STA Equality Bill Consultation Survey

The Scottish Transgender Alliance consulted transgender people across the UK via an online survey in May 2009 to find out their views about the Equality Bill after it was first published in April 2009. The Scottish Transgender Alliance's policy position on the Equality Bill was then further developed based upon the 298 survey responses received. The survey responses can be viewed at: http://tinyurl.com/equality-bill-survey-results 

As a result, the Scottish Transgender Alliance raised the following key issues during the Equality Bill's progress through the UK Parliament:

• That the protected characteristic "gender reassignment" is too narrow (clause 7), and fails to fully protect many transgender people who face discrimination and harassment. In our view this protected characteristic should be replaced by "gender identity".
• That the provisions banning harassment by providers of school education do not cover harassment on grounds of gender reassignment (clause 80). Transphobic harassment is common in schools and equal protection should be given for this as for harassment on other grounds.
• That the rules for insurance services will place transsexual people’s privacy at risk (schedule 3, paragraph 21(5)). Insurance premiums for people living permanently in their acquired gender should be based on that gender, whether or not the person has a gender recognition certificate.
• That the exception allowing single-sex services to discriminate on grounds of gender reassignment is too wide (schedule 3, paragraph 25). Discrimination should not be allowed where a transsexual person is living permanently in their acquired gender.
• That the exception allowing employers to discriminate on grounds of gender reassignment if there is an occupational requirement is too wide, and may allow more discrimination than the Sex Discrimination Act currently does (schedule 9, paragraph 1). The bill should not increase the scope for discrimination to occur.

The Scottish Transgender Alliance worked hard to try to get the Equality Bill amended to improve protection for transgender people. As requested by the majority of the survey consultation respondents, we particularly prioritised the two issues of seeking 'gender identity' as the protected characteristic and seeking protection against harassment in school education. We worked closely with other UK-wide trans equality organisations (such as Press For Change, GIRES and Trans Youth Network), various regional trans equality groups, LGBT equality organisations and other equality sector allies such as the Equality & Human Rights Commission and various trade unions.

In order to become an Act of Parliament, the Equality Bill had to complete its passage through the House of Commons and the House of Lords before the dissolution of the UK Parliament for the 2010 General Election. The time pressures this created made it significantly harder to get any amendment proposals heard. Full details of the stages and debates the Equality Bill went through can be read online at: http://services.parliament.uk/bills/2008-09/equality.html

As the Equality Bill went through each stage, further information subpages about its progress were added within this section of the Scottish Transgender Alliance website.