Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what plans they have to (1) amend the Equality Act 2010, and (2) introduce new legislation, to ensure that there is a clear legal definition of transgender discrimination.
Answered by Baroness Berridge
The Equality Act 2010 includes a clear legal definition of transgender discrimination. Under the Act a person has the protected characteristic of gender reassignment if that person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex. For the purposes of the Act, somebody with this protected characteristic is known as a transsexual person and in general cannot be treated differently for being transsexual.
The government will publish its response to the GRA consultation in due course, which will take into account any changes to legislation that may be necessary.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what assessment they have made of the clarity of the language relating to transgender issues in their publications and guidance; and what plans they have to take steps to clarify that language where issues have been identified.
Answered by Baroness Berridge
As part of our engagement on the Gender Recognition Act 2004 (GRA), single-sex and separate-sex service providers were asked whether they felt confident interpreting the Equality Act 2010 with regards to providing services for transgender people. Many single-sex service providers reported that they felt confident doing so. We are also aware that others, including some campaign organisations, have highlighted a desire for greater clarity from the Government about the law and guidance in this area. We intend to say more on this when we publish our response to the GRA consultation.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what guidance they provide to (1) Government departments, and (2) Government-funded institutions, about providing services for those who (1) self-identify their gender, and (2) are protected under the characteristics outlined in the Equality Act 2010 that are not related to gender transition.
Answered by Baroness Berridge
The Equality Act 2010, which applies to all employers and providers of services and functions including Government departments and Government funded institutions, proscribes discrimination on the grounds of each of the protected characteristics listed in the Question.
The Equality and Human Rights Commission has produced statutory codes to support understanding of the Equality Act 2010, including on Employment and Services, Public Functions and Associations.
In addition, under the Public Sector Equality Duty, set out in the Equality Act 2010, all public authorities and those delivering public functions must have due regard to the need to eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act; advance equality of opportunity between people who share a protected characteristic and those who do not; and foster good relations between people who share a protected characteristic and those who do not. The protected characteristics covered by the duty include all those listed in the Question.
In 2015, GEO published a guide on ‘Providing services for transgender customers’, which was applicable, but not limited, to the public sector. There are many examples of Government produced guidance to help with the provision of services that take protected characteristics into account, such as the Inclusive Transport Strategy and www.gov.uk guidance on disability and pregnancy.
Asked by: Baroness Nicholson of Winterbourne (Conservative - Life peer)
Question to the Cabinet Office:
To ask Her Majesty's Government what estimate they have made of the number of public sector workers who have lost their jobs due to their views on the rights of people to self-identify their gender.
Answered by Baroness Berridge
This information is not collected centrally, but we are not aware of any case of this sort.