Gender critical groups meet Deputy First Minister in change of approach

Martin Shipton

Representatives of two gender critical groups have welcomed meeting Deputy First Minister Sioned Williams to discuss the implications of last year’s Supreme Court ruling on the definition of “woman” in UK equality legislation.

Previous Labour Ministers would not meet them.

In what was seen by some activists as a blow to trans rights, the Supreme Court ruled that references to the word “woman” in the Equality Act 2010 relates to biological women.

The ruling has significance in discrimination cases.

Ms Williams, who is also the Welsh Government’s Minister for Social Justice and Equality, broke precedent by agreeing to meet representatives from the Welsh Women’s Rights Network (WWRN) and the Lesbian, Gay and Bisexual Alliance Cymru (LGBAC).

In a joint letter to Ms Williams after the meeting, the two groups said: “We welcome the opportunity to open a dialogue between our organisations and the new administration. We were encouraged by your commitment to fully implement the Supreme Court judgment and the EHRC [Equality and Human Rights Commission] Code of Practice in Wales, and to work with the public bodies and service providers the code addresses, so that it is applied consistently to protect and, where necessary, restore the lawful rights of women, girls, gay men, lesbians and bisexual people.

“Both organisations noted that we have previously been excluded from policy development and initiatives that have negatively affected over half the Welsh population. LGBAC submitted a substantial response to the original consultation on the LGBTQ Action Plan, raising concerns later confirmed by the Supreme Court judgment and the Cass Review. WWRN has repeatedly raised concerns about the disregarding of rights of women and girls with the previous administration.

“Going forward, we expect greater involvement with you and the Welsh Government to ensure honest representation of our communities’ interests. Repeating the mistakes of the past by listening only to groups that have previously misdirected on the law would be dangerous and costly for Wales. We understand that you are considering next steps following the conclusion of the LGBTQ Action Plan, and we expect to be involved in shaping any future approach. The action plan influenced many areas of public life in Wales, including health, education and local government, and any future approach must address its negative effects. We would like to raise several key concerns arising from our meeting.

“Our organisations were paired together for this introductory meeting. While we share some overlapping interests and concerns, particularly with regards to lesbian rights, we represent distinct and separate groups. Both WWRN and LGBAC therefore require more substantive separate meetings at the earliest opportunity.

“We remain concerned by the continued perception that implementing the clarified understanding of the Equality Act in Wales is complex. This framing is a misrepresentation fostered by the same groups and individuals whose advice has already proved unreliable. You referred to the Westminster Women and Equalities Sub-Committee (WES) as a source for your understanding of this issue. We consider the position of that sub committee to be neither well-informed nor unbiased, borne out by the fact that eight of its 11 members signed the early day motion to disapprove the EHRC Code of Practice.

“We did not see clear evidence that the Welsh Government intends to provide open, transparent and decisive leadership on these issues or that it fully appreciates its role in fostering good relations between people with different protected characteristics and in ensuring lawful service provision across public life in Wales. One example is the continued publication of your party’s Trans Equality and Inclusion policy on its website.

“While we respect the party’s right to hold aspirational values, this policy presents a direct threat to the rights of women and girls and reflects a currently unlawful position. “For instance, one statement is that Plaid wished to uphold trans people’s right to continue to access services and facilities in accordance with their gender identity. There is no right to access the services and facilities of the opposite sex. Additionally, language throughout the Welsh Government should stop the conflation of sex and gender.

‘Lack of clarity’

“Lack of clarity on this point confuses and obscures discussion and policy, and is a particular detriment to the rights of people who are same sex attracted, i.e. lesbians, gay men and bisexual people. The Supreme Court made it clear that the protected characteristic of sexual orientation is separate and distinct from that of gender reassignment.

“You spoke of working with public bodies and service providers as they adapt to lawful provision, while emphasising that these areas are outside your direct control. However, the Senedd is not a passive body. It is the engine of public life in Wales, with considerable statutory and financial levers at its disposal.

“We would like to see an end to delay and a public commitment to acting lawfully now. There must be no more “waiting for guidance” or “conducting reviews” excuses. This matters because organisations and bodies across Wales urgently need to be alerted to the legal and financial risks of inaction, and assisted in formulating and implementing remedial action to avoid them.

“You are already aware of WWRN’s forthcoming report on school toilets in Wales, which will highlight unlawful provisions encouraged by your predecessors. WWRN will continue to identify and report on such issues, but a proactive approach on your part would achieve compliance more quickly and constructively.

“Whilst our meeting was brief, we trust it marks the start of a closer working relationship than we had with the previous administration. We came away with a sense that you are willing to work constructively and respectfully towards a fairer, more considered and genuinely improved Wales. We both look forward to hearing from you to arrange further in-depth meetings. “

Supreme Court ruling

Last month, during Deputy First Minister’s Questions, Ms Williams set out the Plaid Cymru government’s position on the issue, saying it respected the Supreme Court ruling and was working to ensure devolved policies and practices complied with the law.

“This work has to be done carefully and consistently, and across a range of devolved areas,” she said.

However, she also emphasised that the Equality Act continues to protect people with the protected characteristic of gender reassignment from discrimination and harassment.

She added: “This is a community that feels under siege at the moment, and we must be sensitive to that.

“We need to look at the practical steps that we can take whilst complying with the Supreme Court ruling, and then, in seeing the code of practice that will come forward, if it is passed in Westminster, we will need to consider how we do that.”

Ms Williams said work was continuing across government departments to ensure Welsh Government policies comply with the law while maintaining protections for transgender people.

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