Support our Nation today - please donate here
Opinion

The gender quotas bill is undemocratic, unfair, and discriminatory

24 Sep 2024 6 minute read
The Siambr. Photo Senedd Cymru Welsh Parliament

Cathy Larkman, Director Women’s Rights Network (WRN)

The Senedd Cymru (Electoral Candidates Lists) Bill and its passage into publication and throughout the Senedd is a sobering example of political leaders failing to listen and dismissing legitimate concerns and inconvenient truths, preferring instead the unserious politics of the echo chamber.

Groups warning of the inevitable problems of this Bill have been treated like the Trojan prophetess Cassandra – doomed to utter truths that won’t be believed.

It may be surprising than an organisation like the Women’s Rights Network would oppose a Bill that appeared set to improve the representation of women in Welsh political life, but oppose it we did, submitting a consultation response at Stage 1 of the Bill and appearing before the Reform Committee to give evidence as to why it should not pass into law.

We were not alone in our opposition either, with groups like Merched Cymru joining with us.

Discriminatory

The Bill is undemocratic, unfair, and discriminatory and had already attracted the ire of the Equality and Human Rights Commission (EHRC).

That other women’s equality groups are now so baffled and distressed at the scrapping of the Bill is understandable – these groups have been in a Welsh Government funded echo chamber, each telling the other what they want to hear. Until now.

The Bill would have mandated via a closed list system that at least 50% of candidates should be ‘women’. Not 50% women and 50% men and not the much trumpeted ‘gender parity’.

Electoral lists could instead have been up to 100% women, with the figures for men capped at no more than 50%. This was clearly not parity and looks very much like sex discrimination.

The Bill also dodged and weaved away from using the word ‘female’ at any time and failed to define what was meant when it referred to terms like ‘woman’ and the bizarre, ‘not a woman’. Any candidate could make an unfalsifiable ‘gender statement’ that they were a woman – no checks applied.

In an extraordinary twist of logic, this Bill could have delivered a Senedd comprised entirely of women, all of whom were male.

Parity

But why are mandatory ‘gender quotas’ even necessary? Parity between the sexes has been achieved before without quotas and would be achieved again if just four men were replaced by women.

It’s not exactly a chasm between the sexes, and it should be entirely achievable to address without the heavy-handed blunt instrument of this Bill.

Using the word ‘gender’ throughout and not ‘sex’ is so often a red flag, indicating that there is a desire to avoid the normal, well understood descriptors of biology, and to apply some fanciful ideological interpretation instead.

A previous leak of an earlier version of the Bill by ourselves revealed exactly that – the Welsh Government were interpreting ‘women’ to include men.

Self-identification of sex is not the law in the UK – as we pointed out in no uncertain terms to the Reform Committee – but the various documents accompanying the Bill made it very clear that men who wanted to self-identify as women could do just that.

The Trefynydd,  Leader of the House Jane Hutt, refused to be drawn at any time on this point but also refused the recommendation of the Stage 1 Committee that a false statement become an offence.

The Welsh Government’s promotion of self-identification is a policy position that we are strongly opposed to.

It has obvious impacts on women’s rights to single sex provision in hospital wards, intimate care settings, rape crisis centres and domestic violence refuges, as well as impacting on areas like women’s sports.

Because this is also the policy position of Plaid Cymru, the Bill faced no serious scrutiny from them and received in the main widespread uncritical Senedd support.

Self-identification

If this Bill had been passed into law, self-identification would have been formally encoded into Welsh life, with all the implications for single sex spaces and services that entails.

The Bill no doubt would have been a useful tool to advance those women who are already in political life. Unforgivably though, it provided no support or help for those women held back by the many structural and societal barriers experienced by the female sex.

Women in single parent households; women experiencing the crippling barrier of poverty; disabled women; none of these would have been helped by this Bill.

There are many excellent women out there who could and should have been supported, but this Bill entirely forgot about them.

It is hard not to draw the conclusion that the desire to introduce ‘gender quotas’ has been totemic in nature, a progressive flag to wave.

One of the most depressing aspects of the passage of this Bill has been hearing other women’s organisations avoid defining ‘woman’.

One group openly admitted in their evidence session to the Reform committee that they include men who identify as women. The scrapping of the Bill should be a moment of honest self-reflection for them all.

Supreme Court

Scrapping the Bill has also saved the Welsh Government (and the Welsh taxpayer) the huge cost of a Supreme Court referral due to their lack of legislative competence.

In an unprecedented move, the Llywydd had declared her serious concerns over the issue of legislative competence.

Equalities legislation is a reserved matter and the Bill was meddling in those reserved matters.

Many voices pointed this out, including the Reform Committee voicing their own concerns, but the Trefynydd ploughed on, maintaining she was happy that there was competence.

Interestingly, the woman who would become the new First Minster’s temporary Counsel General over the summer period, Elisabeth Jones, had put pen to paper in the consultation phase to say that in her opinion, the Welsh Government did not have the necessary legislative competence.

The Welsh public are entitled to ask why those voices have been ignored until this point. They are also entitled to ask why so much time and money has been spent developing this Bill when the inconvenient truth has been staring Welsh Government in the face all along.

We’d like to think that some answers will be forthcoming to those questions.

The new First Minister announced she was listening to the Welsh public over the summer. We suggest that regularly listening to the voices of all of the Cassandras should be included in any future such exercise.


Support our Nation today

For the price of a cup of coffee a month you can help us create an independent, not-for-profit, national news service for the people of Wales, by the people of Wales.

Subscribe
Notify of
guest
37 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Ali Morris
Ali Morris
16 days ago

Thank you NC for publishing the ‘inconvenient truth’ about this farcical Bill. As a woman who fought this at every stage and also attended the Senedd Committee mentioned above, it is mind blowing that Welsh Government ploughed on when so many women identified so many red flags. Shame on Jane Hutt for wanting her woke medals more than actually doing what’s best for Wales and specifically the women in Wales.

Deb Gronow
Deb Gronow
16 days ago

Reading this I was incredulous that any intelligent person could support this bill “In an extraordinary twist of logic, this Bill could have delivered a Senedd comprised entirely of women, all of whom were male.”
Yet it shows how much in thrall our politicians are to the gender gods and not seeking to serve the 51% of the people of Cymru who are women (the biological kind btw)

Áile 6
Áile 6
16 days ago
Reply to  Deb Gronow

Is there a synthetic kind? Everyone is biological

Ali Morris
Ali Morris
16 days ago
Reply to  Áile 6

Well WG think there is. They are called men.

AngryWoman
AngryWoman
16 days ago

The erasure of women by the Welsh Government in plain sight would have gone through if it hadn’t been for women’s groups that spotted the devil in the detail. Closed lists will make government in Wales undemocratic. I want to vote for the candidate not the party. These proposed ‘gender’ quotas could have erased women from public life completely because the Welsh Government can’t state that a woman is an adult human female.

Beth Vaughan
Beth Vaughan
16 days ago

Excellent article. The Welsh Government refused to listen to anyone except those sycophantic groups telling them what they wanted to hear.
The women in the govt sponsored Women’s groups are just parrots echoing whatever their paymasters tell them to say. In doing so they’ve betrayed the women of Wales and nearly pushed us into the dangerous world of self-id.
They need exposing for their lack of integrity and honesty.

Adrian
Adrian
16 days ago

Thank God for a voice of common sense that’s grounded in reality. The gender identity hypothesis has no grounding in science, evidence, or indeed objective reality: it is a crackpot faith-based belief system. Basing government policy on such nonsense is like basing it on fairies at the bottom of the garden. Most politicians that claim to believe in this claptrap are, of course, lying for political expedience, although I’m sure that a few are genuinely delusional, or just stupid. There are two sexes on this planet – that’s it. We have labelled them male and female and in Humans, men… Read more »

Richard Davies
Richard Davies
15 days ago
Reply to  Adrian

Your first paragraph is inaccurate and there are scientific papers published by Oxford University Press and the Journal Nature (and others) that prove there is greater diversity in nature, including in humans, than just two sexes. You really need to educate yourself. See my comment lower down for links.

Gaynor
Gaynor
15 days ago
Reply to  Richard Davies

Again this bill was discriminatory against men and ignores again women who i.d. themselves as men. Why is this minority always discriminated against? Why are they never taken into consideration when it comes to this mad public sector policy. Its always men who i.d as women. Funny that?

Dtety
Dtety
15 days ago
Reply to  Richard Davies

There are two sexes.

Karyotypes are a mechanism of sex determination, not sex themselves. Each of those karyotypes drives male or female development.

Adrian
Adrian
15 days ago
Reply to  Richard Davies

I agree that one of us does need ‘educating’. If you think either of those two half-baked articles prove the existence of a third sex, or gender identity, then it’s most certainly you that needs to go back to school.

Last edited 15 days ago by Adrian
Gary H
Gary H
16 days ago

Thank you. Some sense on this topic at last!

Zoe Engstrom
Zoe Engstrom
16 days ago

Such a useful article describing the Welsh governments attempts to get self id in through the back door, whilst highlighting the injustices this Bill would have had for those women wishing to branch out into politics anew.

Wiwergoch
Wiwergoch
16 days ago

This is a superbly written article. Shame on Plaid for their inability to question their own motives, always wanting to be the ‘righteous’ party. Can’t they see this issue is kryptonite? You can be a left wing party but we all know what happens if extreme left parties get into power, take a look at mad Canada.

Padi Phillips
Padi Phillips
15 days ago
Reply to  Wiwergoch

Piffle. Canada does NOT have an ‘extreme left’ government unless you’re a Faragite/Trumpite moron!

Please learn perspective.

K Smith
K Smith
16 days ago

A great article. Thank goodness for these women’s painstaking work to expose the risks of this plan. Wales should be watching what has been happening, and going wrong in Scotland and trying to avoid making the same mistakes 🤦‍♀️

Emzi
Emzi
16 days ago

Excellent article and good to see that women’s rights network have been on the ball on this and calling it out. SelfID is not in law and this bill was a Trojan horse. How on earth have we come to this where men can state they’re women just on their say so?
Great article and great work Cathy! Keep holding those to power accountable

Sonya Douglas Hughes
Sonya Douglas Hughes
16 days ago

I’m so happy to see someone at least holding the Senedd to account. When the opposition are as ideologically blinkered as the government, we need good journalism to cut through the catechism to get to the heart of the policy. Great article.

Louise B
Louise B
16 days ago

This bill has been such a waste of public money. They knew from the outset that they didn’t have legislative competence. The Welsh Government needs to buck it’s idea up.

Jack
Jack
16 days ago

‘when so many women identified so many red flags’ – men also identified the problems.

Ali Morris
Ali Morris
16 days ago
Reply to  Jack

But it was women’s group that fought against this publicly. Yes, many men supported the opposition of this Bill but where were they at the demonastrations or at the public Committee meeting?

Merch
Merch
16 days ago

Great article by Cathy Larkman on behalf of WRN and thanks to NC for publishing it. At last support for women and not for men who say they are women. I feel so strongly about this that, for the first time ever, I watched the Reform Committee session on Senedd TV where WRN representatives were for the first time allowed to voice their opinion in the Senedd. I was appalled that WEN ( Women’s Equality Network) supported men who say they’re women. Let’s hope now that Cymru and indeed Britain follows the law – Equality Act 2010 – and protects… Read more »

Ernie The Smallholder
Ernie The Smallholder
16 days ago

I would strongly advise Plaid Cymru Senedd members to oppose this ‘Gender Quotas Bill’ and have nothing to do with it. Quotas are about discrimination. If this government really wanted a Senedd with full representation then they would have be in favour of Single Transferable Vote. The D’Hondt system labour chose is the least proportional of the ‘ party list systems available and only confirms that for the labour government – party is always first ahead of the people. Do you really trust the labour party when they chose a ‘party list’ system and choosing the less proportional one, that… Read more »

Joy D
Joy D
16 days ago

Unfortunately Ernie, Plaid Cymru threw their weight behind this Bill and backed the Labour desire for a closed list system too.
Plaid have self ID on their manifesto and are committed to it. Many Plaid MSs are outspokenly in support of self ID.
Members really must speak out and get this removed if they don’t support it.
I hope you also know that Plaid admitted unlawful discrimination recently against the Filia feminist group.

Gaynor
Gaynor
15 days ago

Totally .

Daf
Daf
16 days ago

Well this could not be clearer. Let’s hope someone in the Senedd is finally listening. It would be a big mistake to underestimate how annoyed the voting public are at the time and money wasted on pursuing this failed bill. When the EHRC and legal counsel are telling you to drop it, you don’t stick your fingers in your ears and carry on wasting public money.

Martyn Vaughan
16 days ago

Exactly right. I had noticed the list could be a 100% female. And they call this a parliament!

Irina
Irina
16 days ago

Thank you NC for publishing Cathy’s Larkman’s piece. I think Cathy’s words about how the Bill could have ‘delivered a Senedd comprised entirely of women, all of whom were male’ should be an epiphany for many. This is what gender ideology is capable of doing – undermining foundations of everything we stand upon – in law and in reality. Great win for women in Wales.

Richard Davies
Richard Davies
15 days ago

The “normal, well understood descriptors of biology” is inaccurate and there is far more diversity in nature, including in humans, than most people realise. People should read the following articles, especially the second:

https://academic.oup.com/bioscience/article/74/7/424/7643298?login=false

https://www.nature.com/articles/518288a

Gaynor
Gaynor
15 days ago
Reply to  Richard Davies

We have all read a lot on this subject. People can call themselves anything they like, live any life they like as long as they do not impinge on others’ rights or persecute others who do not hold the same views as them. But it is not the case when it comes to gender ideology. It is evident from the women who comment on here , that they are all aware that the Senedd Bill was unlawful. Clear and simple. If the Senedd wants to further the cause of women, let them cast their net wider and encourage and nurture… Read more »

Last edited 15 days ago by Gaynor
Dtety
Dtety
15 days ago
Reply to  Richard Davies

You should look up Dr Emma Hilton. She’ll provide you with the correct information that there are two sexes.

Adrian
Adrian
15 days ago
Reply to  Richard Davies

Neither article finds a 3rd sex, or comes close to proving the existence of gender identity.

Susan
Susan
15 days ago
Reply to  Richard Davies

Utter rubbish, the problem of people who ‘educate themselves’ is they end up thick as two short planks.

Joy D
Joy D
15 days ago

The Bill was debated and voted on yesterday. It was decided to scrap it. Legislative competence was always looming – they must have been hoping that a new UK Labour Govt would let them go ahead and meddle with reserved powers. Clearly that illusion was dispelled. There was no way it was going to happen. What is shocking here is the money wasted and thrown away chasing something they had no power to do. A team has been working on this legislation alone for two years. And to cap it all, they made it even more controversial by trying to… Read more »

Bronwen Davies
Bronwen Davies
15 days ago

Thank you for this admirably clear report of the sad story of how our Welsh government has muddled itself (and everyone else) by importing the rather ambiguous word “gender” into Welsh policy when it should have used “sex”.

Under the Equality Act 2010 we are all protected from being discriminated against on the grounds of our sex. We all know men and women are biologically different.

Equal representation of women in public life is a goal I support 100%, but clearly we need to go back to the drawing board on the best way to achieve this in the Senedd.

Sian Davies
Sian Davies
15 days ago

This is an excellent article which highlights just how out of touch the supporters of this Bill are. I would like to know how this would have been fair on women, if it’s okay to replace one with a man? The author quite rightly points out that this Bill will only benefit the women who already trying to climb the greasy poll of virtue signalling. Let me tell you: women are dealing with the reality of coping with the cost of living, heating their homes and looking after their families in addition to dealing with any health problems. The likes… Read more »

Our Supporters

All information provided to Nation.Cymru will be handled sensitively and within the boundaries of the Data Protection Act 2018.