Bristol Council consultation into trans inclusion & gender identity policy

[ArabellaScott]

www.ask.bristol.gov.uk/trans-inclusion-and-gender-diversity-policy-consultation

'Bristol City Council is developing a new policy to provide clarity on how best to support trans and gender-diverse service users and citizens, as well as making sure other characteristics including sex-based protections are correctly and lawfully accounted for in any approach we take.

This policy will set out our overall approach, and individual council departments may still need to develop specific procedures and pathways to support trans people to access their services.
Why are we consulting?

We’ve committed publishing a new policy in 2022-23 and as part of our process we’re consulting to make sure we’re hearing all voices, that we have a clear understanding of the potential equality impact of our proposed policy approach, and that people have the chance to provide their views to support the Council to identify and rectify any gaps, issues, or ambiguities in our draft policy.

Our draft policy is available for consultation from 26 August until 9 October 2022.'

'Bristol City Council will support trans service users and citizens, including non-binary, gender fluid, or agender people, to use the facilities (such as toilets, changing and washing facilities) that best fit their gender identity.
Supporting trans and gender-diverse people to use the toilets and facilities that that best fit their gender identity may be viewed by some people as a safeguarding concern or a breach of the requirement to provide single sex facilities. Whilst some people may feel less comfortable because they do not accept transgender identity or perceive that trans people pose an increased safeguarding risk to others, this is not itself a legitimate or proportionate reason to exclude trans and gender-diverse people from using preferred toilets and facilities.
The Government Equalities Office Guidance confirms that a trans person should be free to select the facilities appropriate to the gender in which they present. The Guidance also states that when a trans person starts to live in their acquired gender role on a full-time basis they should have the right to use the facilities for that gender17.
Gender neutral facilities mean everyone shares the same space for waiting and hand wash facilities. Unisex – or universal – toilets are dedicated, self-contained toilets which maintain privacy for the single user.
Where the Council provides gender neutral toilets this will comply with the Government Regulations by ensuring ‘separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside’17.
The provision of toilets and washing facilities should be reviewed on a case-by-case basis in line with existing guidance18, taking into consideration the requirements and limitations of specific locations, in particular to meet the needs of those who may require longer, more frequent use of separate cubicles to meet their health and sanitary needs.'

'The Equality Act 2010 allows for the provision of separate or single sex services in certain circumstances under ‘exceptions’ relating to sex.6

Under normal circumstances trans people should be referred to the service that matches their choice of gender expression. This should be part of a culture which recognises their continuing capacity for self-determination of their gender. People who are non-binary, gender-fluid or agender should usually be referred to the service that they feel most comfortable with.

Trans and gender-diverse people are sometimes lawfully denied access to particular services, facilities and groups that are for women or men only – for example some women-only safe spaces, such as refuges for those fleeing domestic abuse, or support groups for survivors of rape and other forms of male violence against women.

There is a provision under the Equality Act 2010 that allows providers of women-only or men-only services to exclude people from certain aspects of a service on the basis of ‘gender reassignment’ where the provider can objectively justify that doing so is a ‘reasonable and proportionate means of achieving a legitimate aim’. Any exception to the prohibition of discrimination must be applied as restrictively as possible and the denial of a service to a trans person should only occur in exceptional circumstances. A service provider can have a policy on provision of the service to trans users but should apply this policy on a case-by-case basis in order to determine whether the exclusion of a trans person is proportionate in the individual circumstances7.

“If you are accessing a service provided for men-only or women-only, the organisation providing it should treat you according to your gender identity. In very restricted circumstances it is lawful for an organisation to provide a different service or to refuse the service to someone who is undergoing, intends to undergo or has undergone gender reassignment” Equality and Human Rights Commission8'

If you are accessing a service provided for men-only or women-only, the organisation providing it should treat you according to your gender identity. In very restricted circumstances it is lawful for an organisation to provide a different service or to refuse the service to someone who is undergoing, intends to undergo or has undergone gender reassignment” Equality and Human Rights Commission8'

How come? Why 'very restricted'? Why can't I have a knitting club for just women? Why can't we have a woman's book club? Why is it such a gravely serious thing to want to be with people who are my own sex only?

Whilst some people may feel less comfortable because they do not accept transgender identity or perceive that trans people pose an increased safeguarding risk to others, this is not itself a legitimate or proportionate reason to exclude trans and gender-diverse people from using preferred toilets and facilities.

Or
'Whilst women may feel less comfortable, we don't care enough about that to exclude male people from using female facilities.'

Tbh it puts me in mind of that Harry Enfield spoof on the 1940s public information films - basically

Sorry got cut off, that film that basically said - "Women, know your place" 😡

Why should females be made to feel less comfortable than anyone else?

Are Bristol harking back to a two tier system where males take priority all ways and always?

Whilst some people may feel less comfortable because they do not accept transgender identity or perceive that trans people pose an increased safeguarding risk to others, this is not itself a legitimate or proportionate reason to exclude trans and gender-diverse people

What about women with PTSD? What about religious women?

And yes, it boils down to: how come males' feelings of comfort matter more than women's?

Yes it's absolutely so bloody depressing isn't it. Like we've gone back in time. Us women have had our five minutes of freedom and now we've got to get back in our box. Twas ever thus but somewhat ironic that 21st century 'inclusiveness' excludes half the population.

"Any exception to the prohibition of discrimination must be applied as restrictively as possible and the denial of a service to a trans person should only occur in exceptional circumstances"

Well that's completely at odds with the Attorney General's recent guidance.

"So if one group incurs a modest particular disadvantage and another group incurs a more serious particular disadvantage, justification for exclusion can be lawfully established."

By way of example a ‘women-only’ rule for a women’s judo class excludes all men and will be lawful under paragraph 26 if a joint service would be less effective, and it is a proportionate means of achieving a legitimate aim. It will no doubt put people with the protected characteristic of gender reassignment (e.g. trans-women, by that I mean a biological male who identifies as a female) at a disadvantage compared to those without that characteristic. But in my view if the benefit that it confers is sufficient to justify direct discrimination against the whole class of men, it will in almost all circumstances be sufficient to justify indirect discrimination against a much smaller class of trans-women."

Reference for the above - sex-matters.org/posts/updates/the-attorney-general-clarifies-the-law-on-single-sex-services/

Why are they bothering to have a consultation if they are already telling us what the outcome will be in all their questions?

I think that we need some much more explicit guidance on the Equalities Act. There are too many TRAs who try to do what Bristol council is doing, defining permitted exemptions as narrowly and restrictively as possible. Since most local judo clubs, knitting circles and book groups won't have the will or the resources to fight court cases this effectively means they can't be single sex spaces if anyone challenges them.

My hope and understanding is that the rules should be interpreted as broadly as possible, with the assumption that spaces may be single sex by default. But this needs to be stated clearly and nationally and that clarification needs to happen soon, while there are still single sex spaces around to protect.

Yes, Igmum. It's way past time the EHRC looked into this and clarified everything.

I want to know what the proportional/reasonable thing is, too. Why can't we have a women-only group? Just because it is GOOD sometimes to be just with women! That's it! Leaving aside all the completely obvious situations where women need/want single sex spaces, why can't our simple wish for a space free of males be enough?

All women surely understand that a female only group is a very, very different thing than a mixed sex group?

Yes! Because it's just nice.

Though realistically neither interpretation will cover informal social groups. It's always going to be fine to invite whoever you like out for a coffee or a glass of wine. It's when these start to be public groups that single sex spaces are endangered.

It will affect any organised group. WI, woodworking, book group meeting in a library. If a male turns up, he can't really be turned away, can he? Without a great palaver and a court case ffs.

It's really sad to think that women couldn't put up a poster and suggest a woman only group.

www.bristol247.com/lgbtq/news-lgbtq/claims-trans-rights-motion-unlawful/

It looks like there is the start of some push back although more needed. Bristol 247 is a super woke paper and I am amazed they even had this article

Bump. Please consider completing this consultation.

the deadline is the 9th, anyone can respond.

Done. I pointed out it would end up likely in judicial review and a massive waste of money

Just bumping as the deadline draws nearer.

Bumped again. I’ve just completed. I’m from Bristol and am furious about these proposals. Why are they even asking, they seem to have already made their minds up judging by how the questions are posed?

I'm not even sure why they're publishing their own policy when it's actually up to the EHRC how all of this works, anyway. They certainly can't override the EA.