Lynne Featherstone

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Transgender action plan: an initial analysis

“Advancing transgender equality: a plan for action” was today published on the Home Office website. The document is the latest step in a historic programme of trans engagement undertaken by the current government. So, how does it shape up?

THE GOOD

Regular readers of this blog will be quite aware of how much I distrust and dislike the Conservative-led government. Their work on trans equality (in a purely liberal sense) has, however, been quite impressive on the whole.

Under the leadership of Equalities Minister Lynne Featherstone – who has long been a trans ally in Parliament – the Home Office has pursued a programme of engagement and genuine consultation that quite outstrips anything achieved by the previous Labour government (who generally passed trans equality legislation only when ordered to by the European courts).

The action plan promises a robust response to needs expressed by the trans community on a whole variety of fronts. Most of the government’s promises involve the production guidance for various individuals, organisations and/or sectors: this may not sound like much, but the value of this documentation should not be underestimated. Some of the biggest challenges we face arise simply from the fact that doctors, civil servants and others simply don’t know what they’re doing when confronted with trans issues, so it’s good to see this addressed. Of course, we’ll have to see how these promises actually pan out.

So, what do we have?

The Headlines

  • The big news is arguably the
    introduction of trans hate crime legislation    . The government plans to amend existing laws in order to provide for:

“[…] sentences to be aggravated for any offencemotivated by hostility towards the victim onthe grounds of being transgender, and for a30 year starting point for murders motivated by hostility towards the victim on the groundsof being transgender.”

  • The government has also promised to “review” how gender identity is represented in passport application forms, and in passports. It’s not inconceivable that this may lead to the introduction of gender-neutral passports, particularly as the IPS admitted in September that they are “considering” this option. The explicit recognition of “non-gendered” individuals in the action plan itself is also an interesting move on this front.

The nitty-gritty

Various government departments are assigned responsibility for a whole host of actions, including:

  • the issuing of statuatory guidance to increase head teachers’ power to tackle bullying (inc. transphobic bullying)
  • further emphasis upon “prejudice-based bullying” (inc. transphobic bullying) in Ofsted inspections*
  • working to build trans equality into existing practices within primary, secondary and further education (e.g. in PSHE lessons, teacher skills programmes, FE equalities training)
  • updating “advice for employers on recruiting and employing transgender employees”
  • revising guidance for Job Centre staff
  • additional “pre-employment support” for marginalised groups (inc. trans people)
  • clear guidance on trans pension rights on the DWP website, and better handling of pension claims
  • guidance on holding public sector bodies to account through the Equality Duty (an aspect of the Equality Act 2010)
  • “clear and concise” guidance  on transition treatment pathways for GPs and PCTs
  • information on trans health (including sexual health) on the NHS Choices website
  • ensuring that health consultations are trans-inclusive
  • updating privacy guidance within government departments (inc. provide better guidance on the use of privacy markers to protect privacy for employers and benefit claimants)
  • a guide to equality legislation and policy for trans people
  • community outreach on the democratic system and relevant government programmes
  • working with housing providers to produce best practice guidance on trans accomodation (inc. advice on tackling transphobic anti-social behaviour)
  • “Work[ing] with the transgender community” during the marriage equality consultation
  • continuing to play an active role in condemning transphobic violence and discrimination through the Council of Europe and the United Nations
  • providing better guidance on gender identity and trans individuals within the asylum system

Moreover, there a number of actions the government has already taken:

  • police forces have been required to collect data on transphobic hate incidences since April 2011
  • trans people are included (just about) in the Charter against homophobia and transphobia in sport
  • a module on gender identity has been launched as part ofthe training course for asylum decision-makers
  • transphobic bullying was included in an anti-bullying guidance for headteachers
  • UK diplomats worked to promote a historic United Nations Human Rights Council resolution condemning homophobic and transphobic violence and discrimination

THE BAD

My general impression of the document – and planned actions within – is broadly positive. However, there were a few items of concern within the action plan:

As part of the Government’s wider work to
develop a new NHS Commissioning System,
ensure greater consistency in commissioning
gender identity services, increased patient choice
and more cost effective treatment plans for
gender dysphoria.

The term “more cost effective treatment plans” certainly rings alarm bells. How many ways can transition become less expensive to the NHS whilst retaining an appropriate level of care? Moreover, “increased patient choice” definitely sounds like it’s part of the government’s dodgy privatization agenda. On the other hand, this point may simply entail a removal of bureaucratic barriers, and the “greater consistency” should, hopefully, be a positive development overall. Time will tell.

Deliver a framework for evaluating the Equality
Act, including the implementation of the
exceptions on gender reassignment.

Will this work to prevent companies from exploiting loopholes in order to discriminate against trans people, or will it help organisations such as Rape Crisis deny access to vital services?

Run a workshop for the transgender community
to increase their understanding of the public
sector Equality Duty and how they can hold
public bodies to account

A single workshop for the “transgender community”? I hope we’re all invited!

Finally, there’s a lot of talk about “considering” and things that might be “possible”. I do wonder how many of these points will be translated into firm action.

THE UGLY

Fortunately, there’s not too much of this, but there’s the odd action point that stinks. There have clearly been Tory spin-doctors at work on this document, because at times it’s clearly attempting to push the government’s agenda in a number of areas rather than, y’know, trans equality. Whether or not you agree with this agenda is up to you (personally, I’m against for all sorts of reasons) but surely this kind of action plan shouldn’t really be about pushing the government’s pet projects?

Some choice quotes (emphasis mine):

“Transgender people, from transsexual to nongendered,
want to be able to participate in and make their contribution to society and the economy.“

Wait, I thought this was about equality and fairness, rather than corporate drone culture?

Equality of opportunity in employment is
fundamental to building a strong economy and
a fair society. We know that workplaces that are
more inclusive are also more productive.

Glad to see the government has its priorities sorted.

Take active measures to ensure that the views of
transgender users shape the Government’s Care
and Support White Paper and create a care
market that is more responsive to diverse needs.

Because “care” should be bought and sold, and markets are necessarily efficient.

Promote, via government information portals,
relevant funding streams to the transgender
community to ensure they are aware of funding
available to participate in the localism agenda.

That totally makes up for all the national funding that’s been cut, right?

Ensure that National Citizen Service (NCS) for
16 year olds is an inclusive and safe environment
for all participants, including transgender people,
by encouraging NCS providers to build equality
issues into their information and training for staff.

Another pet project! To be fair, at least they’re putting some effort into ensuring its actually accessible and all.

AND FINALLY…

An absolute howler courtesy of the “headline findings” from the community surveys that fed into the action plan:

Nearly two-thirds of respondents (47%) thought that intervention, such as guidance or training, would be best focussed in secondary school

And if that’s not confirmation that the government needs to invest properly in education, I don’t know what is.

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Government launches transgender e-bulletin and survey

[Cross-posted from just about everywhere else]

The government has launched a newsletter of sorts and an important survey as part of its “Transgender Action Plan”. I don’t plan on forgiving Lynne Featherstone any time soon for her turncoat attitude towards student fees and her failure to properly stand up for women’s rights, but she seems to have remained genuinely committed to trans equality. Good on her for this, at least.

We as a country pride ourselves on having successfully consigned the worst examples of discrimination to the past. And for the most part that is true. The days where we would see signs saying ‘no blacks, no dogs, no Irish’ in the windows of pubs and B&Bs have thankfully disappeared.
But I believe for transgender people we have not been so successful. For far too long too many of you had to put up with the most despicable forms of hatred and bigotry which blight not only your lives, but undermine the principles upon which this country prides itself.
I, along with my colleagues in the Coalition Government, are absolutely committed to putting a stop to this, ensuring trans people are afforded the same opportunities, freedoms and rights as any other citizen.

Earlier this month I announced the publication of our detailed action plan on LGB&T equality, clearly setting out how we will, right across Government, tackle LGB&T inequality in all areas of public policy.

And we are not stopping there. We recognise transgender issues are distinct and need to be addressed separately. This is why we will also be publishing the first ever cross Government transgender equality action plan later in the year. Highlighting where distinct action is needed in addition to the measures outlined in the LGB&T action plan.

But we won’t be successful without your involvement. To make sure we really deliver for the trans community, we need to know how you think we should be progressing the agenda. So I am delighted to introduce the first trans E‐Bulletin, which gives you an opportunity to do just this.

It’s an opportunity we may as well take advantage of, so please do take the survey, have a good moan about everything wrong with trans rights in this country, and pass it on.

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What’s in a consultation?

The media is currently getting itself into a massive tizzy over government proposals to allow gay couples to have civil partnerships in religious buildings. The predictable right-wing wonks are being wheeled out to moan about it being a slippery slope that will end up with any given Christian priest (no-one cares about what Jews, Muslims or (God forbid) Pagans might think, it seems) being forced to marry a couple of scary gay men with Nazi tattoos.

Meanwhile, left-leaning and right-leaning papers are falling over themselves to predict that full gay marriage (and, weirdly, heterosexual civil partnership) will be next, despite the fact that there has been no confirmation of this from anyone in government. I mean, let’s take a look at the actual statement from the equalities minister, Lynne Featherstone:

“Over the past few months I’ve spoken to a lot of lesbian, gay, bisexual and transgender people and campaign groups, and it quickly became clear that there is a real desire to address the differences between civil marriage and civil partnerships. I’m delighted to announce that we are going to be the first British government to formally look at what steps can be taken to address this.”

Yep, there’s certainly a lot in there confirming that gay marriage is around the corner. I’m hoping that it will be (hell, we could immediately take the next logical step and start pushing for legal recognition of polyamory or something!) but have my doubts. After all, the Tories aren’t really that keen on gay marriage. The Liberal Democrats have policy on it and Nick Clegg says that he’s in support, but if you can’t trust the Lib Dems on student fees, trident, detention policies, supporting the poor, the disabled, women or just about anyone else really, then I’m not convinced that you can trust them on equal marriage either.

Moreover, there’s that little issue of the consultation. Government consultations can take forever! I first started campaigning on amendments to the proposed Single Equality Bill (as it was then) back in 2007, and the first consultation was held well before then. The Equality Act eventually emerged in 2010 after being rushed through at the last minute by a desperate Labour party. Ben Summerskill of Stonewall has (for a change) made a pertinent point relating to this:

“If there’s a genuine commitment to making progress in this area, it is painfully slow. Equalities minister Lynne Featherstone has explicitly said she would consult on proposals the government intends to implement in the lifetime of this parliament. If that is to happen by 2015, then consultation should begin now.”

I’d take his word for it: Summerskill knows a thing or two about just how “painfully slow” progress on equal marriage can be.

So this will probably take some time. But it’s interesting that whilst this particular consultation is likely to take ages as civil servants painstakingly gather the views of any given bigot at hand, another important consultation is little more than a formality.

The government is still planning to radically reinvent the NHS despite massive opposition from those who actually understand our health service and care about the welfare state. The “consultation” on this has been minimal to say the least, and health services have already had to start preparing for changes that may have a huge negative impact upon service provision for some of the most vulnerable people.

Funny that the government is so keen to hold a consultation on religious civil partnerships when the relevant law is already there (as part of the Equality Act), but is happy to push ahead with its NHS clusterfuck with as little input from others as possible. Draw your own conclusions.