NATIONAL LESBIAN AND GAY COMMITTEE REPORT TO THE 11TH
NATIONAL LESBIAN AND GAY CONFERENCE
CONSULTATION ON WHETHER THE UNISON LESBIAN AND GAY GROUP SHOULD
BECOME A LESBIAN, GAY BISEXUAL AND TRANSGENDER GROUP
TO LGBT OR NOT TO LGBT?
SUMMARY
Consultation within UNISON’s lesbian and gay group has made clear
that members want a debate at this year’s Lesbian and Gay Conference
on becoming a lesbian, gay, bisexual and transgender group. A majority
of members appear to be in favour of such a change. There are strongly
held views on both sides. The debate must be conducted in a respectful
manner.
INTRODUCTION
This report to the 11th National Lesbian and Gay Conference
gives information about the consultation undertaken this year by
the National Lesbian and Gay Committee on whether to extend the
remit of the self-organised group to include bisexual and transgender
members. The document summarises the consultation process; degree
of engagement; responses received; arguments that have been made
for and against change; and the resulting proposal put to conference
by the NLGC.
All this still represents only the beginning of a process. Questions
have been asked about how exactly we would go about making the change,
should it be agreed. This report – like the consultation itself
– does not seek to answer these questions. However, the NLGC recognises
that some assurance is needed that this will be properly addressed,
so has included a brief final section on the way ahead. It may be
possible to bring a further report to conference, with more detailed
proposals on this, though any proposals would be subject to consultation.
BACKGROUND
Since UNISON came into being in July 1993, the rules have allowed
for certain groups of members to ‘self-organise’ at branch, regional
and national level (Rule D.4). These groups are black members, disabled
members, lesbian and gay members and women members. There is no
‘test’ as to who qualifies for membership – how black, disabled
or gay you have to be! It is up to individual members to decide
whether they identify as part of that group.
The 10th UNISON Lesbian and Gay Conference debated a
proposal for a rule change, which would extend the lesbian and gay
group to include bisexual and transgender members. The proposal
was not carried. Much of the debate centred not on the proposal
itself but on the rights and wrongs of debating a rule change before
there had been full consultation and discussion of the issues within
the self-organised group. The National Lesbian and Gay Committee
therefore agreed to lead such a discussion and bring any proposals
to the 2003 Lesbian and Gay Conference.
The National Lesbian and Gay Committee had a full discussion about
the arguments for and against change at its Policy Weekend in mid
March. Representatives of eleven out of the thirteen regional lesbian
and gay groups and both the black and disabled lesbian and gay members
caucuses participated in this discussion.
Following this discussion, in April a consultation document was
circulated to regional lesbian and gay groups. This document set
out the legal framework; the timetable for consultation; the arguments
for and against change that the NLGC had identified; and sources
of further information on bisexual and transgender issues. The legal
framework and arguments for and against change are reproduced as
Appendix A to this report. The document made clear that the NLGC
also welcomed responses from branch groups and individual members.
It was recognised that some regional groups had already begun to
discuss the issues. However all groups were asked at that stage
to hold full discussions in order that they could feed back to the
NLGC by the 9 June. The consultation timetable is attached as Appendix
B.
The matter was also discussed at the regional lesbian and gay group
convenors day on 10 May.
RESPONSES FROM REGIONAL LESBIAN AND GAY GROUPS
Most regional lesbian and gay groups invited members on their mailing
list to a meeting at which the issue was discussed as the sole or
major item on the agenda. Many groups choose to circulate the NLGC
consultation document to all members on their mailing list and encouraged
comments from those unable to attend the meeting. Some groups had
more than one meeting. A number of regional groups invited bi or
trans people, or representatives from other union’s groups that
have already become LGBT groups, to assist them with their discussions.
Debates were reported as being lengthy and intense, with emotive
and complex issues being discussed.
Written responses – which were received from 12 out of the (then)
13 regional groups - varied greatly in formality, length and detail,
ranging from one sentence to many pages! This range (and informality
of some) makes it inappropriate to include the responses in full
and difficult to fairly summarise their contents. The following
table summarises their conclusions:
|
Broadly or strongly in favour of change to Lesbian, Gay,
Bisexual and Transgender Group
|
Eastern
Greater London
Northern
South East
South West
West Midlands
|
|
Majority in favour of change to Lesbian, Gay and Bisexual
Group
|
Yorkshire
|
|
On balance or strongly against change
|
East Midlands
North West
|
|
Members of the group evenly split between those in favour
of change to LGBT group and those in favour of no change
|
Cymru/Wales
Scotland
Southern
|
Many of the responses reiterated points made in the consultation
paper. Other points included:
‘There was a strong view that, if the change were made, then it
must be real, not just adding one or two letters [to the name].’
(Greater London)
‘Everyone agreed that it was important that there was a full and
informed debate at Conference.’ (Northern)
‘We hope that the debate at Conference this year will be a full
and frank one, but one within which all members feel able to express
their views and opinions in a constructive and acceptable way.’
(North West)
‘There were some reservations expressed about the organisational
and social/behavioural issues that may arise in the event of this
change but the group noted that the NLGC were committed to further
implementation consultation and were content to wait to make further
contributions at that point.’ (South East)
‘UNISON is a Trade Union and as such gives support to its members
but it is not a support group’ (South West)
PROPOSALS TO 11TH NATIONAL LESBIAN AND GAY CONFERENCE
The NLGC considered the responses from the regional lesbian and
gay groups at its meeting on 5 July. The NLGC recognised that there
is a range of feelings about the change and strongly held views,
both for and against. However, what came through was a strong expectation
and desire that there be a debate on this matter at this year’s
lesbian and gay conference.
The NLGC therefore agreed to submit the following motion for the
preliminary agenda proposing a change to a LGBT group:
Conference welcomes the comprehensive consultation exercise
on a possible extension of the lesbian and gay group to include
bisexual and transgender members and the report that has been
produced as result of that exercise.
This Conference believes the UNISON lesbian and gay self-organised
group should become a lesbian, gay, bisexual and transgender
self-organised group, and that the rules should be changed to
facilitate this.
Conference instructs the National Lesbian and Gay Committee to:
1. draw up practical proposals for the implementation of this
change;
2. to consult widely on these proposals;
3. actively encourage the involvement of bisexual and
transgender members in the consultation that takes place;
4. bring recommendations on changes to the group’s organisation
and structure for approval at the 12th UNISON Lesbian and
Gay Conference. ‘This Conference believes the UNISON lesbian
and gay self-organised group should become a lesbian, gay,
bisexual and transgender self-organised group.
Conference instructs the National Lesbian and Gay Committee
to draw up practical proposals for the implementation of this
change, to consult widely on these proposals, and bring recommendations
on changes to organisation and structures for approval at next
year’s conference.
In addition the NGLC will submit a proposal to Lesbian and Gay
Conference to change Rule D4.1.4, which defines the group, to go
forward to the 2004 National Delegate Conference (NDC). The NDC
is the supreme decision making body of UNISON, and is the only body
that can change the union’s rules. To fully effect the change, it
would be necessary to amend other rules as well. If Lesbian and
Gay Conference agree to the change, the NLGC will ask the NEC to
submit the other rule changes in the name of the NEC, as Lesbian
and Gay Conference may only put two proposals to each NDC.
In thinking this though, the NLGC has realised that the rules anyway
need amending to make explicit the whole union’s commitment to seek
to ensure equality for, and tackle discrimination against, transgender
people, whether or not the lesbian and gay group becomes a lesbian,
gay, bisexual and transgender group. The NLGC will raise this with
the NEC.
CONDUCTING THE DEBATE AT CONFERENCE
To provide for informal discussion of the issues prior to the formal
debate on the motions, the NLGC has requested that the Standing
Order Committee timetable the debate for Sunday morning. This will
give the opportunity to discuss more informally during the discussion
groups on the Saturday afternoon, and there can be some debate in
regional and service group meetings, as well as around conference.
It is important that everyone feels able to participate in this
debate, whatever their experience of the issues or views on the
preferred outcome. However, it is of paramount importance that the
debate is conducted respectfully and in accordance with UNISON’s
rules on equality of treatment and anti-discrimination. There is
a vital distinction between strongly held personal views and prejudiced
views. Sometimes it may seem as though there is a fine line between
these two, but it is vital that we stay the right side of that line.
The Conference Guide will, as usual, include guidelines on working
together which every person at conference is expected to follow
at all times.
THE WAY AHEAD
If the motion is carried at Conference, the NLGC will draw up practical
proposals for discussion on the organisational and structural changes
that will be needed to make the transition from a lesbian and gay
group to a lesbian, gay, bisexual and transgender group. The NLGC
realises that in order to be meaningful, the change must be much
more than in name and who is entitled to membership.
As well, as consultation within our group, we will speak to other
trade unions and organisations which organise as LGBT groups. It
will also obviously be vital to find ways to involve bisexual and
transgender members in the discussions.
APPENDIX A
EXTRACT FROM CONSULTATION PAPER
LEGAL FRAMEWORK
As we start these discussions, it is important to be clear about
the legal framework in which UNISON operates. We cannot choose structures
that would be unlawful. Anti-discrimination employment legislation
applies to unions as well as employers. Legislation allows for positive
action to address disadvantage, which is why it is lawful for the
union to provide opportunities and facilities for certain groups
of members, such as lesbian and gay members. However, the union
must provide such opportunities and facilities without discriminating
on any other ground. For example, the lesbian and gay group must
be open to ALL lesbian and gay members, irrespective of their gender
identity (transgender status).
To put this more plainly, transgender members who identify as lesbian
or gay are welcome to participate in the lesbian and gay group.
A small number of lesbian and gay transgender members have been
active members of the group since UNISON started.
This consultation is about whether to extend the group to include
ALL transgender members, not just those who identify as lesbian
or gay.
ARGUMENTS FOR STAYING AS A LESBIAN AND GAY GROUP
What follows are not necessarily all or even the best arguments
for staying as a UNISON lesbian and gay group. But these are some
of the arguments that the NLGC has identified which may help discussions.
- The group works well as it is, so there is no need for change
When UNISON came into being ten years ago, it was agreed to form
a self-organised group for lesbian and gay members. Nothing has
changed since then that calls that decision into question. If
it was right that it was a lesbian and gay group then, it is right
that it is a lesbian and gay group now.
- Some transgender people don’t want to work with lesbians
and gay men
One of the ignorant attitudes transgender people have to face
is people making assumptions about their sexual orientation. Transgender
people may be lesbian, gay, bisexual, straight, or in a period
of questioning their sexuality, just like every other human being.
Some transgender people who identify as straight do not want to
organise with lesbians and gay men.
- Bisexual and transgender members could set up their own self-organised
groups
We recognise the benefits of self-organisation in tackling discrimination
but believe that – just as lesbians and gay men have done – bisexual
and transgender members should set up their own groups. The very
nature of self-organisation is that members of a particular self-organised
group share the same oppression.
- Lesbian, gay and bisexual workers face discrimination because
of their sexual orientation. Transgender workers face discrimination
because of their gender identity. These are not the same.
There is widespread confusion amongst the general public about
the difference between sexual orientation and gender identity.
Changing to an LGBT group would reinforce this confusion. The
law recognises the difference – protection for transgender workers
is under the Sex Discrimination Act, an Act which has never been
successfully used to tackle sexual orientation discrimination.
Transgender workers have been protected by the law (albeit to
a limited extent) since 1999. Protection on grounds of sexual
orientation will not come into force till December of this year.
- A European Court of Human Rights ruling means the UK will
be forced to change the remaining laws which discriminate against
transgender people
Lesbians and gay men continue to face discrimination under the
law in many areas of our lives. Lawful discrimination against
transgender people will soon be a thing of the past. This makes
a fundamental difference between work in the two areas.
- Extending the group will mean our work loses its focus and
effectiveness
The lesbian and gay group is already stretched by the number
of issues we have to deal with. We have a great challenge in building
effective lesbian and gay organisation at branch and regional
level; we want to reach isolated members; we need to have more
impact on the bargaining agenda; we need to address issues of
under-representation within our group, such as improving involvement
of lesbians, and of low paid and part-time workers; we want to
ensure all UNISON representatives understand our issues and that
lesbians and gay men are represented in all parts of the union.
We are campaigning against Section 28, against the long-term repercussions
of discriminatory sexual offences legislation, for equal pensions,
for comprehensive anti-discrimination laws, for effective statutory
promotion and enforcement bodies – the list goes on. Taking on
two whole new groups of members and their issues would stretch
our limited resources to breaking point.
- Extending the group would risk losing the sense of it being
a safe space
One of the benefits of the lesbian and gay group is that people
can do at least some of their union work in a group of people
with the same experience of discrimination. This means we do not
have to constantly explain ourselves or be on our guard against
others’ ignorant attitudes. This makes the group a safe space
for lesbians and gay men experiencing discrimination at work to
come for help. Some may have already had a bad experience with
other UNISON members. Extending the group would jeopardise this.
- It would make our organisation so complex as to be unworkable
Our group already has caucuses for lesbians, gay men, black lesbians
and gay men and disabled lesbians and gay men. If we extend the
group to include bisexual and transgender members, the need to
provide for proper representation of them as well would make the
structures unwieldy if not unworkable.
- If we extend the group to an LGBT group now – where would
it end?
ARGUMENTS FOR CHANGE
What follows are not necessarily all or even the best arguments
for changing to a UNISON lesbian, gay, bisexual and transgender
(LGBT) group. But these are some of the arguments that the NLGC
has identified which may help discussions.
- Extending the group is the right thing to do
No one disputes the fact the bisexual and transgender workers
face prejudice, harassment and discrimination in the workplace.
We believe that self-organisation plays a key role in tackling
discrimination. Bisexual and transgender members should have access
to self-organisation - the only group that can offer this is the
lesbian and gay group.
- Bisexual and transgender members want the lesbian and gay
group to become a lesbian, gay, bisexual and transgender group
This may not be the view of all bisexual and transgender members,
but many have expressed this view over the years.
- Bisexual members and transgender members will never be able
to form their own self-organised groups as the numbers are just
too small
Nobody knows how many bisexual people there are. What we do know
is that bisexual groups are very small and few in number compared
to lesbian and gay groups. The transgender group Press for Change
estimates that about 5000 people in the UK have changed gender
in the last 30-40 years. And even if bisexual or transgender members
were able to get together to lobby for their own group, UNISON
would be extremely unlikely to agree the principle of new self-organised
groups for these members, let alone the necessary resources.
- The laws may be different but workplace issues facing lesbian
and gay, bisexual and transgender members have enormous overlaps
Being lesbian or gay and being bisexual are not the same. Indeed
the experience of being a lesbian worker is not the same as being
a gay worker. But in terms of the employment discrimination these
groups face because of their sexual orientation, the similarities
far outnumber the differences.
Transgender workers face discrimination because of their gender
identity, which is not the same as their sexual orientation. But
there are enormous overlaps in the manifestation of this discrimination.
Few of those who harass and abuse lesbian, gay, bisexual or transgender
workers stop to ask themselves whether they find the person so
unacceptable as a colleague on grounds of their sexual orientation
or on grounds of their gender identity. What fuels their abuse
is fear and ignorance of anything that challenges their security
about what ‘real’ men and women should be like – ie dressing a
certain way, acting a certain way, with appropriately feminine
or manly body language, and having sex with people of the opposite
sex only.
LGBT workers all face issues of outing and confidentiality, non-recognition
of our families, a wall of silence or intrusive questioning about
our private lives, prejudice about our suitability to work with
vulnerable people, discrimination in recruitment and promotion,
pensions provision – the list goes on.
- The fact that some of the ways the law discriminates against
transgender people may be changing does not mean that discrimination
will end
Decades of sex and race legislation have not made discrimination
go away. And the proposed changes – while welcome – are unlikely
to cover all transgender people, just those who have undergone
surgery.
- UNISON is increasingly out of step on this issue
Most other unions, the TUC, ILGA and the wider community, now
organise as LGB or LGBT groups. Many bodies (including the TUC)
have changed over the last few years. The groups that have made
this change have not found it has damaged their focus or effectiveness.
Rather, it has added to their reach and authority.
- Fears about losing a safe space are unfounded
Such fears demonstrate an unrealistic idea of what we have now.
The UNISON lesbian and gay group is already a very diverse group
and already has the need and the ability to welcome difference
(be that of gender, political opinion, race, disability, age,
class, occupation or whatever) and to tackle prejudice and discrimination
between members of the group. We should also remember that we
are a trade union, not a support group.
- Fears that change will make our organisation impossibly complicated
are unfounded
If the principle of change is agreed, we can then work out how
to reflect this in our structures and organisation. Other groups
have managed this – we can work it out.
- We don’t all use the same labels to describe our sexual orientation,
and some of us use different labels at different times in our
lives
Although many lesbian, gay and bisexual people are very clear
about how they describe themselves, others find the labels set
up artificial barriers. This may be particularly true for people
outside the metropolitan centres. Some regional groups say people
find it ‘easier’ to identify as bisexual than lesbian/gay, particularly
when they first come out.
- There is nothing to fear from change!
Appendix B
TIMETABLE
|
14-16 March
|
National Lesbian and Gay Committee Policy Weekend agrees
its view of the main arguments for and against change
|
|
1 April
|
Consultation circulated to regional lesbian and gay groups
|
|
10 May
|
Discussion at regional convenors day
|
|
9 June
|
Deadline for responses from regional groups
|
|
5 July
|
NLGC considers responses and agrees any proposals to Lesbian
and Gay Conference
|
|
1 August
|
Deadline for motions to Lesbian and Gay Conference
|
|
26 September
|
Deadline for proposals for rule changes to be submitted to
National Delegate Conference from Lesbian and Gay Conference
|
|
28-30 November
|
11th National Lesbian and Gay Conference
|
top
|
Scotland's
public service union
|
