equality bill consultation pt. 2

Press For Change recently published a response to the proposed Equality Bill (which seems to've now been removed), and Frank and I, working with Ruth Pearce (NUS Women's Cmte Trans Rep), who brought it to our attention, and Tara Hewitt (NUS LGBT Cmte Trans Rep. [elect]) were in the process of drafting a letter of response (to their response :-) ) commenting on a few issues we found with it, when PFC seemed to become aware of some of these themselves and have put out a questionnaire which they would like trans people to fill out (but I say that if you're interested in the issue, you should put in your two cents).

The questionnaire needs to be sent to them by 'late friday' (tomorrow/29-05), and is not completed online, but is copied below, and should be copied into an email and sent to: letters@pfc.org.uk

PFC have the ear of the government, and will be speaking to the Parliamentary scrutiny committee on the Equality Bill next Tuesday 2nd June, so it's important that they hear what we have to say.

questionnaire follows:
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1a. Gender Reassignment as used in Vol 1, s.7 of the Equality bill currently means to include not just people pursuing transsexual treatment, but also any person who is living permanently in their new gender role. It also includes anyone perceived to be either transsexual or living permanently in their new gender role, as well as providing protection to anyone victimized in the workplace because they support the rights of a person who is transsexual or living permanently in their new gender role. PFC recognizes this might be within the limits of protection afforded by European Union law, but knows the UK government has the powers to go further than the minimum provided by EU law.

Should the definition used of people protected be wider? yes no (please delete to leave your answer)

1b. If you answered Yes, please describe as best you can the types of trans people should be provided protection against discrimination , in workplaces, in accessing services, in performing public functions?

Types of trans people to be included:____________________________________________________

2a. The bill affords some protection to young people intending to undergo gender reassignment. PFC does not believe it is appropriate to use the term 'gender reassignment' when referring to children and adolescents.

Should the term gender reassignment be used when protecting young people in school who we might refer to as 'gender variant', or, as 'in the future likely to seek gender reassignment'.

yes no (please delete to leave your answer)

2b. If not, please explain in less than 100 words, why not?___________________________________________________________

2c. What better term might be used to provide protection to young people in school? _________________________________________

3. Should Schools be permitted to harass pupils and prospective pupils because they possess the Characteristic of 'Gender Reassignment'.

yes no (please delete to leave your answer)

4a. Press for Change is extremely concerned by elements of the exemption to the protection to trans people in the use of 'Single sex Service' contained in S. 24 and S. 25 (1) of Vol II, Sch. 3 Part 6. Gender reassignment: Single Sex Services. For example in the case of disability discrimination businesses have been able to claim as a defence, that they can not afford to provide reasonable adjustments - so long as that is true. The example given in the bill is given of a clothes shop which does not want to allow a trans person to use a changing room. PFC believes this is contrary to European Union and European Convention law.

Should service providers be able to discriminate against those who are transsexual, or who are living permanently in their new gender role, as a proportionate means of achieving a legitimate aim.?

yes no (please delete to leave your answer)

4b. Even if services were able to discriminate in cases of those people who re transsexual, or who are living permanently in their new gender role, should that include any person who has obtained a Gender Recognition Certificate?

yes no (please delete to leave your answer)

5a. The Bill, in Vol. II ,SCHEDULE 9 WORK: EXCEPTIONS, pt. 1 General : OCCUPATIONAL REQUIREMENTS, ss. 1 - 3 allows for a potential employer, partnership, personal Offices or appointments to require that a prospective employee/partner/personal office holder, or appointment is not a transsexual person (which includes anyone who is living permanently in their new gender role) so long as this is a 'proportionate means of achieving a legitimate aim.'
Should there be any other employment/financial/ partnership/ appointment circumstance when it can be demand that a person not be a transsexual person?

yes no (please delete to leave your answer)

5b. If you answered no, can you describe (in less than 200 words) any situations where you think it might be appropriate to demand that a person not be a transsexual person in relation to the above areas.

6a. Similarly , Vol. II ,SCHEDULE 9 WORK: EXCEPTIONS, pt. 1 General : OCCUPATIONAL REQUIREMENTS, ss. 1 - 3 allows vocational course providers to refuse access ot the course to people who are transsexual, but also any person who is living permanently in their new gender role, to access certain courses if an outside employer has advised them that a trans person could not get or do the job for which the training is given. Vol II, Sch 9 Work Exceptions, Part 1, Occupational requirements, s.5,ss.(4) states that ‘a person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading’. Whilst PFC acknowledges that an employer who is employing within their own home to provide 'personal care services' should have a complete right to determine who they choose to perform intimate duties, PFC believes the above is clearly contrary to European Union and European Convention law in all other areas mentioned.

Should a vocational course provider ever be allowed to refuse a place to a transsexual person , except on ground of merit where others are better qualified or experienced to do the course?

yes no (please delete to leave your answer)

6b. Additionally, Vol II, Sch 9 Work Exceptions, Part 1, Occupational requirements, s.5,ss.(4) states that ‘a person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading’., i.e. this would mean all trans people, including those with a GRC would be legally obliged to state they were trans if applying for vocational training. PFC believes this is clearly contrary to European Union and European Convention law.

Should any trans person ever face criminal action for failing to disclose the fact that they are trans, for a vocational training place, except where they have to apply separately to the Criminal records bureau for clearance in order to work with vulnerable people??

yes no (please delete to leave your answer)

6c. Should any trans person with a gender recognition certificate ever face criminal action for failing to disclose the fact that they are trans, for a vocational training place, except where they have to apply separately to the Criminal records bureau for clearance in order to work with vulnerable people??

yes no (please delete to leave your answer)


Further DETAILS to be completed if preferred, and if you wish to hear more from PFC about the Equality Bill and any changes achieved.

7. Are you a Trans person? yes no (please delete to leave your answer)

8. if you would like us to keep you up to date with these concerns only, please provide your email: _________________@___________________
(your contact details will be kept confidential, and will be destroyed on your request)

Organisations
9. Are you representing a Trans organisation? yes no (please delete to leave your answer)

10. If you are representing a Trans organisation, please say which one _____________________

11. What is your email (so we can keep you up to date with these concerns only) _________________@___________________

12. If you are representing another sort of organisation, please say which one _____________________

11. What is your email (so we can keep you up to date with these concerns only) _________________@___________________

To respond please cut and paste this questionnaire into a new message:

Please send all replies by Friday 29th May to letters@pfc.org.uk

equality bill consultation

hey there,

I've just finished filling in the survey here, about my views on the equality bill, and think it would be awesome if y'all would too. The deadline is Saturday.

Harri.

gender neutral toilets (model motion).

Hey there everyone,
A bunch of talented trans activists have been working together over the last week to put together a motion for one of their institutions' union council meeting to 'pave the way' for the introduction of Gender Neutral Toilets (GNTs).
The NUS Policy Unit is just finishing up a policy briefing on GNTs, which I'll come back and include a link to once it's online (if you need it before a link appears here, please contact me).
Below is the motion which everyone worked together to put together, it originally also included some coverage of monitoring forms, but for the purposes of acting as a 'model motion' those have been removed from this motion. Further model motions will appear in the coming year:

This Council notes:
1. Its own Equal Opportunities policy.
2. The Sex Discrimination Act 1975, which makes it unlawful to discriminate on the basis of gender, and the Sex Discrimination Regulations 1999, which make it unlawful to discriminate against people intending to undergo, undergoing or who have undergone gender reassignment on this basis, and also the Sex Discrimination Act 1975 Regulations, 2008 Amendment, which affords protection from discrimination for transsexual people in the areas of The Provision of Goods, Services, Facilities and Premises.
3. That sex, biologically, is not a straightforward issue as many are born with an ambiguous sex, and that gender is not a simple binary.
4. That trans people are widely discriminated against, facing ignorance, harassment and sometimes violence.
5. [The Insitution] has a hidden population of trans students, including those who are transsexual and those who identify outside of the gender binary, and there are no doubt also intersex students.
6. Some students, including some trans students, would prefer to use gender-neutral toilets, however as these don’t exist in [Institution] Union buildings, students are forced to [either] use gender specific facilities[, or to travel across campus to College buildings with gender-neutral toilets].
7. The Union’s opening hours extend far beyond the opening hours of College buildings.
8. In April the NUS passed policy to provide gender-neutral toilets at events. The NUS LGBT Campaign also has policy to campaign for gender-neutral toilets in all educational institutions and student unions.

This Council believes:
1. Gender is self defined, not physically assigned, and the latter would be a denial of the existence of trans students [and a contravention of Union policy].
2. Confining gender to a binary distinction discriminates against students who do not define as only either male or female.
3. That people have the right to live according to their gender identity, free from discrimination and harassment, and that [Institution] Union has a responsibility to uphold this right.
4. The availability of gender-appropriate facilities is an access issue, as students, particularly trans students, may be reluctant to make use of the Student Union buildings due to a lack of facilities that they would feel safe and comfortable using.
5. Many students would benefit greatly from the existence of gender-neutral toilets.
6. That gender-neutral toilets may also be used by cisgender (non-trans) students.
7. That moves towards making gender-neutral toilets available, by student bodies in many UK universities such as Bradford, Bath, Staffordshire, and Manchester provide a positive precedent.

This Council Resolves:
1. To condemn transphobia and discrimination based on gender identity.
2. To be aware of how gender-neutral words actively contribute to promoting equality and inclusiveness.
3. To increase education and awareness by providing training sessions on trans issues for members of Union Council [and all Union staff].
5. To support students in their right to use toilets in line with their gender identity.
6. To provide facilities required by trans students in [Institution] Union buildings.
7. To publicise the existence of these provisions, their locations, and the reasons for them at the beginning of every year to all students.
8. To make ‘feminine hygiene’ services available in these facilities in a similar manner to in the women’s toilets for those trans students with particular needs associated with the female sex, and female students who choose to use the gender-neutral toilets.
9. To support all students who wish to use the facilities appropriate to their gender, whether these facilities are gender-neutral or gender-specific.

'Ello :)

S'up peoples,

Frank here. Just thought I'd update y'all on some of things I've been up to since conference!

Firstly, I've attended a meeting at The LGF (Lesbian and Gay Foundation) with Manchester City Council and Greater Manchester Police. The meeting was for trans people to come along, and discuss issues with housing, employment, education, health and general policy concerning trans people.

There was also a presentation from Greater Manchester Police, about policing in Manchester specifically for trans people, transphobic crime, and trans people within the criminal justice system. The police who gave the presentation gave us loads of info on the training Greater Manchester Police receive, to help them be sensitive and respectful when dealing with trans people, and they answered all of our questions about reporting hate crime and stuff.

I learned that all twelve police divisions in Greater Manchester have an LGBT liaison officer, to encourage LGBT-phobic hate crime to be reported, and to ensure LGBT victims are treated proper.(info on the telephone numbers for GMP LGBT divisional contacts all over Manchester can be requested by emailing diversity@gmp.police.uk).

Also-anonymous reporting of LGBT hate crime can be done online,at www.gmp.police.uk/hatecrime or by calling the LGF Helpline on 0845 330 3030, who can report it for you. Oh, importantly- CRB checky things (which can be a pain for some trans-people, who don't want prospective employers to know their trans status) can be found at; http://www.crb.gov.uk/Default.aspx?page=289&qid=4808 – they can keep things confidential for ya.

What else? Well, yesterday and today (Thurs 14th & Fri 15th), I've done a stall with fellow NUS LGBT committee member Alan Bailey (the one with blue hair), for IDAHO (international day against homophobia) at the University of Salford. We had map on our info board, highlighting all the countries where mean things happen if you're LGBT, and we had lots of leaflets and bits from the LGF to hand out. Oh yeah-we had a big pride banner outside our main building, Maxwell Hall, which was cool. I'll get some photos up on 'ere when I can get hold of some!

Something I've been working on of late, is like- a 'trans list' to send to the Gender Identity Clinics, who may deal with our students at some points. I decided that although I can ramble on about Charing Cross GIC-I know very little about the others! As trans rep, I'd love to be able to give as much info to y'all about each GIC! So, I'm gonna get an email drafted, with questions regarding waiting lists/funding/general processes, and will email Leeds, Nottinghamshire, Devon, (and any others I find). Then, once I find things out, I'll draw us a pretty table, and will poke it on our blog, so everyone can see what goes on where at a glance. Sorted.

So yeah-that's what I've been up to of late. Now I'm not so good with all this bloggy stuff, so I hope this works!


Peace,


Frank.

introductory post

Hello everyone, Harri here.
Just doing a quick first post to say 'hello' and welcome to our blog. This was Frank's awesome idea, and we're going to both post to it and use it to keep y'all up to date with what we're up to.
We're going to 'tag' all of our posts so that you can search by key words on the right hand side to find what you're looking for. You'll also probably have noticed that there are various different link sections below that, which we'll be adding to throughout the year.
Comments are 'screened', but please feel free to respond to anything we've written; we look forward to hearing from you.

That's all for right now,

Take care.

Harri
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