRCs:

a) How many have been male-to-female by calendar year?

b) How many female-to-male by calendar year?

3. What is the waiting time from application to receiving a gender recognition order been for these issuances of GRCs? 

a) Average waiting time receiving a GRC by calendar year

b) Current waiting time

4. Who approves the issuing of a Gender Recognition Order?

5. What is the process for review and approval of an application for a Gender Recognition Certificate?

Response​

Questions 1 and 2

The information requested in these questions is absolutely exempt information under Article 29(a) of the FOI Law because its disclosure is prohibited under an enactment as explained below and we are not able to provide any information in response to this request.

Article 18 of the Gender Recognition (Jersey) Law 2010 (jerseylaw.je)​ prohibits the disclosure of protected information except in the circumstances allowed by 18(4) or where the Minister has made an Order under 18(6).

Article 18(4) states:

(4)     However it is not an offence under this Article to disclose protected information relating to an applicant if –

(a)     the information does not enable the applicant to be identified;

(b)     the applicant has agreed to the disclosure of the information;

(c)     the information is protected information by virtue of paragraph (2)(b) and the person by whom the disclosure is made does not know or believe that a gender recognition certificate has been issued;

(d)     the disclosure is in accordance with an order of a court or tribunal;

(e)     the disclosure is for the purpose of instituting, or otherwise for the purposes of, proceedings before a court or tribunal;

(f)      the disclosure is for the purpose of preventing or investigating crime;

(g)     the disclosure is made to the Superintendent Registrar or the Judicial Greffier for the purposes described in the Schedule;

(h)     the disclosure is made for the purposes of the social security system or a pension scheme;

(i)      the disclosure is in accordance with provision made by an Order under paragraph (6); or

(j)      the disclosure is in accordance with any provision of, or made by virtue of, an enactment other than this Article.

The only circumstance in which we could disclose the requested information is if 18(4)(a) applied and the information disclosed did not enable any applicant to be identified.

In Jersey, there are a very small number of registrations and accordingly, we are not able to disclose information in response to this request without a risk of enabling the identification of applicants. The Article 18 prohibition therefore applies.

Question 3

Once an applicant has provided all the required information the Judicial Greffe aims to deliver the gender recognition certificate within 2 working days.

Questions 4 and 5

Information in response to these questions is absolutely exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 as the information is accessible on the JLIB website:

Jersey Law | Home​

While we refuse to supply the information under the FOI (Jersey) Law, Article 23(2) requires us to inform the applicant where they may obtain the information, so further details are provided below.

​The Gender Recognition (Jersey) Law 2010​ (the Gender Recognition Law) prescribes the process for review of applications and provision of a gender recognition certificate. Article 19(2) of the Gender Recognition Law allows rules of court to be made under Article 13 of the Royal Court (Jersey) Law 1948​ and in relation to the Gender Recognition Law Rule 17/3 of the Royal Court Rules 2004​ provides, where “Greffier” means the Judicial Greffier:

17/3  Non-contentious business which may be transacted before the Greffier

(1)     The following non-contentious business may be transacted in chambers before the Greffier, namely –

…

(e)     the hearing and determination of an application for –

(i)      the registration of a deed poll;

(ii)      a gender recognition certificate under Article 2, 3 or 5, or a corrected certificate under Article 6, of the Gender Recognition (Jersey) Law 2010​;

…

(4)     The content and form of a full certificate and an interim certificate for the purposes of the Gender Recognition (Jersey) Law 2010​​ are specified in Schedule 5A. 

Articles applied

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 29 - Other prohibitions or restrictions

Information is absolutely exempt information if the disclosure of the information by the scheduled public authority holding it –
(a) is prohibited by or under an enactment;

(b) is incompatible with a European Union or an international obligation that applies to Jersey; or

(c) would constitute or be punishable as a contempt of court.