CHAPTER TWO: CONTEXTUAL REVIEW
2.1 This review sets the research in context. In particular, it sets out the legislative context and considers the existing information which is available on local authority policy and practice in relation to sexual orientation and gender identity. Because information on local authority policy and practice in relation to sexual orientation and gender identity is relatively limited, we have included some general references and have also looked for lessons that can be learnt from the development of local authority policy and practice in other areas of equal opportunities both within and outwith Scotland. This section is not intended to be a definitive literature review and in relation to the legislative context, the aim is to provide a description of the main legislative context for councils.
LEGISLATIVE CONTEXT FOR SCOTTISH LOCAL AUTHORITIES
2.2 Legislating for equal opportunities is a reserved matter for the UK Parliament but the encouragement of equal opportunities is devolved to the Scottish Parliament. Also devolved to the Scottish Parliament is the power to place duties on public authorities to ensure that they conduct their functions with due regard to meeting the requirements of the Westminster equal opportunities legislation. The Scottish Parliament has adopted the promotion of equal opportunities for all, as one of its four key principles. The Scotland Act 1998 defines equal opportunities in terms of the prevention or elimination of discrimination between persons on grounds of sex or marital status, on racial grounds or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes including beliefs or opinions such as religious beliefs or political opinions. This definition is wider than in other UK legislation and, together with the devolution of the power to encourage equal opportunities, has created a situation where the Scottish Parliament can direct other bodies to take positive actions to implement equal opportunities as part of legislation which it enacts through its devolved powers, for example, in local government, health, housing and the regulation of care.
2.3 The Human Rights Act 1998 imposes the terms of the European Convention of Human Rights ( ECHR) on all public bodies in the UK. Several articles of the ECHR impact on the rights of LGBT people, of which the most significant are Article 8 (the right to respect for private and family life) and Article 14 (prohibition of discrimination). The most recent legislation which has been enacted to support LGBT people in the United Kingdom has, in part, been driven by the European legislative and judicial context.
2.4 For example, the Sex Discrimination (Gender Reassignment) Regulations were introduced in 1999 following a judgement of the European Court of Justice. The Government is obliged, under European Union law, to implement these changes as soon as possible. The regulations state that it is illegal to discriminate against or harass people in employment and vocational training on grounds of gender reassignment.
2.5 The Employment Equality (Sexual Orientation) Regulations 2003 were introduced in the UK as a consequence of the implementation of the European Union's Employment Framework Directive and the regulations outlaw discrimination or harassment on grounds of sexual orientation in relation to employment and vocational training .
2.6 The Gender Recognition Act 2004 was passed by the UK Parliament following two judgments made by the European Court of Human Rights in 2002. The Court found that the United Kingdom had breached the ECHR rights of two transsexual people under Article 8 (right to respect for private life) and Article 12 (right to marry). The Act enables transsexual people who have taken decisive steps to live fully and permanently in their acquired gender to apply for legal recognition of that gender.
2.7 The Civil Partnership Act 2004 received Royal Assent on 18 November 2004. The Act will come into force in December 2005. It creates the new legal relationship of civil partnership, which two people of the same sex can form by signing a registration document.
2.8 The rights and responsibilities which flow from forming a civil partnership are essentially the same as marriage. Provisions in the Act include:
- a duty to provide reasonable maintenance for a civil partner and any children of the family
- civil partners to be assessed in the same way as spouses for child support
- equitable treatment for the purposes of life assurance
- employment and pension benefits
- recognition under intestacy rules
- access to fatal accidents compensation
- protection from domestic violence; and
- recognition for immigration and nationality purposes
2.9 A number of other pieces of Scottish legislation have been amended to provide cohabiting same-sex couples (that is those who have not registered a civil partnership), parity of treatment, for example in relation to succession of a tenancy and for protection from domestic abuse.
2.10 The Local Government in Scotland Act 2003 requires councils to encourage equal opportunities, as broadly defined in the Scotland Act, when undertaking their community planning responsibilities, Best Value duties and exercising the power of 'well being'. The duty to encourage equal opportunities as part of a council's management of Best Value has wide ranging implications for every council service. The Act also removes the earlier restriction on considering 'non commercial' matters as part of the tender evaluation process prior to the award of contracts, for example, in relation to employment or equal opportunity policies. This provides councils with a mechanism to encourage their contractors and service providers to implement positive equalities policies.
2.11 Councils in Scotland, therefore, have a defined legislative requirement to encourage equal opportunities, including LGBT equalities, in community planning, service provision, employment practices and, if it so wishes, a council could also require its contractors and service providers to develop or implement equal opportunities in their policies.
2.12 However, there is at present no legislative requirement to monitor the sexual orientation of a council's workforce as there is with ethnicity. The Race Relations (Amendment) Act 2000 required workforce monitoring in relation to ethnicity to be implemented by 2003. The terms of this act also require councils to have in place a Race Equality Strategy and to promote race equality. The Disability Discrimination Act 2005 extends similar requirements to disability (from December 2006) while the Equality Bill currently before the UK Parliament will, if passed, extend the requirements to gender.
2.13 In 2002, the UK Government issued a consultation paper which proposed the creation of a single equalities body to take over the responsibilities of the existing Commission for Racial Equality, Equal Opportunities Commission and the Disability Rights Commission and to take account of the need to comply with the European legislative framework to expand equalities to include sexual orientation, religion and belief and age. The proposal recommended a new single body rather than creating additional commissions to join those already in place to deal with gender, equalities, race and disability. In the same year, the Scottish Executive issued a consultation paper seeking views on the establishment of a Scottish Human Rights Commission. Subsequently, the UK Government has extended its equality proposals to cover human rights and the Equality Bill currently before the UK Parliament will establish a UK wide Commission for Equality and Human Rights ( CEHR). The Scottish Executive is committed to legislating shortly to establish a Scottish Human Rights Commission. In Scotland, the CEHR is expected to deal with human rights as they relate to reserved matters, while human rights as they relate to devolved matters will be dealt with by the Scottish Human Rights Commission. Both Commissions are expected to start operating in 2007, and will have a key role in supporting and monitoring the equality and human rights performance of councils in Scotland.
2.14 In 2005, the UK Parliament established a Discrimination Law Review, to make recommendations during 2006 for a 'single equality act' which would harmonise equality legislation across the equality strands of age, disability, gender, gender reassignment, race, religion/belief and sexual orientation. The Government is committed to the introduction of such an act before the next general election. A single equality act would be likely to extend the current duties on public bodies to promote equality including those covering sexual orientation and gender reassignment.
2.15 In June 2000, the Scottish Parliament repealed section 2A (more widely known as clause 28) of the Local Government Act 1986. This section stated that councils should not intentionally promote or publish material to promote homosexuality or promote the teaching of the acceptability of homosexuality as 'a pretended family relationship'. The repeal removed the legal barrier which could have constrained how some councils approached dealing with sexual orientation in schools and the provision of wider support to LGBT people.
GUIDANCE TO LOCAL AUTHORITIES FROM COSLA
2.16 In 2003 the Convention of Scottish Local Authorities ( CoSLA) produced Guidance on Equalities, Best Value, Community Planning and Power of Wellbeing to assist councils to mainstream equal opportunities within the new statutory framework. The guidance is also relevant for other public bodies who are required to implement Best Value, or who are involved in the community planning process and have obligations placed on them by equal opportunities legislation. 1
2.17 For the mainstreaming of equalities within the Best Value framework CoSLA make the following recommendations:
- Councils should ensure that there is top-level commitment at both elected member and officer level to mainstreaming equalities
- Councils should ensure that equalities issues are reflected in their strategic objectives and highlighted within service plans
- Councils should ensure that, in formulating policy, in setting service standards and targets, and in reviewing services, the whole community is consulted
- Councils should ensure that equalities performance measures and targets are identified to measure their performance in the delivery of equal opportunities and are reported to the public through public performance reporting
- Councils should identify gaps in information on take-up of services and employment particularly in relation to gender, race/ethnicity and disability, and prepare an action plan over a realistic timescale to fill those gaps
- Councils should ensure when undertaking service reviews that they take account of equalities issues and assess the equalities impact of policy proposals
- Councils should ensure that the scrutiny of performance in relation to Best Value includes mechanisms for the internal/external scrutiny of the delivery of equality objectives
- Councils should ensure that equality requirements are taken into account in their procurement strategy
- Councils should ensure that their employment policies are fully in line with their commitment to equal opportunities and that a training strategy is put in place to support the mainstreaming of equalities across all their activities 2
2.18 The guidance comments that, as the community planning process should lead to a more equitable, just and inclusive society, encouraging equal opportunities must be an important objective of the process. The guidance recommends that those involved in the community planning process should:
- Identify what action they are going to take to encourage equal opportunities
- Assess all policy proposals in terms of their impact on equalities
- Engage with equalities groups as part of the process
- Build up their own capacity and the capacity of community bodies/ equalities groups to participate fully in the process
- Share information on the needs and circumstances of equalities groups
- Monitor and evaluate their performance in relation to the encouragement of equal opportunities
- Report on their performance through the Public Performance Reporting Framework
2.19 The CoSLA guidance states that
"as equalities issues form an essential part of a community's sense of well-being, it is essential that the new power of well-being is exercised in a manner which encourages equal opportunities" ( CoSLA, 2003)
and recommends that Councils should assess all proposals for the use of the power to advance well-being in terms of their impact on equalities.
SCOTTISH RESEARCH
Scottish Executive
Sexual orientation research
2.20 This study is the third phase of Scottish Executive research into sexual orientation policy and practice in Scotland. Phases 1 and 2 were published in 2003. Phase 1 is a review of methodological approaches and explored the existence of and need for data on sexual orientation. 3 The report highlights the general lack of information on sexual orientation issues in Scotland. It also notes that existing research tends to exclude sections of Scotland's LGBT community. The report shows that research on many issues has tended to be biased towards younger male respondents in urban areas.
"The access issues for transgender people, lesbians and bisexual women, ethnic minority people, people with disabilities, younger and older respondents, and those living in rural areas all need to be tackled." (National Centre for Social Research, 2003)
2.21 The report also notes the historic absence of information relating specifically to Scotland, although it commented that this was beginning to improve. It was also stated that there was a lack of baseline information on transgender people across all areas of research.
2.22 Phase 2 of the research considers the future of sexual orientation research, drawing on the views of representatives from LGBT organisations. This consultation generated a broad research agenda relating to many areas of public policy including education, partnership rights, crime, employment, youth, parenting, health, transgender issues, rural issues and multiple disadvantage. The topics which were suggested reflect an aspiration for policy change in these areas.
2.23 The report found that the involvement of LGBT people in the establishment of the research agenda is essential and should be continual. It also found that participants think research has a key role to play in LGBT community development and should be better supported:
"research is seen as an important way of providing irrefutable evidence or proof to convince policy makers, funders and service providers why change is needed and how it should happen." (National Centre for Social Research, 2003)
2.24 The report also found that independence, objectivity and sensitivity are considered crucial to the effectiveness of LGBT research and that the fear of homophobia or transphobia and a legacy of exclusion are key barriers which need to be overcome in encouraging LGBT people to participate in research.
2.25 The Phase 2 research concludes that there is a clear need for better harmonisation and coordination of future research both within and outwith Government and that there should be more effective dissemination of research to individuals, community organisations, service providers, funders and policy makers.
First Out
2.26 First Out is the report of the Beyond Barriers survey into the needs, experiences and concerns of LGBT people in Scotland. This research was the first of its kind in Scotland and provided qualitative and quantitative data in a range of key areas, including parenting, hate crimes and health. The research involved nearly 1,000 LGBT people from across Scotland. 4
2.27 The report concluded that more work was needed with the general population to encourage a greater understanding, acceptance and integration of LGBT people into the community and that there was a particular need to address issues of discrimination (real or perceived) with health and financial professionals. 4
2.28 Among its other conclusions and recommendations, the report stated that there was strong support for the registration of civil partnerships; there is a need for the wider community to be more accepting, but that this is also true of the LGBT community which can be seen to be exclusive to some LGBT people; gay men are better served with information and services, and that lesbian, transgender and bisexual people should be more effectively targeted with information and services. A web-based directory of LGBT groups and services would be welcomed, research with LGBT people should be better disseminated and duplication should be minimised to avoid respondent fatigue. It is considered critical that action be taken on any findings. Issues which people would like to see researched include bullying at work/school, discrimination and funding for LGBT organisations.
Attitudes to Discrimination in Scotland
2.29 In 2002 a national study into the attitudes of the Scottish population towards discrimination was carried out, focussing on discrimination in relation to gender, ethnicity, disability and sexual orientation. The report, Attitudes to Discrimination in Scotland (2003), found while most people in Scotland (68%) think that the country should get rid of all forms of prejudice, 26% think that there are sometimes good reasons to be prejudiced. Some groups are thought to experience more prejudice than others and 49% of people in Scotland think that there is a great deal of prejudice against gay men and lesbians. The findings also state that discriminatory attitudes are more likely to be expressed in respect of gay men and lesbians and minority ethnic groups than in respect of disabled people or women. 5
2.30 Discriminatory attitudes are least likely to be expressed by those who are educationally well qualified and most likely to be expressed by those aged 65 and over.
2.31 The study found the following attitudes towards gay men and lesbians:
- 19% of people think that attempts to give equal opportunities to gay men and lesbians in Scotland gone "too far"
- 18% of people would prefer an MSP who is not openly gay or lesbian, leaving aside what party there were in
- 41% of people think it is "always/mostly wrong" for two men to have a sexual relationship
- 27% of people think that gay men and lesbians are "fairly" or " very unsuitable" for the job of primary school teacher
- 30% of people "disagree" that gay or lesbian couples should have the right to marry one another
- 39% of people "disagree" that a gay male couple are just as capable of being good parents as a man and a woman
- 60% of people think that it is a "waste of money" for local councils to give money to organisations and groups in their area which offer support to gay men and lesbians
The INCLUSION project
2.32 The INCLUSION project is a partnership between Stonewall Scotland and the Scottish Executive Health Department ( SEHD) which was established in 2002 and works to identify the support required by local NHS services to meet the needs of individuals from LGBT communities. Following base line research, Towards a Healthier LGBT Scotland (2003) was published. The report explains why LGBT people have particular health needs and considers gaps, activities and initial recommendations that will be of use to health workers, policy makers and the LGBT population. 6
2.33 The report finds that LGBT people face significant problems relating to their mental and physical health. It states that discrimination and social exclusion are major causes of ill health for people in LGBT communities. The report raises concerns that the health of LGBT people is largely ignored and that LGBT people face discrimination when accessing NHS services.
2.34 Towards a Healthier LGBT Scotland reports on the current levels of discriminatory attitudes towards LGBT people in Scotland and provides evidence of how these issues impact on the health of LGBT people.
2.35 The report looks at what NHS Boards across Scotland were doing to address the health of LGBT people and the role that LGBT organisations have in addressing the social factors which impact on LGBT people's health. It makes recommendations under the headings:
- Challenging discriminatory attitudes towards LGBT people in Scotland;
- Improving accessibility and appropriateness of mainstream services; and
- Developing and supporting specialist services.
2.36 It concludes that if the problems that LGBT people face are to be addressed, it is crucial that all agencies work together to tackle the root causes of LGBT health inequalities: homophobia, transphobia, heterosexism and social exclusion.
2.37 The Inclusion Project conducted demonstration activities with five NHS health boards to identify how to respond effectively to the issues identified in Towards a Healthier Scotland. The demonstration work focused on:
- Knowledge, awareness and attitudes of LGBT issues and their relevance to health and service delivery
- LGBT impact assessment of policies and practice
- Consideration of specialist LGBT provision
- Human resource issues in relation to the Employment Equality (Sexual Orientation) Regulations 2003
The process has engaged with over 200 GPs and health service workers from a range of disciplines.
2.38 In 2005, Fair for All - The Wider Challenge - Good LGBT Practice in the NHS7, was published. It provides information, case studies, examples of good practice and real experiences of LGBT people. The guidance is primarily aimed at NHS employees with responsibility for developing policy and planning and for those with a specific remit for equality and diversity, patient focus and public involvement, organisational development, human resources and training. It provides guidance on engaging with LGBT individuals and organisations, training, effective monitoring and transgender good practice.
2.39 As part of the developing Equality and Diversity Approach for the NHS in Scotland, an Equality and Diversity Impact Assessment Toolkit8 was designed and launched in 2005. Its purpose was to assist managers within the Scottish Executive Health Department ( SEHD) and Scotland's NHS Boards to scrutinise and, if necessary, modernise their policies and functions in order to reflect the spirit of the current equalities legislative framework.
2.40 The Toolkit is a strategic document for SEHD and NHS Scotland. It is intended to assist the consideration of equality and diversity issues when health policies and services are being designed, developed or delivered.
2.41 It looks at the legislative and policy framework and highlights how equality and diversity should form part of the wider agenda for cultural change.
2.42 Its purpose is to improve the way policies and functions are developed by making sure there is no discrimination involved and that, wherever possible, equality is promoted and diversity celebrated.
2.43 It is designed to help protect the rights of any group or community that could, for whatever reason, be disadvantaged or discriminated against.
The Housing and Support Needs of Older LGBT People
2.44 In June 2004, ODS, working in partnership with Stonewall Scotland, were commissioned by Communities Scotland, Age Concern Scotland and the Equality Network to undertake research into the housing and support needs of older Lesbian, Gay, Bisexual and Transgender ( LGBT) people; and to develop good practice guidance for the providers and users of housing and support services. For the purposes of the research, older people were considered to be those over 45 years old.
2.45 The main findings of this study were:
- The majority of people were content with their current housing circumstances
- Harassment in the home and neighbourhood was a problem for a significant minority of people, with a number having had to move home to avoid harassment
- There was a clear feeling that most services for older LGBT people should be delivered through accessible mainstream services, rather than specialist provision
- The one exception to this was residential care and sheltered accommodation, with many people - particularly women - desiring either lesbian only or LGBT only accommodation with support
- Almost half of all participants felt they may experience barriers in the future in accessing quality services - particularly residential care - due to age, financial constraints, gender identity or sexual orientation
- There was a clear preference for support and care to be provided at home for as long as possible
- Sexual orientation and gender identity were generally seen as less of a barrier to accessing services than age and financial considerations
- While those with finance available were confident that they could purchase home care services which would meet their needs, those relying on local authority or voluntary services were less confident, believing that lack of money meant that choice was restricted
- Many did feel that sexual orientation or gender identity could be a barrier to quality service provision, due to the assumptions of service providers and a lack of awareness and training
- The quality of service delivered was perceived to depend very much upon the staff and individuals delivering the service
- People believed that sexual orientation and gender identity issues were often ignored in policies and in equalities training which led to a lack of consistency in service delivery
- A number of people also highlighted that they did not know what services were available in their local area, and what to expect when they accessed these services 9
2.46 Arising from the research, good practice guidance was produced 10 for housing and support providers and information on housing options was published for older LGBT people 11.
ENGLISH RESEARCH
Equality and Diversity in Local Government in England
2.47 Equality and Diversity in Local Government in England12 is a research project which was commissioned by the Office of the Deputy Prime Minister ( ODPM) in order to support equality and diversity in local government. The study looks at how local authorities in England have addressed equality and diversity issues in three core areas of their work:
- Representation, participation and leadership
- Structures, committee organisation and staff
- Service procurement, delivery and impact
2.48 The study aimed to generate baseline information about equality and diversity practice in local authorities, and to begin to explore what seems to be working in each of the three areas of work, and why.
2.49 The report found that there was disparity in practice across England's councils and that there is a tendency to equate diversity primarily with issues of race. It states,
"Whilst gender and disability were also considered important issues by some councils, age, sexuality and religion received markedly less attention. Overall there is a perception that some aspects of diversity may be easier to tackle than others: for example, physical access to buildings for people with disabilities seems to be regarded as less contentious than race issues. Councils also report that the legal requirements relating to race, and to some extent disability, channel efforts towards these issues, often at the expense of a broader approach to equality and diversity."( OPM, 2003)
2.50 The study found that the councillors in England are not viewed as representative of the diverse society which make up the communities that they serve. The authors note some positive steps have been taken to overcome this problem, such as councils offering contributions towards childcare to encourage a broader range of people to participate and mentoring schemes to support new councillors. It also reports that while a broader pool of elected councillors is viewed as important, effective community leadership requires more than elected representation of particular groups.
2.51 The report found support for greater community engagement from councils and a need for more collaboration between elected members and officials on issues of diversity. The study found that community engagement techniques varied across the local authorities which were looked at - methods tended to be 'ad hoc' and' passive' and are more about the exchange of information than creating opportunities for meaningful involvement in on-going decision-making.
2.52 The report recommends that councils adopt a more strategic approach to community engagement and draw on practical advice from equality groups and organisations, to improve practice on 'newer' issues of diversity, such as age, sexual orientation and race.
2.53 The study calls for greater help for local authorities with community engagement as well as greater inspection, regulation and sanctions in the areas of equality and diversity. It states:
"Further work is needed to explore whether equality and diversity can be better integrated into mainstream service provision by including specific and measurable targets within established inspection regimes (and integrating diversity issues across inspection regimes). Targets need to focus much more specifically on outcomes and impact for local people." ( OPM, 2003)
2.54 The report notes many instances of effective practice in relation to staff recruitment, training and development in relation to equalities issues generally. However, there is an absence of a strategic, co-ordinated and corporate approach to equality and diversity. The report finds many councils clearly lack a shared understanding of equality and diversity issues. It recommends stronger leadership from chief executives, senior teams and leaders, who should champion these issues within the organisation. Additional and, possibly, new types of training - either individually, or through action learning sets where senior staff and leaders can share best practice - need to be considered.
2.55 The report cites a number of opportunities to improve local authority practice in relation to equality and diversity. These include the growing awareness of England's diverse population and mounting pressure on councils to respond to increasing diversification in terms of both staffing and service provision.
"There is recognition, even among councils whose practices are not yet fully developed, that a 'public service business case' exists alongside a moral responsibility to promote equality and diversity." ( OPM, 2003)
2.56 Other opportunities include developments in the legislative framework, the agenda for modernisation and continuing service improvement. The neighbourhood renewal agenda and the new focus on community planning also highlight the importance of community consultation and engagement.
2.57 The report finds that several barriers to progress still remain.
" Changes in attitudes and behaviour do not appear to be as far-reaching or consistent as might be expected, given how long many equality and diversity issues have been on the agenda." ( OPM, 2003)
2.58 Another obstacle is the lack of development and dissemination by some councils of the shared corporate understanding of equality and diversity that would reflect the current guidance and legislation:
"In some cases, a climate of fear or uncertainty surrounds these issues and this seems to be preventing councils from addressing them effectively." ( OPM, 2003)
2.59 It is stated that there is an absence of credible sanctions for poor performance and non-compliance with legislation which leads to a lack of urgency: real progress tends to depend on personal conviction and the commitment of particular individuals. The report states that there is scope for central government to clarify its expectations of local government in respect of equality and diversity.
The Needs of LGBT People in Rotherham
2.60 There have been few local research projects into policy and practice in relation to equality and diversification for LGBT people. However, one example carried out in England is Rotherham Metropolitan Borough Council's Research into the Needs of Lesbian, Gay, Bisexual and Transgender People in Rotherham (2004) which considers the requirements of LGBT people who live in, work in, or visit the city. 13
2.61 The study looked at the existing research involving LGBT people conducted in the local area; the LGBT services that are currently on offer; summarised the activities in other Local Authorities, and involved local LGBT people in consultation.
2.62 Among its findings the report notes the lack of services, facilities, venues, policies and procedures for LGBT people. This was true especially for people over 25 years and also transgender people of all ages. Many LGBT people did not feel that their needs were considered or accepted by service providers. There has been a lack of consultation with LGBT people and they feel that their views have been overlooked. The study finds that LGBT people are an economic asset to the Borough as they are largely in employment. However, due to the lack of LGBT facilities and venues, there is an economic outflow when LGBT people travel to other areas for socialising and spending.
2.63 The report found that LGBT people often form long lasting relationships that are currently unrecognised by the statutory bodies. (The research was undertaken before the Civil Partnership Act came into force). There is no recognisable LGBT community in Rotherham due to many factors, including the lack of services, facilities and venues, and also the fear of prejudice, violence and discrimination. The report states that homophobic crime is under reported and most LGBT people have experienced some form of discrimination. There is a general distrust of the support agencies and the fear of violence and harassment is a primary concern for many LGBT people.
2.64 Some of the recommendations that the research made were:
- Continued consultation and mainstreaming to ensure that the requirements of LGBT people are considered in all developments in Rotherham in future
- A specific policy or strategy should be developed that specifically addresses the needs of LGBT people including: total inclusion, health, economic development, business and employment, safety, housing, families, culture and life-long learning and education
- Good practice should be developed and shared both nationally and locally with neighbouring boroughs
- A full-time LGBT support worker should be employed with the specific duties to provide a centralised contact point; facilitate and co-ordinate LGBT events and activities; manage and commission continued consultation and research activities; actively promote and draft LGBT policies and procedures; co-ordinate and manage awareness campaigns; and provide a mediating point and sign-posting service
- Raising the awareness of the needs and requirements of LGBT people should be conducted through five specific areas: a) Raising awareness amongst the general public; b) Raising awareness amongst staff of all public agencies; c) Raising awareness amongst the leaders of all public agencies; d) Promoting good practice in employment through leading by example; e) Awareness raising amongst LGBT people. The support for LGBT people and for these campaigns should be made public through a launch or other promotional activity
- Develop an LGBT committee/steering group made up of both workers and interested LGBT people to provide guidance and governance over the dedicated LGBT support worker position and offer support and comment on the activities and actions of the service agencies
- Promote the reporting of homophobic crime with all partners actively engaged in tackling hate crimes
In Summary
2.65 The legal framework relating to sexual orientation and gender identity has developed but not as fully as for race and disability. There is an overlap in aspects of the relationship between Westminster's power to legislate on equal opportunities and the Scottish Parliament's role to promote equal opportunities, particularly when this is extended as a duty which Scottish public bodies must observe. There has been relatively limited local or national research conducted in relation to LGBT issues, although recently a body of research is beginning to be created.