Policy Exchange - Why the Equal Treatment Bench Books needs urgent revision

[highame]

policyexchange.org.uk/publication/prejudging-the-transgender-controversy/

We've been saying it for ages and it came up in Allison Bailey's case I believe. It seems people are now beginning to question just what has been happening. Strongly influenced by Stonewall.

I haven't read it yet, sorry, hope it's worth it.

A carefully planned attack from every angle.

It seems to be a somewhat typical "undermine the principles and process of the institution via an injection of ideology into the admin department" in the Woke manner.

Institutions really are going to need to toughen themselves up to resist that sort of overstepping of remit.

I note that the title of this paper is extremely strong in legal terms - "Prejudging the transgender controversy?"

"Prejudice" is a very heavy accusation towards the judiciary, even tempered with a question mark. Possibly necessary to shake some sense into them, and realise what they've been led into.

If you want to see the rest of the ETBB it is here. Some of it is quite helpful. www.judiciary.uk/wp-content/uploads/2021/02/Equal-Treatment-Bench-Book-February-2021-1.pdf

@NiceGerbil what it says is "Roma are not used to talking about emotions and may not have the vocabulary to express themselves. Health is a matter that many people are reluctant to talk about, especially mental health and experiences of domestic violence or rape. This is also the case for Gypsy, Roma and Traveller people, many of whom prefer to keep discussion of such issues within the household."

It goes on to recommend that judges "Be sensitive when requiring evidence on personal matters and explain its relevance."

Good work by Thomas Chacko and Policy Exchange.

And it is not clear why the judge saw his being knocked to the ground and then being kicked in the head by a gang of older males as “escaping punishment altogether” for insulting them.

I would like to know if this attack had long-term effects on the teenager who said, basically, that woman = adult human female.

I was beaten up at that age in a sexual assault by just one man, and decades later I am in pain every day from my physical injuries. Immediately after the assault I thought they were healing quickly, but they never fully healed.

That's awful, thinkingaboutLangCleg

The ETBB is actually quite a nice example of how policies to accommodate trans people are open to abuse. It says that "deadnaming" is not ok. In practice any defendant can use this policy to ensure that their real name is concealed. There is a particular (male) climate change protester (Extinction Rebellion type) who is frequently in court, and uses the ETBB to insist on being called Kate McCann, so that he cannot be easily found on Google.

This is absolutely shocking and I have no words. What are the legal procedures to address this?

I presume the only challenge could come from the government? The ides that the judiciary are being fed this biased nonsense which has already led a judge to apply incorrect law (Maya's case) alongside a number of other dubious judgements is horrific. Was the prisons judgement about transwomen's rights being more important than women's safety influenced by the Bench book?

Hopefully this will be something that journalists will pick up as corruption (which is how I see this) at the heart of the judiciary is frightening - especially given the implications for women and children.

That paper is quite something.

Am working my way through it now.

Am not disappointed that there is “surprise” in it, which is legalese for “what the FUCK?”

That paper is a fascinating and forensic read - satisfying levels of detail and analysis.

OP thanks for posting it

Compelling stuff, clearly written. Bravo.

I presume the only challenge could come from the government?

I don't believe you can directly legally challenge court procedures themselves.

But prejudice from a judge would be a basis for a particular judgment or sentence to be overturned on appeal, I believe.

Appeals citing the ETBB as evidence of judicial prejudice would sharpen the mind and force them to re-evaluate.

Am just up to page 19 and so much in there but just had to post these few bits. Ms. Forstater had some difficulty in even bringing her claim, as two law firms refused to act for her, and the Solicitor’s Regulation Authority told her there was nothing wrong “if a firm declined to act because the client’s views conflicted with its own principles and values, as long as these were not discriminatory…”12 At the time, I found this jaw dropping

Baroness Hale is great isn't she If a transwoman is really and in all senses a woman, it does not make sense that the law should treat them as a man until the date on the certificate and a woman afterwards

and there's that term transsexual again A counsellor working with
victims of rape might have to be a woman and not a transsexual person, even if she has a Gender Recognition Certificate, in order to avoid causing them further distress.”

I know I keep banging on about this but again, its a specific breach of The Equality Act to persuade others to breach the Equality Act.

My understanding is that the ETBB applies to court staff (ushers/judges etc) but not court users, ie victims....so in theory a woman would not have to refer to her male attacker as she....I have no idea why Maria M was penalised for the way in which she referred to Tara Wolf.

Does anyone thing we will every see Stonewall in court, by that I don't mean linked to a case? I wonder if perhaps FOI requests are being denied is because too many in the judiciary would be implicated. Judge Tayler must be a bit hacked off - he really is dragged through the ringer on this one - and bloody right too.

think, not thing. Please read before posting you arse

NiceGerbil, 'Roma may lack the vocabulary' to express emotions is what it says, rather than 'Roma may lack the ability'.

In some people, the ability to put emotion into words is altogether lacking, but I think in this case they mean a lack of customary language and terms, rather than a neurological condition.

Interestingly, a relative who is in tax law and therefore not one to deal much with such subjects in their normal line of work said this whole area had seeped in v obviously - until recently he was more perplexed than alarmed as couldn’t quite see relevance in City financial stuff but is now beginning to look back and wonder

What an interesting read.

Wow. I am so glad this has been looked at.

Bump. Need the reminder to finish the publication.

"There was no acknowledgement that not all women like being described as “ciswomen” rather than simply as “women”, as that assumes a theory of sex and gender that many disagree with."

I quite like this as a concise way of saying "please don't call me cis".

Perfectly put.

I know I keep banging on about this but again, its a specific breach of The Equality Act to persuade others to breach the Equality Act.

Very important point. The technical term is inducement, I believe. There are legal remedies there for us which more than one angry, exhausted woman is going to use at some point.

Isn't it also a breach of the EA to prevent people with a PC advocating for their rights as per the EA?