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Feminism: Sex and gender discussions

Welsh Assembly and the lost equality impact assessment

263 replies

thatdamnedwoman · 31/07/2019 09:23

The Welsh Assembly produced a 'Welsh Government Action Plan to advance equality for transgender people' in 2016

gov.wales/atisn13028

and said that an impact assessment had been carried out.

A Freedom of Information request was issued on March 2019 asking to see the impact assessment. The Impact assessment appears to have been lost. No trace of it anywhere — even though the Action Plan to Advance Equality for Transgender people mentions the importance of Impact Assessments. Here's the correspondence:

tinyurl.com/y6kxt29n

(I've had to do tinyurl as the original link was so long) It links to whatdotheyknow.com

If anyone here is sitting around at home today with nothing special to do you could check your local council (and possibly also town council and even parish council) on line and find out what resources/ action plans/ policies they have relating to transgender issues. If you find any, you could then use the letters in the whatdotheyknow link above as a template for making an FOI request asking about impact assessments.

My guess is the Welsh Assembly won't be the only body pushing change through without considering the impact on half the population. Let's help reveal this as the scandal we know it to be.

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OhGodWhatTheHellNow · 19/11/2019 21:11

Sorry, posted twice Blush

OhGodWhatTheHellNow · 19/11/2019 21:10

This reply has been deleted

Message withdrawn at poster's request.

OhGodWhatTheHellNow · 19/11/2019 21:09

This reply has been deleted

Message withdrawn at poster's request.

FOIrequester · 19/11/2019 16:14

This is the questionnaire.

The first question is about confidentiality:
"Please discuss this key point from the draft Transgender Policy for Denbighshire Schools and answer the following questions:"
"School staff shouldn't tell anyone else about a young person's transgender status unless they have to legally, or the young person has asked them to. This includes telling parents or carers, professionals and other young people"
"1. What might make this difficult for young people and for schools?"

The draft policy said that parents shouldn't be told if their child identifies as transgender. There is no option in their questionnaire for anyone to suggest that this might not be in the child's best interests, they just ask for suggestions on how to implement it.

This isn't a consultation - they'd already decided what was going into it before these sessions.

FOIrequester · 19/11/2019 15:54

I've had a reply from Denbighshire Council to my second FOI request about the consultation for the transgender policy. I must admit I'm a bit surprised at what seems to have passed for a consultation.

www.whatdotheyknow.com/request/consultation_for_the_gender_iden#incoming-1471480

It appears they held two 'consultation sessions', one for invited attendees representing 'Schools, Governing Bodies and Professionals' and one for young people (also invited). There is no indication of a wider consultation taking place for people who didn't attend these sessions - I will ask for confirmation of this once I have read the information they've sent more thoroughly.

@OhGodWhatTheHellNow @dontdoxmeeither do you know if your schools were invited to this?

Ereshkigal · 29/10/2019 23:05

Another update on the Denbighshire schools policy FOI. I've just had a response to the internal review. They have sent the same document again with a bit more detail about what they are doing for trans children, but they have still only considered one of the protected characteristics covered by the Equality Act.

This seems to be happening in a number of areas. Clearly training in how to carry out an EIA, and what the point of them is, is somewhat lacking.

Ereshkigal · 29/10/2019 22:48

Well done, FOIrequester, you're doing a fantastic job holding their feet to the fire.

BadgertheBodger · 29/10/2019 20:43

It’s winding me up quite considerably that they think slinking around deleting things while pretending everything is totes fine nothing to see here at all. This blank refusal to acknowledge they’re in the wrong is outrageous, it seems to indicate that they think they can get away with it. Well, no. That’s not how democracy works. If you have a procedure which ought to be followed then you can fucking well follow it. At the moment it just looks like the same old rank misogyny and lack of giving a shit for anyone who isn’t super special sparkly trans.

FOIrequester · 29/10/2019 12:12

MoleSmokes the Transform Cymru toolkit is in downloadable form here.
youthcymru.org.uk/wp-content/uploads/2014/04/39880-YC-TransForm-Toolkit-English-Final.pdf

They've changed their website recently. The pdf link was easier to find from the old site. I've written to Jane Hutt today asking (again) for this and the Welsh Women's Aid transgender policies to be removed due to not being properly impact assessed.

There was a link to the toolkit from this page, but it doesn't seem to work any more.
youthcymru.org.uk/all-projects/

The link you posted and my one above still seem to work.

FOIrequester · 29/10/2019 11:58

Request for internal review sent today.
www.whatdotheyknow.com/request/information_about_the_equality_i#outgoing-956633

OccasionalKite · 25/10/2019 01:23

Thank you for persevering; and serious respect to all of you who are not letting this go.

The Welsh Government website(s) are currently an utter shambles in many areas, if you're trying to google.

MoleSmokes · 24/10/2019 23:21

FOIrequester congratulations on getting that Action Plan removed from the Welsh Gov't website!

Cuntysnark I had the same thought about asking for receipts for payment for work done on the Action Plan for the Welsh Gov't and went looking for clues to who might have done it.

I still think it is worth asking if any outside bodies were funded or commissioned to produce it and, if so, how much they were paid. However, from what I could work out from snippets of information here and there, it looks as if it might have been produced solely by the "Fairer Futures Division" of the Welsh Government, though with some organisations being granted funds to produce "guidance", "training", etc. as part of implementing the plan.

The two voluntary organisations that stand out are the ones already mentioned by FOIrequester, ie. Welsh Women's Aid and Youth Cymru, the latter for producing the "Transform Toolkit".

I don't know who is responsible for the Youth Cymru website but they need a kick up the arse for this monstrosity of an inaccessible, dog's breakfast of a website. Massive chunks of code all over the place, navigation links that do not work and the "Transform Toolkit" can, apparently, only be accessed by scrolling the inaccessible PDF embedded on this page:
youthcymru.org.uk/transform-toolkit/

As the Welsh Government has told FOIrequester that the "Trans Action Plan" is "out of date" it is worth looking out for any relevant motions going to the Assembly about its replacement/updating.

The Trans Action Plan exists as a result of a Lib Dem motion on 19/11/2014 that included a proposal for Transgender Action Plan.

Assembly Proceedings 19/11/2014
"Welsh Liberal Democrats Debate: The Transgender Community"
www.assembly.wales/en/bus-home/pages/rop.aspx?MeetingID=2764&language=en#C184097

Motion NDM5623 Aled Roberts

To propose that the National Assembly for Wales:

  1. Recognises that transgender people in Wales are among the most vulnerable to social isolation and prejudice.
  1. Notes that there is inadequate service provision in Wales for the transgender community in a number of areas, including employment and training, healthcare and housing.
  1. Calls on the Welsh Government to:

a) identify a Minister to take responsibility for the issues faced by the trans community;

b) formulate an action plan for identifying institutionalised prejudice, improving access to public services and tackling social stigmatisation, harassment and bullying for this group; and

c) report back to the Assembly within 6 months of the Minister being appointed.

Voting:
www.assembly.wales/en/bus-home/pages/votes.aspx?MeetingId=2764#2764_0013_000_180127

I presume that most of the votes against were because the proposal was to adopt the motion unamended and there were three amendments about "hate crime" that would have otherwise gone to the vote?

Amendment 1—Paul Davies
Insert new sub point at end of point 3:
‘raise public awareness of transgender hate crime, to encourage reporting of incidents by victims.’

Amendment 2—Paul Davies
Insert new sub point at end of point 3:
‘ensure that transgender victims of hate crime have access to comprehensive and easily accessible support services.’

Amendment 3—Elin Jones
Add as new point at end of motion:
Work with LGBT groups and Police and Crime Commissioners to ensure that the police force takes transgender hate crimes seriously and that victims feel able to report crimes and are supported throughout the criminal justice process.

The proposers and movers of the amendments all voted against the main motion, as did Leanne Wood, who was pushing the "hate crime" line again earlier this week, as a justification for removing the right of parents to exclude their children from Relationships and Sex Education lessons.

LGBT hate crime is rising in Wales – we need to tackle it now
Nation.Cymru 23rd October 2019

Sian Gwenllian and Leanne Wood, Plaid Cymru AMs

(Extract)

"The Welsh Government have a framework for tackling hate crime but we haven’t been updated on its progress for almost two years.

Meanwhile, preventative measures are needed to solidify the safety of our communities and to see hate crime figures drop permanently.

That starts in schools.

For example, lessons in relationship and sex educations would mean children gain a clear understanding of the diversity of healthy, social beings and relationships. They would learn about different types of families, friendships, professional relationships and sexual relationships as well as identity acceptance, tolerance, and inclusivity.

It’s crucial that this education is delivered to every child in Wales and that parents’ right to withdraw does not extend to this section of a child’s education. Schools must have the confidence to be able to deliver RSE lessons effectively.

But the real, long-term change can come from a better justice system.

The current ‘England and Wales’ criminal justice system is failing our communities and does not work for Wales. We need change – and full power and responsibility over criminal justice to create a fairer system to the benefit of all our communities and to enable us to build our own system in Wales that fits the needs of our citizens.

Wales could create a fairer, transformative system that would be a beacon for justice around the world and ensure an integrated approach to tackling LGBT hate crime and protect LGBT people in Wales.

For example, we could review hate crime laws so that hate crimes based on sexual orientation, gender identity or disability are treated equally to those based on race and faith, by making them aggravated offences. We could also train all prosecutors on anti-LGBT hate crimes on and offline, track successful prosecutions to develop best practice, and provide targeted support to victims.

We could also focus on tackling abuse online and develop training packages for frontline practitioners to improve their knowledge of online hate crime and their confidence in dealing with this form of crime.

We are far from the days of Section 28 and the anti-equal marriage lobby. But we still have so much more to do before LGBT people can feel safe and accepted without exception in Wales today."

(My bolding)

Continued at:

nation.cymru/opinion/lgbt-hate-crime-is-rising-in-wales-we-need-to-tackle-it-now/

Main points I picked up:

  1. wanting to remove the rights of parents to exclude their children from Relationships and Sex Education lessons
(In a previous consultation, 89% of respondents backed the right of parents to take children out of the classes: www.bbc.co.uk/news/uk-wales-49879797 )

Current 8 week consultation opened on 3 Oct:
gov.wales/welsh-government-working-teachers-parents-and-students-ensure-learners-have-access-broad-and

  1. wanting a separate Criminal Justice System for Wales, so that they can ramp up the "hate crime" prosecutions, including "online hate crime", for a wider range of protected characteristics - such as the non-existent protected characteristic of "gender identity" but no mention of the actual protected characteristics of "sex" and "gender reassignment".

The comments are good (so far) - maybe a good opportunity to also give them a public prod in the ribs about that missing EIA and how competently the Welsh Government has been dealing with trans policies, seeing as how they are so keen on LGBT issues and want the Welsh Gov't to run its own Criminal Justice System?

Perhaps Welsh criminals will be allowed to delete sentences after a year like the Welsh Government deletes emails??

teawamutu · 24/10/2019 14:31

This is brilliant investigative work, my zeist admiration to you all.

Regarding the lost plan and the Webberley link - surely the Times or similar would find it of interest?

PopeHalloweerious · 24/10/2019 13:08

I have nothing to add but I am following with great interest (and many thanks to you FOI)
Sending a link to Webberley's website is just... I have no words!

FOIrequester · 24/10/2019 12:58

MoleSmokes Thanks for linking to that consultation. It was mentioned in the reply from Jane Hutt's office yesterday, but I haven't had time to read any of it yet. Also thanks for the links to the other FOI requests which I hadn't seen.

Not only did they lose the EIA (if there ever was one) but it seems that they have also withdrawn (or accidentally hidden!) the "Welsh Government Action Plan to advance equality for transgender people"

I asked Jane Hutt to withdraw the Transgender Action Plan due to the loss of the Equality Impact Assessment. Last time I checked it was still there, but the link I had bookmarked now just goes to the gov.wales home page. This is the link: gweddill.gov.wales/docs/dsjlg/publications/equality/160314-transgender-action-plan-en.pdf

So having told me yesterday that they weren't going to withdraw the Transgender Action Plan, they seem to have quietly done just that.

The GenderGP link they sent me is to the summary of consultation responses. This document is still available in the Welsh Government archive, so there is no excuse for linking to a third party site, particularly one run by a suspended and discredited doctor with a criminal record for running an illegal clinic. <a class="break-all" href="https://webarchive.nationalarchives.gov.uk/20160419022823/gov.wales/consultations/people-and-communities/equality-transgender-people-consultation/?lang=en" rel="nofollow" target="_blank">webarchive.nationalarchives.gov.uk/20160419022823/gov.wales/consultations/people-and-communities/equality-transgender-people-consultation/?lang=en

Berthatydfil · 24/10/2019 12:51

@FOIrequester
I copied all my AMs into the letter I sent to my MP but he is the only one to reply (even acknowledge the letter)

MockersthefeMANist · 24/10/2019 11:54

As so often, it's not the initial offence, it's the cover-up.

FOIrequester · 24/10/2019 11:52

Berthatydfil That's quite a positive response from Mohammad Asghar, but pretty appalling that the Welsh Government have just 'brushed away' his concerns. They've been doing that to me, but I'd have hoped that an AM raising concerns might carry more weight.

I've written to my constituency AM and some of my regional AMs about this, but no response yet. I wrote to them at the same time as I wrote to Jane Hutt, who replied yesterday, so I'll give them until next week then write a follow-up asking for a response. My constituency AM has usually responded quite promptly, but on one occasion claimed not to have received an email when I wrote again a month or so later asking why I hadn't had a reply.

FOIrequester · 24/10/2019 11:33

Like a pp, I'm shaken by the level of ineptitude and flagrant disregard for regulations on display. My faith in the governing bodies of this country has been shattered.

This has been quite an education for me about the competence of the people running the country.

And, as an aside, what sort of organisation auto-deletes all emails after a year?

I think this is standard practice in some government departments. Any important emails are archived elsewhere and there is an auto-deletion policy for the mailboxes. What I understand from their response is that they didn't bother searching mailboxes because of their auto-deletion policy, and they didn't find anything in a search of their archives (apart from the single ministerial briefing).

I have forwarded their responses to my open complaint with the ICO to investigate. I still haven't heard any more from them, and it looks as though enquiries have to be made by phone, not email, so I will probably have to phone them soon to try to progress that further.

Cuntysnark · 24/10/2019 09:04

Apologies if this has been done/suggested but would it be possible to do a FOI request on the finances to find out who invoiced them for doing the work?

MoleSmokes · 24/10/2019 07:55

Not only did they lose the EIA (if there ever was one) but it seems that they have also withdrawn (or accidentally hidden!) the "Welsh Government Action Plan to advance equality for transgender people" FOIrequester.

The only copy on the Welsh Government website seems to be the one without a front cover that they uploaded in response to your FOI Request. That one does not turn up in Search Results because the file name is the FOI reference number: "ATISN%2013341%20%20-%20Doc%201.pdf"

Perhaps that is why they sent you the link to the copy on the Webberley site, FOIrequester , ie. because they couldn't find the copy they posted to you earlier? Who knows, if there ever was an EIA then maybe that got lost the same way, by being saved with some weird file name?

I happened across a couple of other FOI replies that are interesting if you have not seen them before:

"ATISN 11591 Welsh Government interaction with transgender organisations" (24 Oct 2017)
gov.wales/sites/default/files/publications/2019-01/171025atisn11591lttr.pdf

"ATISN 13110 Funding for Welsh Women’s Aid" (9 May 2019)
gov.wales/sites/default/files/publications/2019-05/ATISN%2013110%20.pdf

However, I am wondering if there is an opportunity right now to influence what happens for women over the next four years?

(Apologies if this has been mentioned earlier or in another thread thatdamnedwoman)

------

The very last paragraph of the main text of the "Trans Action Plan" says:

"The Transgender Action Plan will feed into the revised Welsh Government Strategic Equality Plan for 2016-2020."

gov.wales/sites/default/files/publications/2019-09/ATISN%2013341%20%20-%20Doc%201.pdf

"Welsh Government Strategic Equality Plan 2016-2020"
gov.wales/sites/default/files/publications/2019-03/equality-plan-and-objectives-2016-2020.pdf

"Strategic Equality Plan 2016-2020 - Equality Impact Assessment"
(this exists! Lawks'amercy!)
gov.wales/sites/default/files/publications/2019-03/equality-plan-and-objectives-impact-assessment.pdf

One of the 4 Sept 2019 replies to your FOI Requests states that the "Trans Action Plan" is "out of date":

"ATISN 13341 - Documents relating to the Equality Impact Assessment for the Transgender Action Plan"
gov.wales/sites/default/files/publications/2019-09/ATISN%2013341-%20Final%20Response%20Due%204%20September.pdf

"The Transgender Action Plan is now out of date. In terms of what actions we take next, we await the feedback of the UK Government’s consultation of the Gender Recognition Act the findings of which are due to be published in the Autumn. Once in receipt of those findings, we intend to consider what action we will need to take in Wales to advance equality for transgender people. A new Transgender Plan would require a new Equality Impact Assessment to be produced to assess its impact ."

However, the actions in the "Trans Action Plan" relate to the 2016-2020 Strategic Equality Plan, as promised by the Welsh Government, and it is about to be updated.

Consultation on the Strategic Equality Objectives 2020-2024

gov.wales/written-statement-launch-strategic-equality-objectives-2020-2024-consultation-2019

Consultation document - deadline 19th November
gov.wales/strategic-equality-objectives-2020-2024

Extracts

"Introduction

Section 149 of the Equality Act 2010 sets out the Public Sector Equality Duty (PSED) which, in summary, places a duty on public bodies to have due regard in exercising their functions to the need to:
 Eliminate discrimination, harassment, and victimisation;
 Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and
 Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The PSED was developed to harmonise the previous equality duties regarding race, disability and gender equality, and to extend across all of the protected characteristics under the Equality Act 2010.

The 9 protected characteristics are:
age
disability
gender reassignment
pregnancy and maternity
race
religion or belief
sex
sexual orientation
marriage and civil partnership (in relation to being treated differently at work)."

"In October 2018, the Equality and Human Rights Commission (EHRC) published Is Wales Fairer? – a comprehensive review of how Wales is performing on equality and human rights. The report provides valuable data and evidence that will support the efforts of all our public bodies to reduce inequality in Wales.
The EHRC looked across six themes of life (“domains”):
 education;
 health;
 living standards;
 justice and security;
 work; and
 participation
It compared outcomes for groups in areas such as pay gaps, educational attainment, and experiences of hate crime.

What’s new?

We have used the analysis from our early engagement with stakeholders and the evidence contained in Is Wales Fairer? 2018 to prepare a draft set of Equality Objectives. Our aim is to ensure our Equality Objectives for 2020-2024 will address the challenges set out in Is Wales Fairer? 2018. To support this, the actions relating to each objective will be arranged using the domains in that report.

This consultation document does not include all of the actions that will contribute to achieving the objectives. The focus at present is on ensuring the objectives themselves, and the long-term aims to which they will contribute, are the right ones.

This consultation therefore asks you consider the following:

 What are the greatest barriers facing those with protected characteristics in Wales; and
 Whether the Welsh Government’s draft Equality Objectives adequately capture and address those challenges."

----

The Consultation Document is a hefty thing and I have not read all of it - enough to see that there is plenty of scope for a woman-focussed SWOT analysis Smile

REPEATING in case this key bit got buried in the blurb above:

Consultation on the Strategic Equality Objectives 2020-2024

gov.wales/written-statement-launch-strategic-equality-objectives-2020-2024-consultation-2019

Consultation document - deadline 19th November
gov.wales/strategic-equality-objectives-2020-2024

Becles · 24/10/2019 07:32

@FOIrequester You are amazing. Thank you Flowers

Berthatydfil · 24/10/2019 07:14

I send an email to my mp about the draft National guidelines a few weeks ago and I also copied the letter to my welsh AMs.

I have had one reply - see below. He is also aware of the lost impact assessment.

Thank you for contacting (Oscar) Mohammad Asghar AM to let him know your concerns regarding the draft guidelines.

I can confirm that Oscar shares your concerns. As you rightly pointed out, the onus to safeguard children should be on the adults caring for them, not the children themselves.

Oscar wants transgender people to have the freedom to live their lives in a way that feels right to them, however this cannot be at the expense of the safety of young people who have an equal right to be protected and feel safe in their environment.

In 2016, the Welsh Government created an Action Plan to advance equality for transgender people . As part of this Action Plan, an Equality Impact Assessment should have been carried out to ensure that the Action Plan did not discriminate against any disadvantaged or vulnerable person or people in our society. Oscar has since learnt that the Equality Impact Assessment document has been “lost” by the Welsh Government. Oscar has pressed the Welsh Government to explain how this important document has been lost and what action they intend to take to ensure that no disadvantaged or vulnerable people in our society are discriminated against without it. I regret to say that the Welsh Government’s response to this matter was not satisfactory and brushed away Oscar’s concerns.

Please be assured that the safeguarding of children is highly important to Oscar and that he will continue to hold the Welsh Government to account on this matter.

Kind Regards / Cofion gorau

TheBullshitGoesOn · 23/10/2019 23:33

Brilliant work FOIrequester.

Like a pp, I'm shaken by the level of ineptitude and flagrant disregard for regulations on display. My faith in the governing bodies of this country has been shattered.

And, as an aside, what sort of organisation auto-deletes all emails after a year? If that is genuine (as opposed to a cover up) then that is yet another level of incompetence.

CaptainKirksSpikeyGhost · 23/10/2019 22:27

I’m still a bit shocked that this was apparently a complete fairytale mindset.

That's because you've always gone with the grain and never excercised your rights to see if they actually exist.
Now you've realised they don't, it's all lies and the whole party system is useless if those in charge, who are supposed to speak for us, don't, and instead all think the same, talk the same and want the same outcome, power.