Amendment NC21: What It Is, Its Real-World Effects on Trans People, and How to Stop It
Update – 7 May 2025: NC21 Rejected by House of Commons
On 7 May 2025, Amendment NC21 was rejected in the House of Commons by a vote of 97 to 363.
NC Results
This proposed amendment would have required public authorities to record individuals’ sex solely as male or female based on birth, and to only permit the inclusion of an “acquired gender” if a person holds a Gender Recognition Certificate (GRC) — and even then, alongside their birth sex. It would have erased the identities of most trans people in official systems and introduced a rigid, state-defined binary into digital infrastructure.
This is a clear and powerful win for trans rights, data privacy, and inclusion. While the broader Data (Use and Access) Bill continues without NC21, this result shows that organised resistance, accurate information, and visible solidarity can stop discriminatory policy.
We’re keeping this article live as a record of what was proposed, why it mattered, and how it was defeated and to remind ourselves what vigilance and action can achieve.
Amendment NC21 is a little-known but deeply concerning proposal that could quietly roll back trans rights in the UK. If passed, it will redefine how public records handle gender and identity, embedding systemic misgendering into digital infrastructure. Here’s what it means and how we can stop it.
What Is Amendment NC21?
Amendment NC21 is a proposed addition to the Data (Use and Access) Bill [HL], tabled by Conservative MPs including Dr Ben Spencer. It would legally require public authorities to:
Record "sex" only as male or female based on sex at birth (“biological sex”).
Only allow public records to include a trans person’s acquired gender if they hold a Gender Recognition Certificate and even then, it must be recorded alongside, not instead of, their sex at birth.
Audit and “correct” public records to reflect these definitions.
Restrict which public authorities can provide sex data to digital identity services — starting with only the General Register Office, which records sex at birth.
While the amendment doesn’t explicitly reverse existing gender markers, it creates a system where any marker not backed by a GRC may be ignored, overwritten, or excluded from verified identity records. This would affect the new Digital Verification Services (DVS), which are part of the government’s effort to enable people to prove key facts about themselves online (e.g., name, age, sex, etc.).
Likely Real-World Effects on Trans People
1. Exclusion of Most Trans People
The amendment only permits public authorities to record a person’s acquired gender if they have a Gender Recognition Certificate (GRC) and even then, it must be recorded alongside their sex at birth. Since fewer than 2% of the UK’s estimated trans population hold a GRC, most trans people would be recorded and treated solely according to their birth sex.
2. Misgendering and Loss of Recognition
Public services, hospitals, schools, and employers using DVS data would be legally obliged to misgender trans people without GRCs. This could affect access to healthcare, safeguarding, and legal protections.
3. Outing and Safety Risks
Trans people may be forced to disclose private legal or medical history (e.g., their lack of a GRC) in order to contest sex-at-birth data. This creates new risks of outing, harassment, or discrimination.
4. Erosion of Privacy and Autonomy
The amendment claims to enhance privacy — but in practice, it removes trans people’s ability to control their own identity in digital systems. Nonbinary people are completely excluded, as NC21 only allows for binary sex categories.
5. Creates a Two-Tier System
Trans people with a GRC might be granted limited recognition, but all others would be erased from systems that treat “sex” as a legally verified attribute. This undermines the right to self-identify and live free from state-imposed definitions.
Disproving the Supporters’ Argument
Supporters of NC21 such as the group Sex Matters, claim it is necessary to uphold legal accuracy and prevent fraud. Here's how those claims fall apart:
| Supporters’ Claim | Reality |
|---|---|
| “We’re just ensuring data accuracy.” | It’s not “accuracy” to force someone to be recorded by a sex they do not live as — it’s misrepresentation. |
| “This protects sex-based rights under the Equality Act.” | The Equality Act already allows single-sex services and recognizes that trans people can be excluded where proportionate. This law isn’t needed for that. |
| “It’s a privacy-preserving, human-rights-respecting approach.” | NC21 forces mass correction of records to birth sex and only permits the recording of acquired gender if a person has a GRC — and even then, it is secondary to sex at birth. This violates trans people’s privacy, autonomy, and dignity. |
| “It doesn’t stop organisations collecting gender identity.” | But by legally enforcing sex-at-birth as the official standard, it undermines and overrides gender identity in practice. |
| “This prevents fraud and helps digital identity systems.” | There’s no evidence that recording gender identity causes fraud. The proposed system introduces discrimination under the guise of security. |
What’s Really Going On?
Amendment NC21 is part of a broader political effort to:
Roll back legal recognition of trans identities.
Reassert a biological definition of sex in law and policy.
Use digital identity systems as a new front in the “gender-critical” campaign.
It’s a reaction to recent court cases (e.g. the UK Supreme Court ruling in FWS v Scottish Ministers) and the ongoing campaign to block gender self-ID.
How to Stop NC21 from Becoming Law
Labour has not officially endorsed the amendment and is expected by some to oppose it. However, no public statement or whip has been issued and without clear resistance, the risk remains.
1. Educate MPs and the Public
Write to your MP before the House of Commons Report Stage on 7 May 2025.
Emphasise that:
NC21 erodes privacy and targets trans people.
Most trans people do not have a GRC.
This amendment is not needed to comply with the law.
2. Expose the Amendment’s Impact
Share information on social media, in local press, and among networks.
Highlight stories from trans people who would be directly harmed.
Use terms like “forced misgendering,” “digital exclusion,” and “erasure of identity.”
3. Mobilise Allies
Ask LGBT+ organisations, civil liberties groups, and data privacy advocates to speak out.
Encourage legal scholars and human rights experts to weigh in.
4. Challenge It Legally If Needed
If it passes, it may be vulnerable to legal challenge on the grounds of:
Discrimination under the Equality Act,
Violation of data protection rights under UK GDPR, or
Incompatibility with human rights law (Article 8: privacy, Article 14: discrimination).
Template to Send To Your MP
Dear [MP’s Name],
I am writing to you as a constituent to express my deep concern about Amendment NC21 to the Data (Use and Access) Bill, which will be considered during the Report Stage on 7 May 2025.
This amendment would require public authorities to record individuals’ sex strictly as male or female at birth, and only include a person’s acquired gender if they possess a Gender Recognition Certificate (GRC) and even then, it must be recorded in addition to their birth sex. As you may know, the vast majority of trans people in the UK do not have a GRC due to the complexity and inaccessibility of the process.
If passed, this amendment would:
Force many trans people to be recorded and treated as their birth sex, regardless of how they live or identify.
Lead to widespread misgendering and exclusion in digital identity systems, public services, and data records.
Undermine data privacy and personal autonomy, by legally enforcing a rigid definition of sex that fails to respect individual identities.
Contradict the government’s stated commitments to trans inclusion, privacy rights, and evidence-based policymaking.
Supporters of NC21 claim it ensures “data accuracy,” but in practice, it would override the lived experiences of trans people, ignore existing protections under the Equality Act 2010, and embed discrimination into digital systems by design.
I urge you to oppose Amendment NC21 and stand up for a fair, inclusive, and rights-respecting digital future. Please reject attempts to roll back trans rights under the guise of “data standards.”
Thank you for taking the time to read this letter. I would appreciate a response letting me know your position on this issue.
Yours sincerely,
[Your Full Name]
[Your Address + Postcode] (to confirm you are a constituent)
[Email (optional)]
How to Find Your MP to Contact
Visit WriteToThem, enter your postcode and select your MP
Simply Put
Amendment NC21 is a regressive, discriminatory measure that would:
Strip legal and social recognition from the majority of trans people.
Embed a binary-only, birth-sex-based system into the heart of public services and digital identity.
Undermine the privacy, dignity, and autonomy of trans individuals.
It must be opposed forcefully, factually, and urgently before the vote on 7 May 2025.
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