https://www.libdems.org.uk/internal-elections
At fucking last. Buried in among alllllll that prevarication and careful phrasing and balancing is the key point:
'The party must interpret ‘men’ here as meaning ‘cis men’, and ‘women’ as meaning ‘cis women’.'
'Women' means women. Not men calling themselves women.
Well done, LibDems.
'Following the Supreme Court decision in the case of For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent), the Federal Party has asked the EHRC for guidance about how to approach positive action in internal elections.
In advance of receiving this guidance, given the timing of our internal elections, the Federal Party has taken legal advice about the interpretation of rules 2.5 and 2.6 in the constitution, insofar as they apply to groups with protected characteristics. It is important to say that the constitution asserts the primacy of the Equality Act 2010 in interpreting any rules, and gives authority to the Returning Officer to make reasonable interpretations of the rules in situations where there appears to be a conflict between the constitution and the Equality Act 2010.
Our legal advice is that the Party needs to follow three basic principles:
- Positive action is permitted up to the point at which a group that shares a protected characteristic is appropriately represented in the Party’s governance. The relevant benchmark for a political party representing the country as a whole is the proportion of people in the country who share that characteristic: i.e. if 10% of the population share the characteristic, then the Party can take positive action until 10% of its governance also shares that characteristic.
- The Party must treat each protected characteristic as a separate category for the purposes of assessing the relevant benchmark, and mechanisms to take positive action. For the avoidance of doubt, the advice is that the party must treat groups with the protected characteristics of sex and gender reassignment as separate groups.
- It is reasonable to ‘round up’ to whole numbers in taking positive action. So for a group who share a protected characteristic with a low prevalence in the population as a whole, it is reasonable to specify that one place on a larger committee is reserved for that group.
In practice this means that two clauses of the constitution need to be reinterpreted by the Returning Officer to make them compliant with the Equality Act 2010, in the context of the Supreme Court judgement. In doing so, the Returning Officer needs to be reasonable and follow as closely as possible the apparent intention of the original drafting.
Taking clause 2.5 first, with relevant parts underlined :
2.5 Whenever this Constitution provides for the election by party members to a Federal Committee, not less than 40% or, if 40% is not a whole number, the whole number nearest to but not exceeding 40% of those elected shall self-identify as men or non-binary people, and self-identify as women or non-binary people respectively
The apparent intention behind this clause is for the party to take positive action for both the protected characteristics of Sex and Gender Reassignment. However it merges benchmarks for these groups, which the Party is legally required to treat separately.
In terms of Sex, the Party’s legal advice is that it is reasonable to treat the rule as saying:
2.5 Whenever this Constitution provides for the election by party members to a Federal Committee, not less than 40% or, if 40% is not a whole number, the whole number nearest to but not exceeding 40% of those elected shall be men and women respectively.
The party must interpret ‘men’ here as meaning ‘cis men’, and ‘women’ as meaning ‘cis women’.'