Draft Guidance on Assisting and Supporting Transgender Visitors and Other Users of Parliament Buildings - Consultation Report

1

Welcome the draft guidance which reflects emerging good practice.

Para 1 – “All visitors to and users of Parliament Buildings have a right to be treated with equality and dignity, and to be free form harassment and inappropriate behaviour.” We are content.

Noted.

2

Para – 2 – “The Northern Ireland Assembly Commission (the ‘Assembly Commission’) is committed to equality of opportunity and to creating an environment where everyone is treated with respect.” We are content.

Noted.

3

Para 3 – “The Assembly Commission will not tolerate discrimination, bullying or harassment on the grounds of gender reassignment.” Suggest changing “gender reassignment” to “gender identity”.

The term “gender reassignment” is used in the draft Guidance on the basis that it reflects the protections in Article 4A and 4B of the Sex Discrimination (Northern Ireland) Order 1976 and is defined as anyone who intends to undergo, is undergoing or has undergone gender reassignment under medical supervision. 

4

Para 4, bullets 1 and 2 – We welcome this section and welcome the inclusion of pronouns.

Noted.

5

Para 4, bullet 3 – this should be amended to remove the phrase “from the point at which they begin to present permanently in the sex to which they identify.” In our opinion, this is not appropriate and should be amended. The issue is with the word “permanently” – how will this be decided, and by whom? Suggest that the line be amended to read: “They are free to use restrooms and facilities assigned to their gender identity”.

The term “permanently” reflects the Equality Commission for Northern Ireland’s Guide to the Sex Discrimination (Gender Reassignment) Regulations (Northern Ireland) 1999 which states that: “The employer and employee should agree the point at which the use of facilities such as changing rooms and toilets should change from one sex to the other. An appropriate marker for using the facilities of the employees ‘new’ sex may, for example, be the point at which the individual begins to present permanently in the sex to which they identify.”

The Government Equalities Office guidance on “The Recruitment and Retention of Transgender Staff: Guidance for Employers” advises that “a trans person should be free to select the facilities appropriate to the gender in which they present. For example, when a trans person starts to live in their acquired gender role on a full-time basis they should be afforded the right to use the facilities appropriate to the acquired gender role.”

The approach taken in the draft Guidance is intended to ensure that visitors and other users of Parliament Buildings may access restrooms and facilities belonging to the gender with which they identify, from the point at which they present in the sex they identify with on a daily/permanent basis. We consider this to be a fair and reasonable approach that supports all visitors to and users of Parliament Buildings.

6

Para 5 – “Visitor passes do not contain gender-based honorifics (e.g. Mr, Mrs etc).” We are content.

Noted.

7

Para 6 – suggest the inclusion of pronouns in this section. Amended text: “Where records are held for visitors or users of parliament Buildings, for example, a list of names attending an event, these records will reflect the name, pronouns and expressed gender identity of the person concerned.”

As advised in paragraph 4 of the Guidance, visitors or users of Parliament Buildings will be addressed using their chosen pronouns. The record of visitors includes the name of the attendee and their expressed gender identity. There is no business requirement to include pronouns in this record.

8

Para 7 – “Such records will be retained in line with the appropriate Assembly Commission Data Retention and Disposal Schedule.” We are content.

Noted.

9

Para 8 – replace the term “gender reassignment” with “gender identity”.

Response at Point 3 refers.