UK Parliament / Open data

Legislative Definition of Sex

The status quo is not working. People who are speaking in the debate probably feel anxious about doing so, and that is not a status quo that I recognise—for those of us on either side, if we have to have sides.

Sex and gender are different. I have never met a trans person who denied that over the years of having robust debate with them. In my life, the discrimination I have suffered at the hands of establishments, rather than just everyday sexism, has always been exclusively because of my biology. The obvious examples I could give are related to pregnancy. I was told not to bother to turn up for interviews because of pregnancy scan appointments, and that I was too young to decide whether I wanted to be sterilised at the age of 28, whereas my husband, just three years older than me, was allowed to make that decision without anyone batting an eyelid. I had to get two doctors to sign a thing to say that I could have an abortion. My biology really matters to me, and I have been treated poorly because of it. However, after making that point, I stress that my remarks will be about the issue of single-sex spaces and the safety of women. I am probably alone in this room as being somebody who has run single-sex spaces and used the part of the Equality Act that we are here to debate.

We all know that men’s violence against women and girls happens to women. Of course violence happens to men and, frankly, if someone needs services because they are a victim of domestic or sexual violence, I do not care which category they fall into—they are 100% entitled to expect access to those services. But the Equality Act has to allow for the fact that we need different kinds of services for different people’s needs, understandably. The Equality Act is a carefully balanced piece of legislation that recognises that women and men—let us be honest, it is less men—need protection from sex discrimination.

As part of that, women need to be able to have separate services, associations, charities and sports.

The majority of victims of domestic violence are women, and they are much more likely to be seriously hurt or killed. We must be really careful to protect our intricate and finely balanced services for women. I am already seeing again and again that specialist women’s services are being decommissioned in favour of generic support services that have an all-or-nothing approach. This has almost nothing to do with trans people initially; it is entirely to do with the fact that they are expected to support men’s services as well. Services are being decommissioned, and there are situations where perpetrator and victim are in the same service. That is happening across the country. It is utterly devastating, and the Government should be looking at commissioning women-only spaces in the Procurement Bill, which we are debating tomorrow. I look forward to hearing everybody who stands up and fights for women-only services today saying the same thing and that they do not want the free hand of the market to decide. They should say that they want specialist women-only services, because the Government refused to put the word “woman” in the Domestic Abuse Bill and the Online Safety Bill—it is funny how they are keen on it now. I shall be pushing everybody who speaks in this debate to vote on that basis tomorrow.

Organisations are afraid of not getting funding and of authorities thinking that they have to have an all-or-nothing approach. It is a reality that we are already seeing. Part of the problem is the confusion and fear about the law. Believe me, it is our role as parliamentarians to sort that out, no matter how hard it might be. It cannot be left to the courts, and it cannot be left to individual women’s services to muddle through and fight legal battles. Believe me when I say this happens, because it happened to my organisation when we refused to interview a man for a job. These are small organisations with very little in the way of support.

The public service equality duty is one of the most important parts of the Equality Act, and it requires public service providers to consider the needs of different groups. When I was a commissioner of services on Birmingham City Council, I insisted on the commissioning of domestic abuse services for LGBT victims, and on having specialist services for south Asian women where I live. I think we should have specialist services for disabled people, because they have specific needs. At the moment, I feel that we are leaving some smaller organisations in a difficult situation. Along with Women’s Aid nationally, I believe that we should be able to provide sex-only services and that other services must be available.

5.49 pm

About this proceeding contribution

Reference

734 cc14-5WH 

Session

2022-23

Chamber / Committee

Westminster Hall

Legislation

Equality Act 2010
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