East Midlands PROUD Newsletter no.10
06 December 2003

It’s December, and the new Employment Equality (Sexual Orientation) Regulations are with us! Although you would scarcely know it, as all of the media stories have concentrated on banning the use of mobile phones while driving. Regrettably, the planned launch and release of balloons by PCS Regional Offices did not go ahead because of problems with having to alert Air Traffic Control, but our job now is to alert LGB people to their new rights in the workplace and making sure that the law is adhered to. We should also make our Union reps., Branches and Groups aware of the new law, as they should be looking to review managements’ equal opportunities, harassment and bullying policies, recruitment and selection procedures, and promotion procedures, and seeing that management provide equality awareness training that includes sexual orientation, for all staff. If management are careless enough not to see that staff are fully informed, they stand to go to an Employment Tribunal, should a case be brought against them, and forced to pay compensation that has no set limit.

East Midlands Meeting

Many of the regulars were not able to make this meeting, but those that did had a quiet and pleasant afternoon at ‘Mine’ café bar in Leicester on 25 October, and although Dave didn’t come along on this occasion, I know that he has made a couple of trips here to research Part II of his Pink and Pinkish Water Holes of the East Midlands Bar Guide that we are all eagerly awaiting!

We didn’t have a meeting in November – just too busy, seminar and all – but we will have one in December! So, lets go for lunchtime 1.00pm on Saturday 13 December at the Lord Roberts, Broad Street, Nottingham. This is quite a cosy gay pub with open fires and all, and should get you in a festive and relaxed mood. Alas, on this occasion, I shall not be able to attend, but can rely on Dave as ever to see that things go smoothly.

Seminar 21 – 23 November

This year saw the PROUD seminar held in York at the Moat house Hotel, which is a comfortable though warren like venue, with corridors and rooms juxtaposed at all angles and levels. We found ourselves situated in the Riverside Suite, and sat in groups around large round tables. We got off to a slow start, partly because nobody seemed to know where Wash was, (we’d forgotten to tell her where the venue was!), but Treasurer, June Davison, showed her talent for adaptability and stood in as ‘Chair’ for the afternoon.

NEC member, Graham Taylor, opened proceedings with greetings from the National Executive Committee. He said that the newly elected NEC takes equality issues very seriously, and recognised that PROUD are at the forefront of the wider union movement with regard to leading the fight on LGBT issues.

Graham Corbett, from the PCS legal team said that the unions’ position on the new Employment Equality (Sexual Orientation) regulations is that they are a welcome step forward. But, he added, there are flaws and they fall short in expectations – citing clause 7(3) which excepts religious organisations from having to comply, and clause 25 which excepts granting pension survivor benefits to unmarried couples. The union is not going to allow these clauses to go unchallenged, he said, and added that a judicial review is being sought by PCS along with seven other unions and the TUC. Graham then gave some insight into the workings of the PCS legal department and the changes being made to provide a better service to members and representatives.

PROUD Secretary Brian Shaw then took the floor bringing us up to date on the groups’ activities. We now have not one, but TWO new PROUD banners to take along to rallies and Pride events, and we have our own new PCS PROUD badges to sport on our lapels! Obviously this is good publicity for the group. Brian then told us that LGB representatives from the FDA, Prospect, GMB and Unison, had joined us for the seminar and were there to learn how we do things. This is a reflection of the high esteem with which other unions hold our work.

The theme of this years’ seminar was ‘New Rights, New Challenges’. Brian listed all of the gains that had been made recently, such as reducing the age of consent to 16 in line with heterosexuals, gaining adoption rights, Civil Partnership legislation under consideration by Parliament, and the ridding of section 28 from the statute books. He reminded us that 40 years ago, sex between men was illegal and an imprisonable offence. Have we achieved equality in that time? No. The Civil Partnership legislation if introduced as it stands will be second-class, and lesbians and gays can still legally suffer discrimination outside of the workplace. So there is much work to be done yet, as the Government is showing itself to be at best half hearted in creating the conditions for equality for lesbians, gays and bisexuals.

John Coote from PCS HQ then gave a talk on Sexual Offences Legislation and the Criminal Disclosure process. John pointed out the disparity in the law with regard to public sex, and how you are treated legally depends on who you are. Currently public sexual activity between opposite sex couples is covered by ‘Common Law’, yet consensual sex between two men is treated under Criminal Law. There is no legislation that covers sex between two women. A new Sexual Offences Bill is currently being debated, and although under it, there is no distinction between same sex and opposite sex sexual activity in public, still, a specific offence for having sex in a public lavatory has been created.

John gave an overview of Criminal Law as it currently stands. The Protection of Children Act 1999 requires Employers to show due diligence and check staff’s suitability to work with under 18’s and/or vulnerable adults every three years. The Sex Offenders Act (1997) initially meant that all gay sex offences had to be registered, but now only Under Age Offences have to be registered. Under the Rehabilitation of Offenders Act 1974, certain convictions become spent after a period of time, e.g., Prison sentences up to 2.5 years become spent after 10 years. Once a conviction is spent it does not have to be declared. Under the Criminal Disclosure Process, however, employers are allowed to ask new and current staff to provide evidence of their criminal history. There are three levels – Basic, Standard and Enhanced. Under the Standard and Enhanced checks, both spent and unspent convictions can be revealed. This may well cause problems for men who have been convicted of sexual offences under laws that no longer apply – such as the 1994 Age of Consent set at age 18. Where information is held about an individual under police scrutiny and the individual is not aware, the Employer will be informed. Men who are not ‘out’ at work may be forced out under this process if they hold any type of conviction in the past. Clearly there is more work to be done by campaigning groups to get the law changed.

That ended Friday’s session, and delegates attended a disco at the hotel in the evening, which went down well (particularly with the wedding party that decided to join us, as their celebration was so dull!)

Lorna Campbell from PCS Equality, Health and Safety department kicked off Saturday morning and gave feedback on her research project ‘Sexuality in the Workplace’ that she has been working on, and which PROUD members, Black members and members from the Child Support Agency took part in. Lorna said that as a black woman and a mother she had never had to think about her own sexuality, she had never had to speak about it. She has never had to keep any of her identities secret, but she has had legislation to refer to if she ever had a problem. She had been moved by individuals she had spoken to who had had to lead double lives. She was amazed at some of the experiences that had been recounted to her, and had previously thought of offices to be modern, safe environments to work in. Heterosexuality is a sign of privilege through the ages, said Lorna, and added that homophobic attitudes must be challenged, and people engaged with when they said the wrong things. Religion appeared to be the biggest stumbling block where attitudes were concerned – the Church of England had intervened when the Government was drafting the new regulations and clause 7(3) introduced as a result. This will help to legitimise discriminatory attitudes.

Delegates then watched a video made by the BBC Panorama programme on the British Nationalist Party and it’s attempts to sanitise its image. The BNP are alleging that they are now community based, and motivated by ‘love’. Panoramas’ undercover cameras and tape recordings showed otherwise. They are simply trying to sell the party using pretty much the same ‘modern’ tactics as other political parties, by selecting ‘friendly’ key words to disarm people – in essence, using spin. The programme showed that the BNP has links with the Ku Klux Klan, still holds its violently racist attitudes and is allied closely with Nazi organisation Combat 18. They are preaching an anti-asylum seekers message, and although this did not come across in the programme, they are also homophobic. The BNP has won seats at elections, and racist attacks have increased in areas like Burnley and Blackpool. If they are not opposed, they will gain influence. Union Branches should be encouraged to affiliate to organisations like Searchlight and the Anti Nazi League, and members should be encouraged to use their vote at local elections.

Anne Hayfield from Lesbian And Gay Employment Rights (LAGER) then gave a talk on the work of this organisation. LAGER is an independent advice agency, which celebrated its 20th anniversary this year. The agency has seen many unpleasant cases during that time, including a gay man having a dead sheep thrown at him, and a lesbian who had cat food put in her pockets. Anne said LGB issues at work include – Recruitment, Conditions of Service, Harassment, Promotion, and References. In cases handled by LAGER, people had been beaten up at work, had abusive emails sent to them, and had received abusive letters and death threats. Anne said that there were persistent cases of gay men not getting promotion in the Civil Service, and that there were issues that were gender specific. For instance, gay men having to undergo Compulsory Medicals that include HIV tests, and having HIV assumed to be associated with any sick leave taken. Sexual offences were often used against employees, and Anne said how easy it was for a gay man to pick up an offence for having consensual sex. Lesbians suffered more from sexual harassment and being asked for sexual favours by heterosexual men. We then saw a video prepared by LAGER of some of the victims of harassment telling their stories, which I and many other delegates found very distressing to watch, as the individuals were clearly profoundly affected by their experiences. The video included the testimony of Shirley Pearce who was a schoolteacher harassed by children in her classes for over 5 years, and which the school did nothing to stop. Shirley’s’ case had reached the European Court earlier this year, but had lost because it had been taken under the Sex Discrimination Act, and the Court argued that a gay man would have been treated in the same way.

Anne then spent some time fielding questions around the new legislation, the effect of which we are not really going to know until case law becomes established.

PROUD Training officer, Jeff Grist, gave us a review of the years’ training events and outlined the coming years’ training for the many new faces amongst the delegates. We are also hoping to train up some more lay tutors to go out to Branches and create awareness of LGBT issues.

By now, it was late Saturday afternoon, and our last speaker for the day was Peter Tatchell. Peter had only just arrived and had time for a quick cup of tea, then gave a thoroughly engrossing talk for an hour and a half. He said the new employment rights for lesbians and gays are only part of the equation. Cultural values and institutions also need to change. Section 28 had been repealed by Royal Assent and was history – this is a success, but the situation now is not fantastic. There is no obligation on Local Authorities to address the LGBT community. A new legal obligation is required on Local Authorities to challenge homophobia. Local Authorities have a requirement to tackle racism, but not homophobia. Peter said this should apply to all areas of equality, including sexism and disablism. He said he found the response of M.P.’s interesting. They seem to be of the view that progress should be “One step at a time”, and that “We can’t keep doing gay and lesbian issues! What more do you want?!” They could equally say in the future, “You’ve had your chance!”

On Civil Partnership, Peter said that a register will help, but the proposed legislation lacks imagination. He described it as sexual apartheid, as opposite sex couples will be excluded, and that it was a form of marriage ‘light’ – a watered down version of marriage. But then again, would we want the same form of marriage as heterosexuals? Perhaps this is an opportunity to completely revamp that institution to create a totally inclusive form of union. A new system could be a more modern and flexible system where we could pick and choose the rights and responsibilities we wish to sign up to.

Peter described sex education in schools as dire. He said that although there had been some progress under Labour, children are still not getting the factual information that they need. Sex education pays lip service to LGB people, but no serious consideration is given. He said education doesn’t teach the mechanics of good sex. Relationships are probably the most important aspect of an individuals’ life, and yet we’re all illiterate in this area and often suffering misery and confusion as a result.

On Sexual Offences, Peter said apathy had taken over. Why weren’t we protesting in the streets? The new Sexual Offences Bill creates the specific new crime of child sex offences committed by children or young persons under the age of 18 with partners under 16. For the first time in British Law, all forms of consenting sexual behaviour between two people below the age of consent will be explicitly criminalized. Fifteen year olds who kiss and fondle each other behind the bike sheds will, under Clause 14, face a maximum sentence of five years imprisonment. According to Clause 8, the most trivial and innocent sexual contact with a person under 13 is punishable by up to 14 years jail. If both partners are under 13 they will not be exempt from potential prosecution. This legislation fails to distinguish between abusive relations and desired sexual behaviour between consenting couples.

Peter took questions from the floor and gave a lively debate all round. He stayed at the hotel for the rest of the evening, even attending the small ‘wedding ceremony’ between John Coote and Head of Equality Dept., Pat Campbell. But that’s another story…

Many delegates spent a pleasant evening in York’s only gay friendly pub, ‘The York Arms’, which is picturesquely situated below the Minster, before retiring to the hotel bar.

Sunday morning we spent mostly in workshops discussing the many issues that had arisen during the seminar. This was an excellent opportunity to gather into our regions and ‘bond’. And as the East Midlands had a fantastic turn out this year with some new faces along, ours was one of the largest groups, so we’ve plenty to be building on!

Kim Burridge from the Learning and Organising department was our last speaker. She told us that PCS is the fastest growing union in the UK with almost 300,000 members. PCS’s agenda now was to get people more active, and reflect the actual membership - gay, black, disabled and female. She said members of these groups are best placed to push issues forward, and added that PROUD has done an excellent job raising lesbian and gay issues in PCS, but we still need to do more. We need to recruit more people to spread our influence!

The seminar closed with a vote of thanks given by Debbie Hollingsworth to all those who had worked hard to organise the event.

This is an event well worth attending, and I would encourage any member who has yet to come along to a PROUD training session or seminar to do so. You will make many new friends!

Well, that’s all for now, so have a great Christmas break and I look forward to seeing you in the New Year!

Jude Jackson