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Report on WWAFE Meeting 28/6/10
The Equality Act
We met at a new venue, the Intercollegiate Halls, University of London. Thanks to our volunteer, Alice Fuller, we found this convenient room, large enough to seat 50. Everything would have been very comfortable, apart from the extremely hot weather – not a common complaint in the UK! The meeting was chaired by Jan Grasty, President of UNIFEM UK.
Lynne Featherstone, the Equality Minister, unfortunately had to cry off due to her current workload, most of it on the issue of implementation of the Act. Newspaper reports have suggested that the Home Secretary is considering scrapping, among other sections, the important introduction of ‘gender pay audits’ But we still had an excellent panel of speakers:
Baroness Sally Greengross, a Commissioner on the Equalities Commission, said that she believes that the Equality Act is an important piece of legislation which will help to change the culture towards acceptance of our shared human rights.
1. It will simplify many previous acts and clarify women’s rights and how to affirm them
2. It will widen the scope of the law to cover older people, a majority of whom are women
3. Employers will have to treat Carers fairly – 75% of these are women.
4. It will clarify points regarding discrimination, such as the protection of believers and non-believers and the disabled
5. It includes important protection for pregnant women and mothers.
Employers currently vary widely in their approach – some large ones are excellent, such as BT, with many employees on flexi-time and working from home. Macdonalds has also tackled the problem of women’s poor representation at the top with training and encouragement. Companies are allowed to use positive discrimination as a ‘tie-break’, where applicants are equally matched, and this can be helpful to ethnic minorities and to men (eg in primary schools) as well as to women.
All the political parties supported the Act when it was passed. Now there are concerns about some aspects which may be delayed, particularly measures to end the gender pay gap. The Commissioners will continue to fight for the Act, while recognising that this is a difficult time to implement expensive policies. There may also be a delay in issuing the guidance which has been prepared. (Olvia Fellas later explained how important this guidance will be).
Bea Campbell, the well-known journalist and feminist, said that it is imperative that we understand the importance of the moment we have reached. Women are today empowered as never before. Two great feminist movements have produced an international consensus about the need for equality, and this is already enshrined in law. And yet we are not equal, on any measure, and we are not necessarily moving forward.
The Equality Act emerged from the understanding that the law has not, in fact, been working. It will be useful, but is not by itself the third dramatic movement which is required. While the need for gender equality is recognised globally, globalisation does not favour women. The great new powers will be India and China, but these are developing new gender gaps, new patterns of domination and subordination. In the UK, the 1970s legislation designed to get rid of the gaps has been blocked by politics and money.
We must decide: what do we want sorted out? And how will this happen? We can learn from Northern Ireland, where the duty to establish equality was written into constitutional change. Feminists saw the opportunity to insist that public authorities take responsibility for ensuring equality, rather than waiting to be challenged for inequality.
This is the new thing in the Act – that it assumes that local authorities will produce change, and insists that they do so in dialogue with those that need it. The technical instrument for this is the Equality Impact Assessment which must be done at an early stage of any policy. This already exists, but is often either not carries out or is done as a meaningless formality. Has the Government done an EIA on its welfare policy?
We have a responsibility here. We have the right to ask such questions, and we must do so.
Olvia Fellas, Head of Equality ,Islington Council,described the efforts being made by the Council to make the provisions of the Act a reality. They have responsibilities both as an employer and as a service provider, in an area of immense ethnic and social diversity, with 50% of school children from immigrant families and the third worst record for child poverty in any English borough.
The council consults the public via forums and scrutiny groups. Its Violence Against Women group is working effectively, as are schemes for other disadvantaged groups. It already reports annually on the gender pay gap. As an employer, it collects data to see where disadvantaged groups are failing to get jobs and has established systems to make it easier for them to apply.
The Equality Impact Assessment is a useful tool, although often very difficult to do. If there are questions left unanswered on an EIA, it is now sent back and not signed off until they are answered – this has helped to make them more than formal exercises.
But there is now uncertainty over some aspects of the Act. The promised cuts will mean doing less for less – how will equality be achieved in this context? Councils and other bodies badly need the guidance which has been promised, but protecting the disadvantaged is even more important now. Whatever happens, it will be crucial to prioritise in a transparent way.
Discussion:
Clare Yates of Object asked how the Act will help to reduce inequality in the Media. Baroness Sally Greengross said that the Act does not deal with this directly, but the extension of the provision to the elderly is already helping – the recent fuss over TV presenters is an example.Jocelynne Scutt asked whether training would be provided for judges and those on tribunals etc. Sally replied that this would not be done by the Commission, but is done by the professional bodies – not well enough, perhaps.
Irma Efunshile raised a concern relating to the ‘Census form’ used by Islington and others to collect data – Olvia confirmed that the form is not seen by the interview panel and agreed that this needs to be made very clear to applicants.
Alice Fuller raised the question of the private sector, where most women believe discrimination still exists. Sally said that at present the Act only applies to the public sector, but will be extended later. She said that many large and small companies were generally good in this area - the worst employers tend to be in medium sized companies, because we do not train our middle managers properly. Jan Grasty commented that UNIFEM is going to meet with businesses on this issue.
Shannon Harvey of Womenkind asked whether EIAs could be used for overseas aid? The panel did not know the answer to this, but agreed it would be useful if so. Jan thinks that DiFED is committed to equality and the new UN women’s unit will be better funded and more effective than before.
Jonas Cleary postulated that the market will, in fact, ensure that women become better represented in business because they are now better educated and are more conscientious than men. Women are already making progress in middle management, which is where business is actually run.
The last issue, raised by Chrissie Kravchenko, was of concern to most of the audience. She is pessimistic about whether new legislation will work any better than the old. Why do young women not want to push for their rights? In reply, Bea took a different tack and suggested that we have a habit of thinking that the problem is women – their needs, their ambitions, the fact that they have babies. But in fact the problem is one of masculinity – to see this one only has to look at the link between gender and crime. But society does not wish to address the problems of masculinity, which is described as ‘natural’. Young men in prison are provided with physical activity in gyms, but not with ways to address their behaviour, which is bound up with their masculinity. Masculinity is never questioned and reproduces itself endlessly.
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