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Feminism: Sex and gender discussions

Call to Action please!

46 replies

Fishdoggy · 26/02/2021 12:07

As we are all contacting the wonderful Baronesses and Lords may I ask you draw attention to the stealth misuse of language on the Government Home Office page. (Also see the Passport Office and the Parole and pg 5 of the Legal Aid)

See the Equality Objectives
We will not discriminate on grounds of age, caring responsibilities, disability, gender, gender identity, marriage and civil partnerships, part-time working, pregnancy and maternity, race, religion or belief, sexual orientation or any other factor irrelevant to a person’s work.
www.gov.uk/government/organisations/home-office/about/equality-and-diversity

Across the country, charities and small hobbies are using this page to use as the EDI in their constitutions. This is deliberate by civil servants, it's embedding "gender" not Sex deep into our culture. Obviously my own group listened to me and changed the wording to follow the EA2010 but others won't realise.

My MP understands my point but doesn't think the Home Office are trying to re-write the EA2010. I disagree with him, it's imperative the words are accurate and correct at the source of information.
There is a complaint form at the bottom of the page but I am finding as fast as I report, my cases get closed without response. I've told Baroness Nicholson and copied in Liz Truss. I've been advised this is a numbers game and to make a nuisance of myself until the page is corrected.

Good Mumsnetters, please can you do what you do so well? Add your voices, write to the HoL and your MP and please let's disinfect the rot of stealth misinformation.

Thank you. Wendy Johnson. (I am not afraid to be named)

OP posts:
gardenbird48 · 26/02/2021 12:22

See the Equality Objectives
We will not discriminate on grounds of age, caring responsibilities, disability, gender, gender identity, marriage and civil partnerships, part-time working, pregnancy and maternity, race, religion or belief, sexual orientation or any other factor irrelevant to a person’s work.

Thanks Wendy - this is an enormously important part of the pushback. So many government departments are so captured.

I had a letter from the GEO that confirmed they were upholding single sex spaces but literally the next sentence said that people could access spaces according to Gender Identity.

We have made enormous strides in raising public awareness but the mountain to climb will be writing you all of these organisations and forcing them to fix their incorrect wording.

Language is so important and they know that, this isn’t an accidental typo by a careless civil servant who can’t cut and paste. This is a deliberate action to replace the actual words that are in the law with different words.

I’m going to finish my thank you letters and then will get into it it with my MP and everyone else you’ve mentioned.

It would be useful if we could post examples of this false information so that each instance gets more exposure.

gardenbird48 · 26/02/2021 12:27

Sorry for the large screed - this was the response from the GEO to my query about single sex spaces.

This is the letter they wrote (so far so good)

Thank you for your correspondence about this extremely important issue. I am replying on behalf of the Minister for Women and Equalities. The consultation on the Gender Recognition Act 2004 has instigated a robust debate, with strongly held views on all sides.

Since this consultation closed, a considerable amount of work has gone into analysing the responses, meeting with a diverse range of organisations to hear as many views as possible and deciding what our next steps must be.

This Government wants transgender people to be able to live their lives as they wish. Legally changing one’s gender is a serious and meaningful undertaking. As set out in our recent announcement, the current system provides appropriate requirements that allow those who wish to legally change their gender to do so. We will therefore not be changing the existing legislation.

We will, however, ensure that applying for a Gender Recognition Certificate (GRC) is as straightforward and dignified as possible. We will be digitising the process and reducing the fee to relieve the administrative and financial burdens on transgender people applying for a GRC.

We are currently dealing with an extremely high volume of enquiries about the Gender Recognition Act. In addition, our continued work on the Government’s response to the COVID-19 pandemic continues to impact on our wider priorities.

Given this, we have produced a ‘Frequently Asked Questions (FAQ)’ document to reply to correspondence on these topics. We hope that you might find the answers to your questions in this FAQ. It is not exhaustive, and if you do not find this FAQ helpful in answering your questions or addressing the issues you raise, then please do contact us again.

Thank you for your patience.

Kind regards,
Government Equalities Office.

Dalyesque · 26/02/2021 12:27

Is there any other place to complain a the complaint button is probably the techy one? Seems important to get complaints to the civil servants not the computer fixer!

Thelnebriati · 26/02/2021 12:31

This is an easy bit of armchair activism - you don't have to give your name or an email address.

''prevent discrimination on the basis of age, disability, gender, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief or sexual orientation''
www.gov.uk/government/organisations/insolvency-service/about/equality-and-diversity

''If you collect personal information (eg ethnicity, gender, faith, sexuality) about job applicants or staff, you must protect their data.''
www.gov.uk/employers-responsibilities-equality-monitoring

Leafstamp · 26/02/2021 12:33

Done. On the complaints system and will be writing to my MP (again) this afternoon.

People may find this thread interesting, for similar reasons:

www.mumsnet.com/Talk/womens_rights/4161334-Does-anyone-fancy-emailing-the-DWP

OP posts:
Leafstamp · 26/02/2021 12:35

Thank you Wendy @Fishdoggy for bringing this to our attention. As someone has said already this is easy armchair activism, and also on the DWP thread - it is really important that these organisations know they are being monitored and are not infallible.

gardenbird48 · 26/02/2021 12:37

Followed by the FAQs (not so good)

Pay particular attention to points 11. and 12. There are also some strange statements like ‘we are not rolling back the rights of trans people’ and a claim that ‘trans people have been using the facilities of their gender for years with no problem’.

I asked for any evidence or research to back their claims but just got more gobbledygook. I will take this up with them again now as this bug push has inspired me.

FAQs

Gender Recognition Act

  1. What changes will the Government be making to the Gender Recognition Act 2004?


The Government has taken time to consider the issues raised and has decided that the current legislative system works to support people in changing their legal gender, whilst keeping the right checks and balances in place. 

However, we also wish to make the process of applying for a gender recognition certificate more accessible. To address this issue, we will look to digitise to streamline the current paper-based application process and remove the administrative burden on individuals wishing to change gender.

We will also remove the financial burden on transgender people applying for a GRC by reducing the fee to a nominal amount.

  1. Is the Government scrapping GRA reform?

After reviewing the legislation and consultation responses, the Government is confident that the current legislation ensures people who wish to change their legal gender can do so. We are committed to ensuring that transgender people can live the lives they wish whilst maintaining appropriate checks and balances in the system. Digitising the system and reducing the fee will help to address barriers to accessibility. 


  1. You said you would announce next steps on the GRA before Summer Recess. Why is this no longer happening?

We have carefully considered the responses to the consultation, both from those calling for reform and those arguing for the retention of safeguards. We have also continued to engage with experts on possible changes to the process and the evidential requirements.

We acknowledge that it has been a long time since the consultation closed, but this Government has been clear that we want to get our decisions on the GRA right: we understand the impact these decisions have on people’s lives. We have taken time to fully consider the views and concerns raised through the consultation. We are also fighting a global pandemic and this has created pressures on all departments.

  1. There have been reports that the consultation on the GRA found that respondents were in favour of extensive GRA reform. Is this accurate?

As a government, we had the responsibility to consider carefully all the contributions received and to ensure we properly address all the views expressed and concerns raised.

Taking everything into consideration, this government does not believe in moving towards a model of self-identification. Changing one’s legal gender is not a decision to take lightly and we need appropriate safeguards in place to support this process.

  1. Other countries have moved towards a system of self-identification. Why is the UK not doing so?



The previous Government sought views on how to make the process less bureaucratic and intrusive. Having listened to a wide range of views, this Government does not wish to move towards a process of self-ID. We wish to ensure that transgender people can live the lives they wish whilst maintaining appropriate checks and balances in the system. We believe that maintaining the existing system strikes the right balance. 



  1. Are you concerned that not moving towards a system of self-identification means that the UK will no longer be seen as an international leader on LGBT Equality?

 This Government is committed to supporting LGBT people here in the UK and across the globe. The UK continues to be recognised as one of the most progressive countries in Europe for LGBT rights by ILGA-Europe. 

The UK has accomplished a huge amount domestically and internationally; not least through introducing marriage for same-sex couples; appointing a National LGBT health adviser; and tackling bullying of LGBT people in schools. These are important steps in improving outcomes for LGBT people in the UK.

On the global stage, the UK is proud to be co-chair of the Equal Rights Coalition (ERC) alongside Argentina. We have ambitious plans for our tenure including the delivery of a UK-led strategy that seeks to re-energise the work of the ERC to ensure it meets its considerable potential. 

Our election manifesto also set out our commitment to deliver an international LGBT rights conference. Unfortunately, the global spread of Covid-19 meant that we postponed this event. We are looking at options to safely deliver on this commitment.

Taken together, all of this means the UK will have left a profound legacy on advancing LGBT rights around the world.

  1. How does the Government plan to improve the lives of transgender people?

In health?
This Government is committed to ensuring transgender people receive the care and support they need when accessing health services. That is why over the last few years, we have increased funding for specialised gender services by 50%. The NHS are also establishing 3 new gender clinics over 2020/21. The first of these was opened by the Chelsea and Westminster NHS Foundation Trust in July. The second of these will be delivered by the Merseycare NHS Foundation Trust this Autumn, and planning is underway to establish similar services in other parts of the country.

These new services will initially be provided to those who are already on a waiting list. The opening of these three clinics will lead to a reduction of around 1,600 patients waiting by 2022. The increases in clinical capacity will lead to greater patient choice, shorter waiting times, better geographical coverage and easier access.

in Education?
We want everyone, regardless of their sex, sexual orientation or gender identity, to have the confidence to be themselves. This also applies in schools. Since 2016, we have invested £4m to support schools in preventing and addressing bullying of LGBT students - reaching 2250 schools in England.
The Government Equalities Office is currently evaluating this programme to increase our evidence base on what works in schools, and, in June, the Department for Education announced it was extending its anti-bullying programme until March next year.

against Hate Crime?
We want to tackle all forms of hate crime, including transphobic hate crime. Government has asked the Law Commission to review the coverage and effectiveness of current hate crime legislation, which includes exploring whether transphobic hate crime should be considered an aggravated offence. We will work with the Ministry of Justice and the Home Office to ensure that those who commit these hateful attacks feel the full force of the law.

Equality Act 2010 exceptions for single-sex service provision

  1. How do the Equality Act 2010 exceptions for single-sex service provision work?

The Equality Act requires people providing services to the public to do so without discriminating against people because of their sex or because of their 'gender reassignment'. Exceptions in the Act allow provision of services to one sex only (for example men’s or women’s toilets or changing rooms) and transgender people, even those with a GRC, can be excluded from those spaces if this is justified. 

It is important that service providers can be confident in their ability to use these exceptions and know that the law is on their side.

11. Will the Government be amending the single-sex exemptions in the Equality Act?

The Government was very clear from the outset that the Equality Act and its exceptions would not be amended as part of any changes to the GRA.

The Equality Act 2010 provides crucial protections for single-sex spaces and these will be kept in place. We have no plans to roll back the rights of transgender people.

12. Will transgender people be able to select facilities and services - such as toilets and changing rooms - which are appropriate to their gender?

Yes. Statutory guidance on facilities and services states that it is best practice to assume that all people select the facilities or service appropriate to their gender. This is a pragmatic and necessary starting point. If a service provider finds, in certain cases, that they have a legitimate reason to exclude a transgender person from a service or to offer them a different service, the Equality Act allows for this as long as it is justified.

We do not have any intention to ban transgender people from single-sex spaces, which we know many have used for years without issue.

Healthcare for transgender people

  1. What steps is the Government taking to improve healthcare for transgender people, including addressing the long waiting times at gender identity clinics?

This Government is committed to improving services for those undergoing gender reassignment and to challenging transphobia in the NHS.

NHS England have funded the development of specialised training through the Royal College of Physicians’ accredited credential on trans health, aimed at encouraging medical and non-medical professionals (including nurses) to work in gender identity services.

In April 2019, we appointed Dr Michael Brady to be the first National LGBT Health Adviser to help improve transgender patients’ experience. Dr Brady has worked to tackle health inequalities, improved data collection, and hosted the first National NHS LGBT Health conference.

  1. Will the Government be restricting healthcare for transgender young people when it responds to the Gender Recognition Act consultation?

Healthcare for young transgender people does not fall within the scope of reform of the Gender Recognition Act. The Minister for Women and Equalities has stated, as a separate matter, that we also wish to ensure under-18s continue to be protected from taking life-changing decisions before they are capable. 

We are clear that protecting young people is about ensuring the appropriate processes are in place, rather than withholding support, and we will be exploring what this means with the Department for Health and Social care who lead in this area. We are absolutely committed to making sure all young people have access to appropriate and timely psychological and medical support. The wellbeing of all young people is our priority.

The current minimum age limit for legally changing gender is 18 years, which is set out in the GRA itself, and will not be changed.

  1. I am concerned that any potential restrictions to healthcare and access to single-sex spaces will have a detrimental effect on the mental health of transgender people, and may lead to an increase in suicide attempts. What is being done to protect mental health?

We know that the available evidence on mental health for transgender people tends to suggest a high occurrence of mental health problem. This Government is committed to ensuring children and young people are able to access appropriate and timely psychological and medical support. We are taking action to improve mental healthcare for LGBT people and DHSC is developing plans to reduce suicides in the LGBT population.

  1. Will the Minister for Women and Equalities speak to both transgender health experts and children’s rights experts before making any decisions around access to healthcare?

Yes. As stated above, we will be exploring how best to protect young people and our objective is about ensuring the appropriate processes are in place with the Department for Health and Social care who lead in this area.

Detailed discussions will take place with DHSC, NHS England, DfE and other relevant experts, and more information will be available in due course.

Clinicians should continue to provide support to people accessing Gender Identity Clinics and the Gender Identity Development Service in the same way as they have done till now - based on clinical need.

  1. Is the Government conducting research into the rise in the number of young people referred to the Gender Identity Development Service in recent years?
  2. Dr Hilary Cass, OBE, is leading an independent review into gender identity services for children and young people. The review will examine the recent rise in the number of children seeking treatment and include how care can be improved for children and young people. It will also cover how and when they are referred to specialist services and how healthcare professionals support and care for patients with gender dysphoria

Non-Binary

  1. Will the Government be introducing recognition for non-binary people?

We are aware that there seem to be an increasing number of people who identify as neither exclusively male nor female. This Government believes that everyone should be treated with dignity and respect. We are developing our understanding of non-binary identities.

Education

  1. What do new Relationships and Sex Education guidelines say about gender identity?

Schools should ensure that ‘Relationships and Sex Education’ is inclusive and meets the needs of all young people.

The intention is that through these subjects, children will be taught about the importance of respectful relationships and the different types of loving and healthy relationships that exist. This can be done in a way that respects everyone’s views and meets the needs of all pupils.

The statutory guidance states schools should ensure that all of their teaching is sensitive and age appropriate in approach and content. At the point at which schools consider it appropriate to teach their pupils about LGBT, they should ensure that this content is fully integrated into their programmes of study for this area of the curriculum rather than delivered as a standalone unit or lesson. Schools are free to determine how they do this, and we expect all pupils to have been taught LGBT content at a timely point as part of this area of the curriculum.

  1. Do parents have a say over what their child is taught?

Schools will be required to consult with parents when developing and reviewing their policies. Schools should listen to parents’ views, and then make a reasonable decision as to how they wish to proceed.

Parents will have the right to request their child be withdrawn from sexeducation delivered as part of RSE (but not from sex education within thenational curriculum).

Thelnebriati · 26/02/2021 12:37

From Coronavirus Act 2020: the public sector equalities duty impact assessment Hmm
''406) HMRC holds information on tax credit recipients by age, gender and where they report a disability...''
www.gov.uk/government/publications/coronavirus-act-2020-equality-impact-assessment/coronavirus-act-2020-the-public-sector-equalities-duty-impact-assessment

FromAMNtter · 26/02/2021 12:57

Excuse the name change but I am going to post the email I have sent to the Home Office and Lords Minister. The Home Office wording is almost certainly a breach of the public sector equality duty contained in s149 of the Equality Act 2010 which refers specifically to the protected characteristics contained in s4 of the Act and restated in s149. I have also emailed Baroness Nicholson with a copy of what I have sent.

"Dear Home Secretary / Baroness

I was very impressed by the quality of the debate in the House of Lords this week on the Ministerial and Other Maternity Allowances Bill. One clearly repeated theme was the importance of accuracy of language and an accurate representation of legal rights.

Therefore, I was surprised and disappointed to read this page produced by the Home Office on Equality and Diversity.

Equality and diversity - Home Office - GOV.UK (www.gov.uk)

"We will not discriminate on grounds of age, caring responsibilities, disability, gender, gender identity, marriage and civil partnerships, part-time working, pregnancy and maternity, race, religion or belief, sexual orientation or any other factor irrelevant to a person’s work."

It makes no mention of sex discrimination even though sex is a protected characteristic under the Equality Act 2010. However, it does refer to gender and gender identity discrimination despite the fact that neither of these are protected characteristics. This appears to be a clear breach of the public sector equality duty contained in s149 EA 2010 which refers specifically to the protected characteristics including sex.

For reference s4 of the EA 2010 lists the protected characteristics as:-

4The protected characteristics
The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex;
sexual orientation.

I would be grateful if this wording could be reviewed immediately and brought into line with the wording of the EA 2010. It is imperative that the Home Office states the law correctly as it is likely to be a reference point for many other organisations.

I find it extremely worrying that the Home Office is misstating the law on its own website and potentially failing to comply with the statutory public sector equality duty . It is utterly unacceptable that one of the key Government Departments appears to publicly state that it does not comply with the legal requirement not to discriminate on the grounds of sex whilst creating a mistaken impression that both gender and gender identity are protected characteristics. It is important to avoid discrimination on any ground and unquestionably trans gender people should be protected from discrimination as a matter of Departmental policy. However, it is for Parliament to enshrine those protections into law as it sees necessary, not for Government Departments to misrepresent the current legal position.

Please could you:-
ensure this wording is corrected urgently; and
ensure that this wording is corrected across any communications that may contain it, not simply this site; and
investigate the source of the wording and how the Home Office came to be publicly misstating the law."

Thelnebriati · 26/02/2021 13:21

Sorry - I was thinking about another campaign where you dont have to send an email, theres a button and a text box at the bottom of each of the links I posted saying ''is there something wrong with this page''.

persistentwoman · 26/02/2021 13:25

That's a great clear email FromAMNtter Thank you for posting it.

Fishdoggy · 26/02/2021 17:54

Brilliant email FromAMNtter

Ideally, to be really effective, we need a constituent in every area so we can directly contact all the MPs. A simple Staniland question is often all it takes to find out where they stand on Women's Rights.

I'm Wrekin & Telford.

If you think you would like to be involved it would be great if you'd follow either or both of these twitter groups.

We can keep it anonymous via here and DMs.

Thank you

twitter.com/CforWomenUK
twitter.com/LabWomenDec

OP posts:
Fishdoggy · 26/02/2021 18:00

Dalyesque

This was the email I was given by a GDS User Support worker.

[email protected]

OP posts:
Fishdoggy · 04/03/2021 16:04

An answer: Not happy with this

Dear Wendy

Under the Equality Act 2010 individuals are protected from discrmination and harassment based on protected characteristics. One of those characteristics is defined as “sex”, a term used in line with earlier legislation in this area.

Although many people make a distinction between a person’s sex and their gender, this is not a distinction that is often re-produced in day-to-day usage of the terms, nor in the law, which uses the two terms interchangeably.

It is up to individual organisations to decide which terms to use within their documents. In doing so, they will consider the language used, and how to ensure clarity and comprehension.

Thank you once again for getting in touch.

Kind regards,

Alan

Show original message

--
Government Equalities Office

Correspondence Team

OP posts:
highame · 04/03/2021 16:13

Alan is nicely up himself, isn't he. I would accept what he said if I had seen Sex ever used instead or alongside gender, but I haven't

Thecatonthemat · 04/03/2021 17:19

This reply has been deleted

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

Fishdoggy · 04/03/2021 18:28

I've forwarded it to Lis Truss and others. Please feel free to use the response for your own MPs if you wish. The more the merrier on this one. They can ignore one woman but not many.

OP posts:
FromAMNtter · 09/06/2021 12:35

UPDATE

I still haven't got a response from the Home Office despite chasing.

The page is unchanged
www.gov.uk/government/organisations/home-office/about/equality-and-diversity

"We will not discriminate on grounds of age, caring responsibilities, disability, gender, gender identity, marriage and civil partnerships, part-time working, pregnancy and maternity, race, religion or belief, sexual orientation or any other factor irrelevant to a person’s work."

Having given the Home Office a reasonable time to reply (over 3 months) I raised the matter with the Baroness and Lord Hunt both of whom took an active interest. The fabulous Lord Hunt has now tabled two written questions in the HoL about the absence of a reference to the protected characteristic of sex in the list of areas where the Home Office doesn't discriminate and more generally.

questions-statements.parliament.uk/written-questions/detail/2021-06-08/hl858

questions-statements.parliament.uk/written-questions/detail/2021-06-08/hl857

GNCQ · 09/06/2021 12:41

12:35FromAMNtter

That's great

Fallingirl · 09/06/2021 12:49

I’ve lost track. Is the Home Office a SW champion?

FromAMNtter · 09/06/2021 12:55

They are a star performer as well as a champion

From the same page

“ Setting external benchmarks helps to assess our performance against our aims. We have been in the top 10 of the Stonewall Workplace Equality Index for the past 5 years and were named a ‘Stonewall Star Performer’ in 2015.”

ItsAllGoingToBeFine · 09/06/2021 13:05

Although many people make a distinction between a person’s sex and their gender, this is not a distinction that is often re-produced in day-to-day usage of the terms, nor in the law, which uses the two terms interchangeably.

That's a rather alarming statement...

Starbar66 · 09/06/2021 13:09

[email protected] seems to be an address we can send to....

butwhatcanwedo · 09/06/2021 13:12

Good work. I noticed that the Insolvency service page linked above seems to have changed.