Stonewall Cymru logo

Written Evidence to Richard Commission
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

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:
  • Promote the human rights and equal treatment of lesbian, gay and bisexual people
  • Challenge discrimination against lesbian, gay and bisexual people
  • Articulate the needs and interests of lesbian, gay and bisexual people and represent these to the National Assembly for Wales and other appropriate bodies
  • 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.
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)
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.
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;
  • the body should play a role in advising and monitoring the equality aspects of the Government of Wales Act (Section 120 and Section 48
  • the Assembly should play a role in appointing the Wales Commissioner
  • 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).
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.
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)
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.
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;
  • equal status be given to tackling discrimination on the grounds of sexual orientation in the Standing Orders of the Equality of Opportunity Committee;
  • the role and functioning of the Assembly-sponsored consultative forums be formalized and enshrined in these Standing Orders;
  • 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;
  • further devolution of equal of opportunity powers to ensure a coherent and more effective approach to policy implementation;
  • the lesbian, gay and bisexual voluntary sector in Wales be included as a category of interest on the Wales Voluntary Sector Partnership;
  • 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.
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.