EHRC warning letter re Senedd proposed "gender equality"

[IwantToRetire]

Extracts:

Tabled by the Welsh Government, following the Special Purpose Committee on Senedd Reform’s recommendations, The Senedd Cymru (Electoral Candidate Lists) Bill’s Explanatory Memorandum clarified that “The Bill will introduce integrated statutory gender quotas” and “the Bill aims to ensure the Senedd is broadly representative of the gender make-up of the population”.

We previously engaged with the Special Purpose Committee on Senedd Reform and provided written and oral evidence in early 2022. We clarified that in relation to addressing the under-representation of women, the relevant protected characteristic in the Act is sex, not gender. As defined in s11 of the Act:

In relation to the protected characteristic of sex —
(a) a reference to a person who has a particular protected characteristic is a reference to a man or to a woman

The protected characteristic of ‘sex’ refers to a person’s legal sex, as stated on their birth certificate or as acquired through obtaining a Gender Recognition Certificate. Further to our evidence, the Scottish Court of Session Inner House gave judgment in a case which determined that ‘sex’, for the purposes of the Act, is not determined by ’self-identification’. Whilst it is to be noted that Scottish judgments are not binding on courts in England and Wales and that the judgment is currently under appeal to the Supreme Court, we consider it the leading authority on the point.

The Explanatory Memorandum mentions the term “sex” once and this is to reference the protected characteristic as set out above. Gender is otherwise the term used throughout. Whilst the Bill itself refers to “women,” which is consistent with the terminology of the Act, the repeated use of “gender” throughout the Explanatory Memorandum may give rise to confusion about how this is defined and may lead to inconsistency with the principles of the Act.

In particular, we are concerned that the Bill appears to base eligibility for inclusion on the quota list, on candidates’ declarations of whether or not they are a woman, and this in conjunction with the term ‘gender’ may be insufficiently clear. In short, it may lead to the inclusion of quotas based on a person’s selfidentified gender as opposed to their legal sex, and may therefore be inconsistent with the Act.

Full letter here https://www.equalityhumanrights.com/our-letter-senedd-reform-bill-committee

Thanks for this. Will read later but it sounds reassuring.

BBC report with some reactions to EHRC intervention:
https://www.bbc.co.uk/news/articles/cw59ezd55dpo

Another good article on the crisis:
https://nation.cymru/news/equalities-watchdog-warns-that-plan-to-allow-any-senedd-candidate-to-self-identify-as-a-woman-is-unlawful/

WRN are on the case and are actually going to be allowed to say something in the Senedd. Allowing women to have opinions on the existence of women. Dangerous stuff!

Women's Rights Network - WRN@WomensRightsNet
Senedd 'gender' equality bid may be unlawful
We are glad to see this reported by @BBCWalesNews @DeansOfCardiff .
The view of the @EHRC on the @WelshGovernment Electoral Candidates Lists Bill is significant and serious, and should be treated as such.
We have formally submitted our views on the Bill too and are due to give oral evidence at the @SeneddWales on 24th April to the Reform Bill Committee.
To anyone who has been following the development of this Bill and the detail of its proposals, it will come as no surprise that we have serious concerns about both the legitimacy of the Bill, its detail and its consequences.
Cathy Larkman of @WRNWales said;

“We are a women’s rights organisation and as such, we would of course like to see women represented in political life at all levels. There are many excellent and competent women who are more than capable of roles in public office, but who are currently held back by various barriers relevant to our sex.

However, this Bill is neither necessary, nor will it go any way to helping those women or achieving that better representation.

In addition, there are serious issues of legitimacy and lawfulness. This is a poorly drafted Bill, which fails to define the terms it uses in various documentation published with it. It could have seriously discriminatory outcomes and profound consequences for the women of Wales.

We will be presenting our views in full at the Senedd on the 24th April. We trust that the Committee will listen carefully to our evidence and that of the EHRC and advise the Government accordingly.

Should this Bill proceed, then it is highly likely to end up in the Supreme Court, with huge financial consequences for the Welsh public. For that to happen, when warnings have so clearly been sounded in advance, would be inexcusable”.

Wow!

Well done to every single person working on this.

That told them then…

"The provisions in this proposed legislation that concern us as the Regulator of the Act may have arisen from a lack of understanding of the Act."

Ouch

“Jemima Olchawski of the Fawcett Society told the committee it takes the position that it is "for parties to determine what is their kind of position and we would support inclusive lists that would include, for instance, trans women”.”

“Hannah Stevens, chief executive of Elect Her, said: “We’re not interested in defining what a woman is – the patriarchy has been doing that for long enough.” “

Sounds like their position has some crossover with Harriet Harman's on this thread. HH is their new chair and it was somewhat quietly announced IIRC:

Harriet Harman on the Equality Act www.mumsnet.com/Talk/womens_rights/5053024-harriet-harman-on-the-equality-act

Wasn’t it the other way around? I thought the Elect Her rep made the ‘inclusive bla bla bla’ comment? And the Fawcett rep the ‘patriarchy’ one. I could be wrong on that.
I’d have loved a strong statement of ‘an adult human female’. WRN absolutely won’t tip toe around that point!

There should be an enquiry no on how the Welsh Government had been captured by trans rights activists.

More coverage some good quotes :
https://www.gbnews.com/politics/trans-row-gender-equality-plans-allow-self-id-trans-women-part-of-female-quotas

I’ve quoted the BBC article. No idea if they got it wrong.

No you were right.
I listened again to the evidence session. The Fawcett woman clearly has no idea it’s not for ‘parties to determine’ and that such a thing as the Equality Act exists. Oh and TW are NOT women.
The Elect Her woman effectively dodged it, in a way. Albeit someone needs to tell her that it’s biology that determines the definition of a woman. The patriarchy limit or control what a woman is permitted to do.