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Original poster

GRA consultation is live. Let's get reading

108 replies

Anlaf · 03/07/2018 16:05

www.gov.uk/government/consultations/reform-of-the-gender-recognition-act-2004

OP posts:
Floorplan · 03/07/2018 16:24

Read the easy read version. None the wiser

Original poster
Anlaf · 03/07/2018 16:24

Btw this is 86 pages not including ancillary materials.

Be interesting to know if the length of consultations puts off all but v motivated responses.

A number of groups will put out summary guides to the questions so do not fret, those of you with too little time to wade through

OP posts:
yearofthewoman · 03/07/2018 16:23

Thanks for posting this. Place-marking, will come back and read it later...

Original poster
Anlaf · 03/07/2018 16:22

I'd be less relaxed if I were you Rat

Under aspects of transitioning

Social The trans person makes changes to their social life and environment. For example, they may:  Begin to tell people about their gender identity, such as work colleagues;  Express their gender identity through changes in their clothing or hairstyle;  Ask to be referred to as ‘he’ or ‘they’ rather than ‘she’ or vice versa;  Start using toilets and other single-sex facilities that match their gender identity;  Use a different name;  Change their gender, title and name on documents such as credit cards, bank statements, utility bills, medical records and employment records.  Change their gender, title and name on government-issued forms of identification.

And this example, which I find bizarre, on "separate" sex provision

A service provider can deliver separate services for men and women where providing a combined service would not be as effective. In each case, such provision has to be justified. So, for instance, it would not be unlawful for a charity to set up separate hostels, one for homeless men and one for homeless women, where the hostels provide the same level of service to men and women because the level of need is the same but a unisex hostel would not be as effective.

I assume effective does not mean "is safer for women having conducted an equality impact assessment"

OP posts:
LangCleg · 03/07/2018 16:20

From the impact statement with regard to the protected characteristic of sex:

The Equality Act 2010 provides exceptions where what might otherwise be unlawful discrimination against individuals with the protected characteristic of ‘gender reassignment’ is permitted, such as in gender-affected sport, single and separate-sex service provision, employment, communal accommodation, the armed forces, an employment-related insurance services. These exceptions are often intended to allow for privacy and dignity of individuals. These provisions will stay in place after any reform of the GRA; the consultation contains no proposals to amend the Equality Act. The Government is keen to gather further evidence on this point for us to identify any possible impact. The consultation asks questions about how reform of the GRA will affect the operation of the Equality Act exceptions, to enable the Government to gather further evidence of the impact of any reform on women. The consultation also asks about how reform of the GRA might impact on single sex service provision.

See (my) bold. So very important that our responses address the interactions between the GRA and EqA exemptions.

Also important that we address the interaction between privacy for the protected characteristic of gender reassignment and the integrity of single sex protections under EqA (should be some circumstances where asking to see a GRC/finding out if one has been issued is legal).

Original poster
Anlaf · 03/07/2018 16:15

I'm quite interested in the drafting of the consultation doc. It's relatively clear in places and in others seems very partisan.

It even calls the public debate in recent months has been unkind or even discriminatory

OP posts:
RatRolyPoly · 03/07/2018 16:13

Oh look at that, so you can still exclude people on the basis of their gender reassignment where necessary can you? Who would have thought it. It's not like anybody round here has been bashing their head against that brick wall saying that is it.

Thanks for the link - will read it.

Original poster
Anlaf · 03/07/2018 16:09

There is a glossary!

Sex: Assigned by medical practitioners at birth based on physical characteristics. Sex can be either male or female.

Single or same sex services exception: These are terms used in relation to the Equality Act 2010, specifically paragraph 28 of Schedule 3. This paragraph allows service providers who are providing a service to men or women only, or providing services separately or differently to men and women, to act in a way that would otherwise be unlawful gender reassignment discrimination, if this is a proportionate means of achieving a legitimate aim. This might allow, for example, a domestic violence refuge for women to refuse entry to a trans person, pro vided it is proportionate to do so and the purpose is legitimate

OP posts: