The following motion on a review of the Equality and Diversity Policy was presented by Cllr Taylor at Council on 29th October 2024 and referred to this Committee.
“It is my view and that of many others, as can be seen by the reaction of the public, to what occurred at the last meeting of the Council, that sex matters.
It is my further view that this Council cannot continue to ignore and sideline the centrality of sex as a key factor of discrimination and deny women single sex spaces, where they are necessary, proportionate and legitimate to the objectives of upholding their Safety and dignity.
I ask that you consider why we have toilets and changing rooms for women and girls only and why the Authority places a sign outside those facilities when a male cleaner is in a female only toilet or changing room. When you have answered those questions, you will have identified the legitimate reason for taking the proportionate action, of not allowing biological males into women only spaces.
This equally applies to men's facilities but in my opinion the legitimate aim is more likely to be around dignity and privacy rather than safety. However, the religious practices of some men may prevent them using a facility which could be accessed by biological women.
To lawfully establish a single sex provision, you must meet at least one of a number of statutory conditions and show that limiting any service or provision, on the basis of sex, is a proportionate means of achieving a legitimate aim. So, you need a legitimate aim and to achieve it you must act proportionately.
According to the Equality and Human Rights Commission (EHRC), a legitimate aim for a single sex toilet and changing room, include: reasons of privacy, decency, to prevent trauma, safety and to support religious practices but could include many others. It supports that, as long as it is a proportionate means of meeting the legitimate aim, then trans people can be excluded. (Including those with a Gender Recognition Certificate). Therefore, it stands to reason that if the presence of a member of the opposite sex is the cause, then the exclusion of that person, to meet the legitimate aim, is reasonable and proportionate.
They go on to say that even if you cannot prove that such an act is proportionate to achieving a legitimate aim then it MIGHT be unlawful. It doesn’t say that it is but just that it MIGHT be.
Consequently, I am proposing that the matter be deferred to O&S so that a working group can be set up to review the Council’s relevant Policies, call independent experts/witnesses and gather such evidence as it considers appropriate in order to:
1. agree a definition of single sex spaces, for males and females owned or managed by TDC and any appropriate service provision.
2. Consider whether the Council’s policies discriminate against anyone on the grounds of a protected characteristic, unless lawful and proportionate. This includes those with the protected characteristic of Gender reassignment.
3. Make any recommendations to the Council as it considers appropriate.”
Minutes:
The Chair explained that the scope of this Notice of Motion requires a professional skillset outside of this chamber, as it is broad-ranging and will take considerable time for any working party to be established.
The current position is that the Council is and will continue to act lawfully. The Notice of Motion and work arising from it will be considered when prioritising the work programme of this committee.
As the Notice of Motion was referred from full Council it was now a Council matter rather than that of the initial proposer, Cllr J Taylor.
Cllr Sanders thanked Cllr J Taylor for bringing this matter forward and asked if the Committee wished to add it to the current forward plan for future action or should it take precedence over those agreed earlier in this meeting.
It was proposed by Cllr Bullivant, seconded by Cllr Radford that as it was a high priority it should take precedence. Following a vote by show of hands, it was agreed (7 votes for with 4 abstentions) that this item should have a higher priority and be progressed accordingly.
The Chair closed the meeting by saying it was agreed as a priority but noting that due to the complexities of the issues outlined above and the necessity to have external witnesses, it was not possible to specify a deadline at this stage.