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Written Evidence to Richard Commission
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| May 2003 |
| Introduction |
| Stonewall Cymru welcomes the opportunity to
give evidence to the Richard Commission. Our response
to the draft questions for the equal opportunities evidence
session are set out below. First we have provided a few
words of explanation about Stonewall Cymru. |
| About Stonewall Cymru |
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The purpose of Stonewall Cymru is to
provide an all Wales organisation that will work individually
and in partnership with other agencies, organisations,
statutory bodies and individuals to:
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- Promote the human rights and equal treatment of
lesbian, gay and bisexual people
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- Challenge discrimination against lesbian, gay and
bisexual people
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- Articulate the needs and interests of lesbian, gay
and bisexual people and represent these to the National
Assembly for Wales and other appropriate bodies
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- Consolidate and develop the infrastructure with
lesbian, gay and bisexual communities across Wales
to enable them to contribute to and have representation
in policy developments.
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| The overall strategic direction of Stonewall
Cymru is determined by a Council of fifteen members, which
is elected by the membership of Stonewall Cymru. Stonewall
Cymru has two offices - in Bangor and in Cardiff. Stonewall
Cymru is part of Stonewall UK. |
| Powers of the National Assembly |
| Are the powers of the Assembly in relation
to equal opportunities adequate and effective? |
| Section 120 |
| Section 120 of the Government of Wales Act
1998, which sets out the Assembly’s duty with regard
to equality of opportunity, has been widely interpreted
– by the Assembly and outside organisations - as
going further than the statutory requirements placed upon
other UK public bodies. The Assembly has taken a pro-active
approach and sought to promote equality of opportunity
in its work. One example of this positive approach has
been to fund consultative bodies, such as Stonewall Cymru
(previously the Lesbian, Gay and Bisexual Forum Cymru),
which is one of the first government-funded consultative
forums of its type in the UK. |
| Stonewall Cymru believes the current equality
of opportunity duty, as it has been interpreted over the
last four years, is strong and adequate. Indeed we would
argue that such a positive duty to promote equality should
be introduced across the UK. However we would be concerned
if recent anecdotes prove to be true - that lawyers have
advised the Assembly that it is currently going beyond
its powers under S120. If there is ambiguity about the
extent of the Assembly’s powers to promote equality
of opportunity for all across Wales we would strongly
support clarification in any revisions to the Government
of Wales Act so that a proactive duty is clearly established. |
| Standing Orders |
| The Standing Orders
of the National Assembly for Wales set out the procedures
for the operation of the Assembly. Standing Order 14,
which concerns the Committee on Equality of Opportunity,
gives particular priority to three equality strands: |
The Committee shall also have particular regard
to the need of the Assembly to avoid discrimination
against any person on grounds of race, sex or
disability" (Standing Order 14.1)
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| Stonewall Cymru asks that the Standing Orders
be amended to give equal priority to tackling discrimination
on the grounds of sexual orientation. The Standing Orders
should be amended in light of new European legislation
outlawing discrimination in employment on the grounds
of age, sexual orientation and religious belief; the forthcoming
establishment of a Single Equality Body covering at least
six equality strands; and the Assembly’s duty to
have ‘regard to the principle that there should be
equality of opportunity for all’. |
| The current priority given to just three
areas of discrimination creates a hierarchy of equality.
Whilst it must be said that the work of the committee
during its first term has been broader than just these
three equality areas, and has included the appointment
of a representative of the Stonewall Cymru as an adviser
to the committee, this may change if the political climate
alters. Stonewall Cymru calls for the Committee’s
Standing Orders to be changed so that tackling discrimination
on the grounds of sexual orientation, as well as age and
religious belief, is given equal status to race, sex and
disability. |
| Stonewall Cymru also supports the recommendation
made in the Absolute Duty report that the role and functioning
of the new Assembly-sponsored consultative forums, such
as Stonewall Cymru and the Wales Women’s National
Coalition, be formalized and enshrined in the Standing
Orders. This would strengthen the committee’s links
with key marginalized communities and help ensure the
effectiveness of the Welsh Assembly’s statutory equality
duty. |
| 2. How do these powers interact with UK
equal opportunities legislation? |
| Equality of Opportunity is a power that remains
with the UK Parliament. The Assembly’s equality duty
applies to all functions devolved to the National Assembly,
including health, education, social services and housing.
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| The interaction between UK legislation and
the Assembly’s powers is currently not satisfactory.
The organisations that enforce and/or promote UK equality
legislation – the CRE, DRC, EOC and Welsh Language
Board – do not have formal links with the National
Assembly for Wales. |
| Discussions about a new Single Equality Body
in Wales have highlighted how the interaction could be
improved. Some of the suggestions arising from discussions
involving voluntary and statutory equality organisations
across Wales are that: |
- the Single Equality Body in Wales should have formal
links with the National Assembly for Wales, as well
as the UK Government;
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- the body should play a role in advising and monitoring
the equality aspects of the Government of Wales Act
(Section 120 and Section 48
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- the Assembly should play a role in appointing the
Wales Commissioner
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- the SEB in Wales needs sufficient autonomy and flexibility
to be able to respond to equality priorities in Wales
(and to the political priorities of the Assembly).
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| 3. What problems have been raised in relation
to these powers? |
| The Welsh Assembly Government has been unable
to promote equality of opportunity for lesbian, gay and
bisexual people in Wales to the extent that it would wish
because of reserved powers held at Westminster. Even in
devolved areas the Assembly has been limited in its influence.
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| Example 1: Section 28 |
| The Welsh Assembly Government recently published
new guidance on developing sex and relationships education
policy. In relation to Section 28 the guidance clearly
states: |
Section 28 of the Local Government Act 1988
does not prevent the objective discussion of homosexuality
in the classroom, and schools can provide counselling,
guidance and support for pupils. (p11, Sex
and Relationships Education in Schools)
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| However our experience of helping and encouraging
schools to apply the sexual identity and sexual orientation
part of the new guidance is Welsh schools are unwilling
or fearful because of Section 28. Many are still unclear
about what Section 28 means. |
| Contrary to myth, section 28 does not apply
to schooling or the way that schools teach sex education
or other issues relating to homosexuality. Section 28
states clearly that it only applies to local authorities
in England and Wales – it never applied to schools
themselves. The Learning and Skills Act 2000 removed
any local authority control over sex education. |
| Despite clear and unambiguous support for
the repeal of Section 28 from three of the four main political
parties in Wales, and in spite of clear guidance for schools,
the National Assembly is prevented from providing equality
of opportunity for lesbian, gay and bisexual young people
in Wales. The Scottish Parliament has already repealed
Section 28. |
| Example 2: Employment Legislation |
| In efforts to reduce discrimination faced
by lesbian, gay and bisexual people the Assembly has been
prevented from acting because of the limits to its powers.
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| New legislation will soon make it illegal
to discriminate against someone because of his or her
actual or perceived sexual orientation. Unlike legislation
on race, gender and disability, the rules will not apply
to goods and services. So lesbian, gay and bisexual people
will continue to be discriminated against, without the
possibility of legal redress, in the provision of insurance,
health and many commercial services for instance. |
| The Welsh Assembly Government’s response
to the Equality and Diversity: Making It Happen consultation
makes clear its wish to bring the three new strands of
sexual orientation, religion and belief, and age up to
the level of protection as existing strands through a
single equality act. This would effectively provide lesbian,
gay and bisexual people in Wales with protection from
discrimination in the provision of goods and services.
The UK Government has decided not to do this at the current
time. |
| Thus despite widespread political support
in Wales for measures to help bring about equality for
lesbian, gay and bisexual people the Assembly is constrained
by the limits of its powers. |
| 4. What has been the impact of Section
120 of the Government of Wales Act and how has it been
implemented? |
| The National Assembly has driven forward the
equality agenda in Wales for lesbian, gay and bisexual
people. As a direct result of Section 120 the National
Assembly has helped to fund Stonewall Cymru as a consultative
body representing lesbian, gay and bisexual people in
Wales. The Assembly’s Equality of Opportunity Committee
has also invited a Stonewall Cymru representative to sit
as an advisor to the committee on issues of sexual orientation. |
| The impact of this support has been widespread,
with Stonewall Cymru participating in the formulation
of policy on a wide range of subjects, including employment,
health and well-being, older people and housing. |
| 5. What improvements in the present arrangements
would you like to see? |
| Our suggested improvements are included throughout
this report. We ask that: |
- Section 120 continues to be interpreted as a positive
duty to promote equality of opportunity;
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- equal status be given to tackling discrimination
on the grounds of sexual orientation in the Standing
Orders of the Equality of Opportunity Committee;
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- the role and functioning of the Assembly-sponsored
consultative forums be formalized and enshrined in
these Standing Orders;
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- the Single Equality Body in Wales should have formal
links with the National Assembly for Wales and this
role should include advising and monitoring the equality
aspects of the Government of Wales Act and influence
in the appointment of the Wales Commissioner;
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- further devolution of equal of opportunity powers
to ensure a coherent and more effective approach to
policy implementation;
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- the lesbian, gay and bisexual voluntary sector in
Wales be included as a category of interest on the
Wales Voluntary Sector Partnership;
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- continued financial support to the lesbian, gay
and bisexual voluntary sector in Wales to enable it
to fully participate in the democratic process in
Wales.
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| Electoral Arrangements |
| 1. How adequate/effective are the
electoral arrangements of the National Assembly from an
equal opportunities perspective? |
| No comment to make. |
| 2. What changes would make the Assembly
more representative and inclusive? |
| There are currently no openly lesbian, gay
or bisexual members of the National Assembly. Whilst massive
progress has been made to improve gender balance, there
has been little progress towards ensuring representation
in the Assembly chamber from ethnic minorities or from
lesbian, gay or bisexual people. |
| The Assembly has provided funding to Stonewall
Cymru to improve its consultation processes with lesbian,
gay and bisexual people in Wales. This is a hugely positive
step, which must continue. We believe that a further improvement
would be for the lesbian, gay and bisexual voluntary sector
to be represented on the Voluntary Sector Partnership
Council, in the same way that umbrella organisations in
the race, gender, disability and religious sectors are
represented. |
| Further information |
| For additional information about this report
please contact Derek Walker, Policy Officer, Stonewall
Cymru on tel: 029 2023 7744 or at derek@stonewall.org.uk. |
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