SCECLB196 Individual

Senedd Cymru | Welsh Parliament

Y Pwyllgor Biliau Diwygio | Reform Bill Committee

Bil Senedd Cymru (Rhestrau Ymgeiswyr Etholiadol)| Senedd Cymru (Electoral Candidate Lists) Bill

Ymateb gan Unigolyn | Evidence from Individual

What are your views on the general principles of the Bill and the need for legislation to deliver the Welsh Government’s stated policy objective (to make the Senedd a more effective legislature by ensuring it is broadly representative of the gender make-up of the population)?

I am extremely concerned that the bill allows for trans identified males to self identify and qualify themselves as women. This would render the bill meaningless.

I think we would achieve more diverse and representative outcomes by having trans identifying men, who are male by sex, occupy the reserved quota for men.

This is also a form of creeping self identification for Trans identified people. In pushing this you are seeing to undermine the equality act and women’s rights. This is unfair and dangerous.

I also think it’s anti democratic, because if the objective is to promote and advance self identification, this needs to undergo proper legislative scrutiny. Rightly, or wrongly, as established by the Scottish Secretary and subsequently by the Edinburgh Court of Session, legislation pertaining to that process remains the preserve of the Westminster parliament and not that of the devolved administrations.

What are your views on the system of enforcement and potential sanctions for non-compliance proposed in the Bill?

The proposals around enforcement imply that there is no enforcement, because it enables self identification. Ultimately, it allows men (by sex) to identify themselves as women and vice versa.

Given that a state of being ‘trans’ cannot be defined other than be reference to endogenous feelings, then the system could be gamed, or be brought into disrepute by opponents of the bill.

Per the answer above, I think self id is inherently unfair to women as it effectively erases the structural discrimination they face on the basis of sex in society (in employment, politics, the law and social media etc.). They do not face discrimination because of identification into a female gender category.

Are there any potential barriers to the implementation of the Bill’s provisions? If so, what are they, and are they adequately taken into account in the Bill and the accompanying Explanatory Memorandum and Regulatory Impact Assessment?

Ethical considerations of fairness.

Consideration of the overwhelming evidence that individuals cannot change sex or that identification with different societal gender characteristics does not alter male patterns of violence.

The Equality Act.

The Government of Wales Act 2006 and the reserved Westminster powers (e.g. the Court of Session ruling on the Scottish governments attempt to pass self ID laws)

Are any unintended consequences likely to arise from the Bill?

Failure to achieve 50/50 representation.

Expensive legal action from NGOs and potentially UK government

What are your views on the Welsh Government’s assessment of the financial and other impacts of the Bill?

Legal

What are your views on the balance between the information contained on the face of the Bill and what is left to subordinate legislation? Are the powers for Welsh Ministers to make subordinate legislation appropriate?

Do you have any views on matters relating to the legislative competence of the Senedd including compatibility with the European Convention on Human Rights?

Do you have any views on matters related to the quality of the legislation, or to the constitutional or other implications of the Bill?

I think it’s an attempt to bring in trans self identification by the back door.

More broadly, I am more in favour of legislating for promoting equality at a level prior to the legislature (e.g at the point of candidate selection) as ultimately assembly members should be there on merit, not on the basis of sex (and most certainly not on the basis of gender).