Please or to access all these features

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.

OP posts:
Thread gallery
7
S1naidSucks · 05/08/2019 15:38

That’s fantastic letter and I wish it was published in one of the Welsh papers and online, so everyone can see how children and women’s safety has been completely overlooked, in order to appear woke.

Prawnofthepatriarchy · 05/08/2019 15:33

That's an extremely impressive letter, Oldstyle. I really don't envy the person asked to reply to you.

truthisarevolutionaryact · 05/08/2019 15:27

A very good letter that needs sharing widely. Hopefully you can get some media coverage??

FOIrequester · 05/08/2019 15:26

That's an excellent letter, Oldstyle. I hope you get a response from them (I am no longer optimistic about such things).

chilling19 · 05/08/2019 15:04

Old great letter. Look forward to the reply.

Oldstyle · 05/08/2019 13:43

Letter to EHRC re Welsh Government’s loss of Equality Impact Assessment (names redacted).

I am writing on behalf of Lleisiau Merched Cymru/Women’s Voices Wales (LMC/WVW). We are a feminist group (unfunded and voluntary) working to uphold and extend where necessary women’s sex based rights. We are concerned that a serious lapse in responsibility for equality has taken place within Welsh Government. We are drawing it the attention of the EHRC in Wales in the hope and expectation that you will take action.

In 2016, Welsh Government carried out an Equality Impact Assessment for their ‘Action Plan to advance equality for transgender people.’ This was a crucial document in terms of Equalities work by a public body. The EHRC in Wales has offered clear and firm guidance to Welsh Government and other public authorities on assessing impact and the Equality Duty (link below).

www.equalityhumanrights.com/en/advice-and-guidance/equality-impact-assessments

The EHRC stresses the need for public bodies to “...eliminate unlawful discrimination, advance equal opportunities and promote good relations between people.” It also reminds public bodies that “Decisions must not discriminate between people based on any protected characteristic.” The section on EIA ‘Myth Busters’ also states: “EIAs are a tool to be used in evidence-based policy making and therefore should be an integral part to good decision making by an organisation.” The EHRC reminds us that “Authorities which fail to carry out EIAs risk making poor and unfair decisions which may discriminate against particular groups and worsen inequality.”

Welsh Government are also clear about the value of an EIA. Their Annual Report on Equality (2016), states: “Equality Impact Assessments are live and continuous assessments which last the lifecycle of the decision or policy and, in some cases, beyond. In Welsh Government, on completion of Equality Impact Assessments, an action plan and review date is required. At this review date, the original assessment of impact on protected characteristics must be reconsidered and evaluated. Where new impacts are identified, or evidence has been gathered which supports our original assessment of impact, these are incorporated into the assessment.”

In response to an FOI submitted in March 2019, it appears that Welsh Government have lost the Equality Impact Assessment. Details of the FOI correspondence can be read here: -

www.whatdotheyknow.com/request/equality_impact_assessment_for_t_2?fbclid=IwAR3ynVysZyzAr2l0lUQKH3IeYavXTvsnN4sjHVykgxTqVNREBbbkYXVivBk

The ‘Head of Gender Equality Review’ for Welsh Government states: “I can confirm that Welsh Government does not hold this information and it is not held by any other organisation. I understand that at the time of the development of the action plan an equality impact assessment was undertaken, to be updated throughout the consultation process. A decision was taken at the time not to publish the document until the consultation was completed. We have undertaken a thorough search, unfortunately, it appears that this document has been deleted from our electronic record system and is not available to access.”

In response to a further query, the Welsh Government Communities Division wrote: “...since the loss was only discovered following your request, no consideration has been given until now to replacing it. Given the passage of time since the Action Plan was published in 2016, doing so would be difficult and of limited value, since any such retrospective action would inevitably be affected by subsequent developments.”

This response is totally inconsistent with Welsh Government’s own description of an EIA as a “live and continuous assessment.” The Action Plan feeds into current and future Equality Reviews and ultimately policy making. It is not acceptable for Welsh Government to brush off the loss of an EAI in this way.

The Action Plan to advance equality for transgender people covers the following areas: - Children and Young People, Communities (Hate Crime, Violence Against Women, Domestic Abuse and Sexual Violence, Sport Public Transport), Public Services (Health, Housing) and the Workplace.

Such a wide ranging Action Plan means the impact of any action, policies or guidance are likely to have a considerable impact on all groups with Protected Characteristics. This makes the loss of the Equality Impact Assessment – and Welsh Government’s cavalier attitude towards it – a very serious breach of equality duty. The fact that Welsh Government were not even aware they had lost the EIA until an FOI was made is shocking.

How can a document be a “live and continuous assessment lasting the lifecycle of the decision or policy” when it does not exist? How can it be reviewed, reconsidered or evaluated? How can new impact or new evidence be taken into account?

LMC/WVW and many other women in Wales are concerned that Welsh Government’s transgender Action Plan did not consult widely enough on how women could be affected or consider the impact on women’s spaces, services and rights. We are very aware as feminists that Welsh Government – who provides guidance for other public bodies in Wales – must carry out its duty in terms of Equality law, and also be seen to do it. Their failure to do undermines public faith in both Welsh Government and Equality law, and has very real consequences for women in Wales.

LMC/WVW would like to see accountability for the loss of the EIA, and a new, comprehensive EIA made a priority. We would be grateful if you could let us know what steps EHRC Wales will take in raising the issue with Welsh Government.

KatvonHostileExtremist · 05/08/2019 07:10

You lot are amazing.

they LOST IT???! What utter fools, just fess up. You didn't do one did you! And that kind of sums up how you don't care about women and girls.

TriptychDebbie · 05/08/2019 06:45

Really useful link @FOIrequester thank you for that.

I'm definitely going to keep a close eye on my local council. Many local policies come from Brighton including what happens in our schools.

OccasionalKite · 05/08/2019 00:13

FOIrequester:

Many thanks for your latest information. It really is very helpful.

Thank you.

FOIrequester · 04/08/2019 23:19

If you have any queries please don’t hesitate to contact me via email and I will be very happy to clarify what I am asking for and discuss the request, my details are outlined below.

Please don't put your email on your request. Whatdotheyknow is a public site where anyone can view any information you put on there. They should remove any emails from requests as they have done with SisterResister's, but please be careful about your own privacy. If the organisation that you contact needs further information they can contact you on the site.

My reason for using whatdotheyknow.com for my FOI request was so that all my correspondence with Welsh Government would be visible to anyone who wanted to view it. In my case, it means that all their evasion and obfuscation is there for everyone to see. On the Welsh Gov. website, you can only see that they have been asked for some information which they say they don't have.

You should also think about what form of your name to use and whether you want some degree of anonymity. You can use a pseudonym, but if you think there is a possibility that you will want to contact the Information Commissioner you should use your real name.

"The guidance says that “Mr Arthur Thomas Roberts” can make a valid request as “Arthur Roberts”, “A. T. Roberts”, or “Mr Roberts”, but not as “Arthur” or “A.T.R.”."

"Women may use their maiden name."

More here: www.whatdotheyknow.com/help/privacy#real_name

I opted to use initial + surname, which makes me fairly anonymous, whilst still using my real name so that I can go to the Information Commissioner if necessary. Welsh Government themselves know my full name from the earlier email correspondence I referred to in the request.

Oldstyle · 04/08/2019 21:57

Well spotted Mole! This particular thread is turning up a coven of sleuths and revolutionary stalwarts. I feel quite over-excited to be rubbing shoulders with you all.

Oldstyle · 04/08/2019 21:55

Was this you SisterResister? If so, can I borrow it to use for my own dear woke council?

Dear ---- City Council,
I am writing to you under the Freedom of Information Act 2000 to request the following information:
The Equality Impact Assessment regarding the guidelines about transgender children being allowed to use toilets, changing rooms and sleeping accommodation based on gender not sex with particular reference to the impact on women and girls who share the protected characteristic of sex.
If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.
If you can identify any ways that my request could be refined I would be grateful for any further advice and assistance.
If you have any queries please don’t hesitate to contact me via email and I will be very happy to clarify what I am asking for and discuss the request, my details are outlined below.
Thank you for your time and I look forward to your response.

SisterResister · 04/08/2019 11:26

I've submitted an FOI request to Birmingham City Council for their impact assessment undertaken before they finalised and issued their Trans Toolkit for Schools

Welsh Assembly and the lost equality impact assessment
Welsh Assembly and the lost equality impact assessment
Welsh Assembly and the lost equality impact assessment
SonicVersusGynaephobia · 04/08/2019 10:17

Berthatydfil

I didn't realise EIA could be used in this way, that's very reassuring and gives me hope.

MoleSmokes · 04/08/2019 01:42

Hi @FOIrequester ! Really pleased to see you here! It was me who passed on the tip about your FOI Request to Welsh Resisters via a local Resister contact. (I am Welsh but in exile Smile )

I search "What Do They Know" regularly in case there are any relevant FOI requests and I must have used a slightly different search term this time because it was the first time your FOI appeared in Search Results.

I was gobsmacked when I read the correspondence - and cheering you on for your persistence! Flowers

The arrogance of that blasé "Now run away and play" response from the Welsh Govt that, as the GRA Reforms had been kicked into the long grass, that they weren't going to bother themselves doing a new EIA to replace the "lost" one.

I don't see how they can get away with claiming that as the Trans Plan was produced by an external body that an EIA is not required. If the Welsh Govt was thinking of adopting any plan they would still need to do an EIA. Pathetic attempt to wriggle out of their responsibilities! (They obviously did not realise that they were dealing with a Shero of the Women's Resistance!! - More flowery tributes! Flowers Flowers Flowers Smile )

@thatdamnedwoman if it was you who sent "hugs" via the Resisters Bush Telegraph - received - thank you!!

(Have to confess that getting this out into the wider world reminded me of this Grin )

www.dailymotion.com/video/xtd7s7

OccasionalKite · 04/08/2019 00:58

This is an extremely interesting conversation, and thanks to all further contributions of information.

Berthatydfil · 03/08/2019 15:46

Caerphilly county is trying to shut a leisure centre. There’s a lot of opposition and protests locally according to the press.
The protestors got a judicial review of the proposed closure a couple of months ago and judge was not impressed with the EqI A, as it didn’t address each protected group fully so the closure is on hold.
It seems to me that if a judge can halt a leisure centre closure in a small village with plenty of other facilities in nearby towns then surely the lack of one for a national policy that impacts a significant proportion of the population wouldn’t be well received.

MaxW · 03/08/2019 15:40

Responding to OccasionalKite :
Women's Aid can under EqAct 2010 discriminate only in favour of women as per the protected characteristic - sex. Transwomen are men as the EHRC guidance of 2018 stated, so are males in the non-binary category that the Welsh Womens Aid guidance seeks to include. If they do include such categories of men which are not ProtChar in the EqAct, then they have to allow all men. They could choose to include 'women' and 'transsexuals' as coming under the ProtChar of gender reassignment, but not all 'trans' people. It's time Welsh Womens Aid policy was challenged as in breach of the EqAct 2010. My sister started up and gave years of her life to Womens Air in Aberystwyth; family loyalty motivates me to defending what she helped create.

MaxW · 03/08/2019 15:22

@thatdamnedwoman
the Vale of Glamorgan did do a tick-box EqIA on its Transgender Toolkit for schools. It didn't see "girls" as a protected characteristic, nor 'muslim'. Individual girls who are unhappy with shared toilet/washing/changing facilities are supposed to find other provision, rather than the self-IDing trans boy-to-girl. I can supply the EqIA if you ask me on [email protected]

Sicario · 03/08/2019 08:05

There is a lot of relevant discussion on this current threat about enforcing the Equality Act.

www.mumsnet.com/Talk/womens_rights/3651589-Enforcing-the-Equality-Act

OccasionalKite · 03/08/2019 00:25

Will be using some of the weekend to write to my Welsh Assembly members about this casual lack of Equality Impact Assessment, (that got eaten by the dog, and in two languages!) when it comes to the rights of women and girls

Plus the fact that the Welsh Government is actually financing trans dogma.

It is disgusting.

missedith01 · 02/08/2019 08:03

FOIrequester I think now they seem to have given the final "run along" on the FOI front, it might be worth pursuing on the equalities front. The issue seems to have moved from "where is this document?" to "OK, you admit it doesn't exist, why doesn't it?" and I'm not sure that's a question FOI can answer.

Thanks for pursuing this, you are an inspiration.

Alislia17 · 02/08/2019 03:23

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.