Draft Equality Act 2010 (Specific Duties and public authorities) regulations 2017

Debate between Angela Crawley and Caroline Dinenage

Wednesday 22nd February 2017 General Committees

[Caroline Dinenage]

The hon. Lady knows that I am passionate about this and will not let it drag on forever. I will keep it under constant review. She knows, as well as I do, that I am not in the business of spending taxpayers’ money before knowing that that money is going to be well spent and will make a real and positive difference to working women—and men and employers—up and down the UK.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

The Minister mentioned earlier the work of the Women and Equalities Committee inquiry. A number of witnesses to that inquiry outlined that the European Commission recommends a threshold of 50 employees. Does the Minister accept that a more ambitious target would bring forward the kind of changes that we want a bit earlier?

[Caroline Dinenage]

That is in terms of the number of employees one would have to have. As I said at the outset, we wanted to do this hand in hand with business. One concern articulated by business right at the beginning was that, if businesses did not feel that they had bought into this and could not see the advantages, the more unscrupulous ones might subcontract all their lower paid jobs to microbusinesses or very small companies to get round the gender pay gap reporting. We do not want to be in that position. We want to be in a position where businesses, authorities and public bodies all see that there is a genuine benefit in maximising the potential of every single member of their talented workforce, bringing them through the pipeline and making sure they reach the absolute pinnacle of what their skills allow them to do—and that they look at all the different resources available to them such as flexible working and shared parental leave.

It is important to note that we may not have such a low threshold of staff as other European countries, but the way we want to report is much more onerous. We cover bonus pay gaps as well. We know that the bonus pay gap is significantly larger than the gender pay gap on average. Men get paid significantly more and that is why we are asking for a median and mean average for bonus pay gaps. Our requirements are a little bit more arduous, but we think that they are the way we are going to get to the nub of this problem and really begin to tackle it.

The right hon. Member for Slough spoke about older workers and older women in particular. I am really dedicated to looking at ways to tackle the challenges facing older women in work. We are really committed to unlocking the skills, talents and experience of all women and supporting them to reach their economic potential. We will shortly publish “Fuller Working Lives: a partnership approach”, which sets out how working longer can benefit businesses, individuals and the economy, and the key actions that Government are taking. In the meantime the Women’s Business Council, which this Government established, has set up its own action group on staying on. It specifically looks at what businesses can do to support older workers, such as encouraging greater use of flexible working and providing practical support.

I am really pleased that the Committee broadly welcomes the regulations and that we agree on the underlying policy intention to accelerate action to close the gender pay gap. On that basis, I hope that hon. Members will support the regulations, which I commend to the Committee.

Question put and agreed to.

Transgender Equality

Debate between Angela Crawley and Caroline Dinenage

Thursday 1st December 2016 Commons Chamber

[Caroline Dinenage]

Yes. Some of the legislation is very new, including that of our friends in the Republic of Ireland. We will keep it under review and we are determined to learn all the lessons of best practice from around the world, as indeed we always have.

[Angela Crawley]

On that specific point, will the Minister meet Angela Constance, the Cabinet Secretary for Communities, Social Security and Equalities in the Scottish Government, to have that discussion, given that Scotland is now embarking on that process? Perhaps there could be a shared learning experience to ensure that we take matters forward for trans equality.

[Caroline Dinenage]

Yes, I am more than happy to do that and I am keen to collaborate in any way with those from whose experience we can learn.

My right hon. Friend the Member for Basingstoke presented her Bill today. We have not yet heard a convincing case for introducing gender identity as a protected characteristic. The Equality Act, and criminal, hate crime and employment legislation all offer protection for trans people. However, we will continue to keep an open mind, listen to testimony and monitor evidence to find ways to improve the lives of trans people.

My opposite number, the hon. Member for Rotherham (Sarah Champion), asked about hate crime. We have improved the recording of hate crimes against LGBT people to support more effective prevention and action. Police forces are now required to collect those data, and the first set of data was published as official statistics in 2013. We have committed to review legislation on hate crimes and we are currently considering the options. The Crown Prosecution Service also recently launched a consultation on draft guidance on prosecuting cases of offences involving transphobic hostility.

The hon. Member for Lanark and Hamilton East spoke about gender markings and gender X on passports. As she pointed out, UK passports currently recognise only male and female genders. Legal recognition is more broad than just changing passports and would need to be considered across Government. Introducing a third category, such as that denoted by an X in a passport, would require a change in UK primary legislation. However, on gender markings, as set out in the response to the Select Committee report, the UK has agreed with the International Civil Aviation Organisation to lead on a survey of member states on gender and passport markings. The gender questionnaire was circulated in October and member states had until the end of November to provide their views. We will review the responses, compile a report and submit it to the working group early in 2017.

Oral Answers to Questions

Debate between Angela Crawley and Caroline Dinenage

Thursday 26th May 2016 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

While this Government have cut workers’ rights, attacked trade unions’ ability to organise and legislated to block women’s access to justice, the EU has protected maternity rights, strengthened paternity rights and upheld our fundamental rights. Does the Minister agree that EU membership will protect rights for women returning to employment?

[Caroline Dinenage]

I do not agree that this Government have undermined women’s rights, but I agree that the EU has done an enormous amount to protect them.

Gender Pricing

Debate between Angela Crawley and Caroline Dinenage

Tuesday 2nd February 2016 Westminster Hall

[Caroline Dinenage]

Well, you might now. It seems that the power of the female consumer’s voice, once it is brought to public debates such as this, is starting to be heard. We encourage that, of course, and we encourage other retailers to take note. We heard from the British Retail Consortium that non-food prices have fallen continuously for the past 33 months, and that that may be in part because consumers are more informed than ever before. Long may that continue.

Another serious issue is the impact on children, which the hon. Member for Lanark and Hamilton East (Angela Crawley) mentioned. I know from my postbag that many parents are concerned about the impact of gendered marketing on children, which is compounded if, as we are discovering, there is a price differential too. Children learn through play, so it is important that they have access to a wide range of toys and interests, whatever their gender. So what if boys want to wear pink and girls want to play with train sets? At least, as we heard a couple of weeks ago, Barbie has finally put on a few pounds. That is something to make us all feel a bit better. That is why the Government are committed to supporting parents and teachers in raising the next generation of informed consumers by developing media literacy and resilience to restrictive stereotypes.

[Angela Crawley]

Perhaps if we removed gender from children’s toys, we might find that young boys and girls could aspire to whatever careers they chose. It might have a large role to play in that as well.

[Caroline Dinenage]

The hon. Lady is absolutely right. Only last week, I was at an event geared towards getting girls into science, technology, engineering and maths. Those sorts of initiative are so important. In order to correct the gender pay gap, which we have discussed, we need women to aim for those higher-paid careers.

The hon. Lady also raised the point that if we could get more women on boards, gender discriminatory decisions might not be made. I am pleased to say that we have made enormous progress on that under Lord Davies; the 25% target for women on boards of FTSE 100 companies has now been met, although we agree that more needs to be done to improve the executive pipeline. At the moment, less than 10% of people in the FTSE 100 executive pipeline are women. We have accepted his recommendations to establish a new review focusing on the executive layer of FTSE 350 companies. That is important to ensuring that the retail issues change.

I do not want to make a massive party political point out of this, but I gently say to the hon. Ladies who have spoken about how cuts have hit women hardest that a record number of women are in employment. We all want to see women in higher-paid employment, but that record number is a good thing. The female participation rate has increased by more since 2010 than it did during the previous three Parliaments combined. Women’s salaries are rising in cash terms. We are cutting tax for nearly 13 million women by 2017-18 and the gender pay gap is at its lowest level. No one should think I am in any way complacent about that. I know that there is still more to do, but we are dedicated to that.

As the Minister for Women and Equalities and Family Justice, I am happy to keep a very close eye on the issue raised today, but I fundamentally feel that is up to us all as intelligent, questioning consumers to demand an explanation from retailers and manufacturers for the different prices, if we have questions or concerns. Actions speak so much louder than words. While women’s voices must unite on this issue, it is even more powerful if women speak with the power of our purses. As a result of the growing debate on this issue, I know that more women will understand that they do not have to buy pink razors. The blue ones are just as good, and men are of course welcome to try the pink ones out if they wish, Sir Edward. I know that if the tables were turned, men would be proudly choosing pink earplugs if they realised that they cost a third less.

Transgender Prisoners

Debate between Angela Crawley and Caroline Dinenage

Tuesday 15th December 2015 Commons Chamber

[Caroline Dinenage]

If the hon. Gentleman will bear with me I will come to that point soon, and I will be more than happy to communicate with him after the debate if I do not cover everything.

Last week I announced during Justice questions that that review will now be widened to consider what improvements we can make across prisons, probation services and youth justice services. The review will develop recommendations for revised guidelines that cover the future shape of prison and probation services for transgender prisoners and offenders in the community. It will be co-ordinated by a senior official from the Ministry of Justice, who will engage with relevant stakeholders—including from the trans community—to ensure that we provide staff in prisons and the probation service with the best possible guidance.

[Angela Crawley]

Has any consideration been given to those who identify as non-binary or non-gendered in that review and guidance?

[Caroline Dinenage]

The hon. Lady makes an excellent point. The terms of reference for the review have been published, and that refers back to the point made by the hon. Member for Lancaster and Fleetwood about the evidence learned from experience in Scotland. The review will ask for evidence and submissions in the new year, and we want that to be an open and engaging process. Everything and anything will be taken into consideration at that point.

We want to ensure that we provide staff in prisons and probation with the best possible guidance. NOMS, the Youth Justice Board, the national health service and the Government Equalities Office have already started to provide the professional and operational expertise necessary to get this right. In addition, Peter Dawson and Dr Jay Stewart will act as independent advisers to the review. Peter Dawson is deputy director of the Prison Reform Trust and has served as deputy governor of HMP Brixton and governor of HMP Downview and HMP High Down. Dr Jay Stewart is a director of Gendered Intelligence, an organisation that aims to increase the understanding of gender diversity.

An aspect of the review to which the Government have given a firm commitment is defining how we can properly record the number of transgender prisoners and offenders in the community. There are a number of sensitivities associated with this, of which the hon. Lady, who has served on the Select Committee, will be aware. The Gender Recognition Act 2004 places constraints on the recording of information about individuals who have applied for or been issued with a gender recognition certificate. Individual prisons are of course aware of those prisoners in their care who live or propose to live in the gender other than the one assigned at birth, in order properly to provide a care management plan for them that is consistent with the policy guidelines.

NOMS is currently looking at ways to facilitate the recording of information relating to transgender status through the introduction of an equality self-declaration form—to which the hon. Lady referred—to be completed by all defendants as part of their pre-sentence report. As well as obtaining other equality-related information, the use of such a form as standard would enable us to monitor the amount of self-declared transgender individuals who have received a custodial or community sentence. The resourcing and operational impact of introducing the form is being looked at right now, and I hope we will have more news on that shortly.

There has recently been considerable media interest in a number of individual cases, the reporting of which has, sadly, been rather wide of the mark in some parts. As the House will appreciate, operational issues relating to the effective management of risk and the protection of offenders mean that it would not be appropriate for me to comment on individual cases. A key issue is the privacy of individual offenders and their families. An individual’s history of offending constitutes “sensitive personal data” for the purpose of the Data Protection Act 1988, as can information on their possible transgender status. Such information can therefore be released only when it is fair and lawful to do so. The threshold is high and requires a strong countervailing public interest for the information to be disclosed. Factors relevant to that assessment will include whether the individual has given their consent for the information to be released.

In addition, under section 22 of the Gender Recognition Act 2004, it is a criminal offence for someone who has acquired information in an official capacity—including civil servants, holders of public office and employers—to disclose information about a person’s application for a gender recognition certificate or where the certificate has been issued that discloses the person’s previous gender.

Section 22 of the Gender Recognition Act also defines any information relating to a person’s application for a gender recognition certificate or to a successful applicant’s gender history as “protected information”. In most instances, it is a strict liability offence to disclose protected information to any other person if the information has been acquired in an official capacity. The exemptions to when it is an offence to disclose protected information listed in section 22 are very tightly drawn to avoid abuse and protect individual privacy. If the hon. Lady has examples of where that has not been upheld, I would be keen to know about it.

My hon. Friend the Member for Milton Keynes South (Iain Stewart) raised the death of his constituent. I have explained why there are limits to what I can say about individual cases. None the less, I wish to place it on public record that both myself in a personal capacity and the Government consider each self-inflicted death in custody a tragedy. We are committed to reducing the number of deaths in prisons, and every death is the subject of investigations by the police and the independent Prisons and Probation Ombudsman, as well as a coroner’s inquest. The safety and well-being of all prisoners in our care is of the highest priority.

I am mindful of the wide-ranging evidence put to the Women and Equalities Committee inquiry into transgender equality. It has taken some fascinating and really valuable evidence and I very much look forward to hearing its recommendations in due course.

I wish to reassure the hon. Lady of my utmost commitment to the care and management of transgender prisoners. The planned review will allow us the opportunity to focus on their needs and their well-being against the backdrop of social reform, and as part of our wider investment in the rehabilitation of all prisoners in our care.

I thank the hon. Lady for giving us the opportunity to debate this very important subject and look forward to discussing it further with her in due course.

Question put and agreed to.

Maternity Discrimination

Debate between Angela Crawley and Caroline Dinenage

Tuesday 3rd November 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

It is a great pleasure to serve under your chairmanship, Mr Bailey. I also congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this important debate. Let me be absolutely clear from the outset that pregnancy and maternity discrimination, whether at work or when seeking access to services, is unlawful and completely unacceptable. We have all been shocked by some of the experiences highlighted in the joint Government and EHRC interim research report on this problem in the workplace and by the stories we have heard via the blog and, indeed, today such as the story of Aisha, which was raised by the hon. Member for Lancaster and Fleetwood (Cat Smith). Those stories reflect badly on the employers concerned.

When the interim report was published in July, I was horrified that one in eight women reported that they felt that they had to leave work as a result of their pregnancy or maternity leave. It is clear that far too many women feel that they face unacceptable treatment in the workplace, causing additional stress and difficulties at what, as the hon. Member for Glasgow Central (Alison Thewliss) quite rightly said, should be an exciting and happy time for their family.

The Chairman of the Women and Equalities Committee, my right hon. Friend the Member for Basingstoke (Mrs Miller), rightly said that it is not difficult for employers to understand, implement or comply with the legislation. The report shows that most mothers feel supported by their employer—four in five mothers said that their employer supported them during pregnancy, and three in four of those returning to work said that their needs as a new mother were met. It is encouraging that, despite the bad stories, most employers, such as the hon. Member for Strangford (Jim Shannon), embrace their legal and moral duties to their employees. It is good news that most women have a positive experience during and after pregnancy.

It is also important to recognise that the vast majority of employers believe it is important to support pregnant women and those on maternity leave. More than four in five employers feel it is in the interest of their business to do so, and of course it is. Although it is reassuring that the vast majority of employers recognise the important contribution made to their organisation both by pregnant women and by mothers returning from maternity leave, it is still nowhere near the 100% that we want. So many mothers do not have a good experience, and we must do all we can to ensure that all employers see the benefits to their organisation of having a diverse workforce.

To address the problem effectively, we need to understand the causes and extent of pregnancy discrimination in our workplaces, which is why in 2014 the coalition Government commissioned an extensive research project into perceived pregnancy and maternity discrimination. It is the largest research project of its kind undertaken in Great Britain, and it is interviewing more than 3,000 employers and 3,000 employees. The final report, which will come out later this year, will tell us what issues women face, who is most at risk and which types of employers are most likely to receive complaints about discrimination. We will use that information to decide our next steps to ensure that both employers and mothers are aware of, and act on, their legal obligations and rights.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East is right to say that access to the correct advice is a key priority. In the meantime, the Government have ensured that support is available both to mothers and employers on their rights and responsibilities. The EHRC has produced guidance in the form of frequently asked questions to help employers to understand their legal obligations and to provide suggestions for good practice in managing pregnancy, maternity leave and return to work. The EHRC has also produced a toolkit for employers, with a stock of pre-prepared letters, checklists and ready-made policy templates to make administration as simple as possible.

More generally, some £49 million has been provided to the EHRC, ACAS and the Equality Advisory and Support Service as part of the Government’s commitment to support both employers and employees. The EASS helpline is available for those who may have a discrimination issue, often outside the workplace, such as women who feel that they have faced unlawful restrictions on breastfeeding in public. The helpline provides in-depth free advice and support, helping individuals to solve their problems informally, and covers England, Scotland and Wales. More than 80,000 individuals have been helped to date.

ACAS provides advice both to employers and employees on pregnancy and maternity discrimination, including specific guidance on breastfeeding at work. ACAS is also developing guidance and products in relation to gender pay reporting and the menopause. It has also published new guidance on equality and discrimination, equipping people with the knowledge and ability to take action to avoid discrimination and to respond to it if it occurs. Of course, we must not forget the excellent work of organisations such as Maternity Action and Working Families to support employers and women while pregnant and on maternity leave.

Employment tribunal fees were introduced to cut the burden on taxpayers and encourage parties to seek alternative ways to resolve their dispute. It is not right that hard-working taxpayers should pick up the entire bill of some £71 million for employment disputes and tribunals, but to protect the lowest paid workers, there is a system of fee remissions under which fees may be waived in part or in full for those who qualify.

We have also taken steps to divert people away from potentially acrimonious tribunal hearings where possible, which is important. Under the new early conciliation scheme, people must notify ACAS of their intention to lodge an employment tribunal claim, and they are then offered an opportunity to settle their workplace dispute without going to court. The scheme has already been used by more than 80,000 people in its first year, and 56% of complaints in the “suffered a detriment or unfair dismissal—pregnancy” category were settled through the ACAS early conciliation process. ACAS services are free of charge, making it a cheaper, quicker and less stressful option for all concerned.

On 11 June 2015, the Government announced the start of the post-implementation review of employment tribunal fees. The review is well under way and will be completed in due course. Among other things, the review will consider the impact of fees on particular groups, including women. The EHRC report will be taken into consideration. The review will broadly consider how successful the policy has been in achieving its original objectives, which will include, so far as possible, whether the fees have had any differential impact on people with protected characteristics and the types of cases they bring.

The hon. Gentleman also mentioned compliance and tribunal award payments, which are clearly unacceptable and are something that the Department for Business, Innovation and Skills is currently evaluating. We want everyone in our society to fulfil their potential, and we cannot afford to waste the talents of half our population. Addressing discrimination is only part of what we are doing to ensure that women are able to make the most of the opportunities available to them. Our ambition is to end the gender pay gap within a generation. There are now more women-led businesses than ever before, a record number of women in work, and the gender pay gap is at an all-time low. Do not take that as complacency; there is more to be done. That is why we will require large employers to publish information on the difference between men and women’s pay, and last week the Prime Minister announced that we will ensure that large employers regularly report on bonuses as part of that gender pay reporting.

[Angela Crawley]

I appreciate the Minister’s point about large employers, but the vast majority of people work for smaller companies with fewer than 250 employees. Has she considered that those people will be equally affected?

[Caroline Dinenage]

Yes, absolutely. I ran a small business for more than 20 years from the age of 19, and I think a culture change is required. We need to secure that change in large companies that can afford to do the gender reporting and can afford the posh websites on which to report it. We hope that will bring about a culture change that filters down, but we will keep it under review. Nothing is off the table.

The measures build on our support for working families. From September 2017, we will double the amount of free childcare to 30 hours a week for working parents of three and four-year-olds, which will be worth around £2,500 a year. Some 1.8 million families could also benefit from the new tax-free childcare scheme from 2017, which will be worth up to £2,000 a child. We will extend shared parental leave and pay to working grandparents. The policy, when implemented in 2018, will support working parents with the cost of childcare and help the 2 million grandparents who have given up work, reduced their hours or taken time off to help with childcare. That is in addition to the families who are already benefiting from shared parental leave, which was introduced earlier this year. We need time to assess the impact of shared parental leave, which will of course be reviewed in due course. We need a cultural change so that the chaps understand that they have an equal responsibility for childcare. We will also introduce a national living wage.

The Government are committed to ensuring that everyone, regardless of their gender, ethnicity, age or background, is able to fulfil their potential, which is why we are determined to address pregnancy and maternity discrimination, wherever it may arise. This issue affects us all. It is not only utterly reprehensible that women feel they have experienced discrimination in the workplace, but it represents an unacceptable loss to our country’s productivity. Valuable employees are being misused. I was interested to see the digital debate on Twitter yesterday, using #MothersWork. Many useful points were raised in that debate, as well as in today’s debate, and they will all be taken into consideration. I am more than happy to meet Maternity Action, and I am pleased to see so many colleagues from both sides of the House agree that maternity discrimination is an important issue. I look forward to reading the final report.

Oral Answers to Questions

Debate between Angela Crawley and Caroline Dinenage

Thursday 2nd July 2015 Commons Chamber

[Caroline Dinenage]

That is a detailed question, and I will of course write to the right hon. Lady with a full answer. We take the needs of women in our prisons very seriously. Lots of schemes are being introduced to help to build and maintain bonds for women, particularly those who have caring responsibilities, not least the use of video links so that they can keep in contact. Babies and children are allowed into some parts of our prisons, and we will keep that under review.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

Rather than focusing on uniforms, what lessons does the Minister take from the work of the Scottish charity Families Outside to ensure that offenders, in particular mothers, can continue to play a role in their children’s lives, which reduces the likelihood that they will reoffend, and from the measures taken by the Scottish Government towards a custody in the community approach to female offenders?

[Caroline Dinenage]

The hon. Lady makes a very good point, and I am very happy to look at the charity that she mentions. We have to look at the individual needs of mothers, particularly if they are sole carers, because in many cases we must consider what will happen to the children if their mothers are in prison. Judges look at every case individually and take into consideration whether mothers have caring responsibilities, and we know that they will continue to do so.