Agenda item

Gender-Neutral Language

At the Council meeting on 5 January 2021 the following motion was moved by Councillor L-J Evans and seconded by Councillor Lisa Lewis:

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.”

The Council on 5 January 2021 agreed – That the motion be referred to the Audit and Governance Committee for it to be considered through the Constitution Review Working Group.

Audit and Governance Committee considered the Motion at a meeting on 11 March 2021 and resolved to recommend that in considering the Motion, Council has due regard to the following issues, namely to:-

(a)  Note that there is inconsistent use of gender terms in BCP Council’s constitution, policies and communications.

(b)  Eliminate discrimination and advance equality of opportunity

(c)  Remove gender specific determination when describing roles within BCP, unless there is a genuine occupational requirement for them to remain.  This to include the review of the Council Constitution, Policies and communications and replace written references with gender neutral terms, such as the role of the Chair.

(d)  Communicate these changes to all departments and members of staff within BCP Council.

(e)  Continue to use pronouns when the sex of an individual is known, or when an expressed request has been made from an individual to be referred to by a specific gender.

(f)    Note the adoption of the Audit and Governance recommendations at Council on 5 January 2021 which stated that no change be made to current practice relating to the form of address for the person presiding at meetings and that this be left as a matter of choice for each individual person presiding.  Democratic Services should ascertain, in each case, the preference of individual Councillors as they are appointed.

In light of the views expressed at the Audit and Governance Committee, the proposer and seconder of the original Motion gave notice to request that the Motion be altered to read as follows (text shown in italics are the additional words to be added):-

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.

In doing so, Council endeavours to:

1.        Remove male universals, such as ‘Chairman’, from the constitution, policies and all written and verbal communications and to replace them with gender neutral terms, such as ‘Chair’.

2.       Use gender-neutral language where an individual’s sex or social gender are not relevant or not known.

3.       Respect an individual’s right to be addressed as they wish, and identify this where appropriate.”

Since the original Motion has already been proposed and seconded, the consent of Council to alter the Motion is required. There should be no discussion on whether consent should or should not be given.

If Council grants consent to alter the Motion, this would be the starting position for debate. If consent to alter the Motion is not granted, debate will proceed on the original Motion.

Members were reminded that at the Council meeting on 5 January 2021 the following motion was moved by Councillor L-J Evans and seconded by Councillor Lisa Lewis:

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.”

 The Council on 5 January 2021 agreed – That the motion be referred to the Audit and Governance Committee for it to be considered through the Constitution Review Working Group.

Councillors were informed that the Audit and Governance Committee had considered the Motion at a meeting on 11 March 2021 and resolved to recommend that in considering the Motion, Council has due regard to the following issues, namely to:-

(a)    Note that there is inconsistent use of gender terms in BCP Council’s constitution, policies and communications.

(b)    Eliminate discrimination and advance equality of opportunity

(c)    Remove gender specific determination when describing roles within BCP, unless there is a genuine occupational requirement for them to remain.  This to include the review of the Council Constitution, Policies and communications and replace written references with gender neutral terms, such as the role of the Chair.

(d)  Communicate these changes to all departments and members of staff within BCP Council.

(e)  Continue to use pronouns when the sex of an individual is known, or when an expressed request has been made from an individual to be referred to by a specific gender.

(f)    Note the adoption of the Audit and Governance recommendations at Council on 5 January 2021 which stated that no change be made to current practice relating to the form of address for the person presiding at meetings and that this be left as a matter of choice for each individual person presiding.  Democratic Services should ascertain, in each case, the preference of individual Councillors as they are appointed.

In light of the views expressed at the Audit and Governance Committee, the proposer and seconder of the original Motion gave notice to request that the Motion be altered to read as follows (text shown in italics are the additional words to be added):-

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.

In doing so, Council endeavours to:

1.        Remove male universals, such as ‘Chairman’, from the constitution, policies and all written and verbal communications and to replace them with gender neutral terms, such as ‘Chair’.

2.       Use gender-neutral language where an individual’s sex or social gender are not relevant or not known.

3.       Respect an individual’s right to be addressed as they wish, and identify this where appropriate.”

Since the original Motion has already been proposed and seconded, the consent of Council to alter the Motion was required. There should be no discussion on whether consent should or should not be given.

The Chairman reported that he would move to the vote on whether the Council consented to alter the Motion which was not agreed as follows:

Voting: For – 29, Against - 42, Abstentions – 3

The Chairman reported that in light of the above decision the Council now refers back to the original motion. Councillor L-J Evans proposed an amendment to the original motion which had been circulated to Councillors by email as detailed below which was seconded by Councillor Lisa Lewis:

“That Council resolvesto use gender-neutral language inall reports andformal communication bothverbal and written communicationswhere possible,in accordance with its commitment to uphold the 9protected characteristics of the EqualityAct 2010 and incombating prejudiceand discrimination.

In doing so, Councilendeavours to:

1.                Note that there isinconsistent useof genderterms in BCP Council’sconstitution, policiesand communications.

2.                Remove gender specific determination when describingroles within BCP, unless there isa genuine occupational requirement for themto remain. This to include the review ofthe Council Constitutionand Policiesand remove male universals,such as ‘Chairman’and to replace them withgender neutralterms, such as ‘Chair’.

3.                Communicatethese changes to alldepartments and members of staff within BCP Council.

4.                Respect an individual’s right tobe addressedas they wish, and identify this where appropriate, whilst continuingto usepronouns when the sex or gender of an individual is known.

Red text= additional wording

Text– deletedtext

Councillor Evans in presenting the amendment highlighted that gender equality issues had come to the public’s attention this month including international women’s day and the horrific murder of Sarah Everard.  Councillor Evans reported that after consideration by the Audit and Governance Committee a set of recommendations were formulated.  She reported that the Leader of the Council, Lead Member for Equalities, the seconder and herself had worked together to amalgamate these with the motion.  She explained that words matter as language reflects and influences attitudes, behaviours and perceptions. Councillor Evans reported that by moving to gender neutral language the Council would avoid implying that one gender was the norm and it would help to tackle unconscious bias.  Members were informed that despite the headlines in the tabloid press Councillor Evans had not suggested that everyone should use the title MX just that it was a possibility when it was unclear how to address a person.  Councillor Evans explained that this was also about being respectful of people from other cultures to make on effort to determine how people wish to be referred and avoid generic use of masculine terms.  Councillor Evans reported that the implementation of gender-neutral language was neither costly nor difficult and referred to a simple guide on gender neutral drafting which had been issued by the Government’s Law Department.  She acknowledged the need for training and a transition period, that mistakes can and would be made and the process should not be punitive in any way.  Councillors were asked to support the amended motion as an example to other local authorities that BCP Council was fully committed to demonstrating respect for difference, working proactively to eliminate discrimination and advancing equality of opportunity for all.

Councillor Lewis in seconding the amendment explained that gender neutral or gender inclusive language was more than a matter of political correctness as language powerfully reflects and influences attitudes behaviour and perceptions.  Councillor Lewis referred to approaches taken by other key organisations/institutions on this issue.

Councillors in considering the motion raised a number of issues including the process in dealing with the matter, the timing of the motion in view of other priorities being faced by the Council including dealing with the pandemic, the need for detailed consideration of the issue, reference to other Local Authorities and organisations that had taken this approach, concern on the restrictions on language, that the Council was respectful and that this approach was not necessary,  that there should not be an assumption that a role was related to a particular gender, that it was the right of all Councillors to bring a motion to Council, the basis for the motion was that BCP Council respects all and the impact if an error was made. The Leader of the Council indicated that people should have the right to identify as they wish but highlighted that the original motion was not saying that.  He highlighted that the process had not been acceptable whilst indicating that he had worked on the wording with the proposer and seconder.  The Leader of the Council highlighted that the Constitution should be amended in terms of “Chair and Chairman” and that the Council can get to the spirit of the views raised by Councillor Maidment but this needs to be undertaken properly and the original motion needs to be debated. 

The Lead Member for Equalities thanked the proposer and seconder for discussing the issue with her and the Leader of the Council whilst highlighting that she had raised concerns about the wording of the motion.  The Lead Member felt that it was necessary to have more time to look at this matter, how it can be applied in practice and that anything adopted achieves the objective and advancement of equality. She expressed concern that Members were being asked to adopt a motion when there had been no consideration of the Public Sector Equality duty.  A Councillor highlighted the need to take a first step, asked about the timescale and a commitment to progress this matter.

Councillor Evans in summing up responded to the issues raised.  She referred the criticism she had suffered and referred to the email received from Councillors Mellor and Dove on the amalgamation of the motion. 

Councillors then voted on the amendment as detailed above which was lost

Voting: For - 26, Against – 42, Abstentions – 6

Councillor George Farquhar wished to be recorded as voting for the amendment.

The Chairman confirmed that Councillors would now debate the original motion as set out below:

“That Council resolves to use gender-neutral language in all reports and formal communications, both verbal and written, in accordance with its commitment to uphold the 9 protected characteristics of the Equality Act 2010 and in combating prejudice and discrimination.”

The Chairman also indicated that Councillor Beesley, Chairman of the Audit and Governance Committee may wish to comment on the proposals from the Committee as set out on the agenda.

Councillors in considering the original motion raised a number of issues including referring to the belief in the Council’s commitment to uphold the protected characteristics and combat prejudice and discrimination and that all Councillors were signed up to that commitment, that the proposer and seconder brought forward the gender neutral language motion with good intentions whilst highlighting the negative feedback and emphasising that residents should be consulted.  The Chairman of the Audit and Governance Committee referred to the resolution of the Committee as set out on the Council agenda.  He reported that the mover and seconder had an opportunity to address the Committee, in addition to the Leader of the Council, the Lead Member for Equalities and the Council’s Equality Officer who had considerable input.  He expressed his concerns regarding the process and highlighted the need for the Committee to take a neutral stance.  The Chairman of the Audit and Governance Committee emphasised the need to recognise that the Constitution once amended needed to stand the test of time and therefore any amendments coming forward on any issue should be well thought through, properly discussed with the legal ramifications considered thoroughly. Councillors commented on the impact of the motion which had attracted much interest from residents and how it may affect them in a personal way.  The Chairman of the Constitution Review Working Group reported that the Working Group had looked at this issue in a non-political way. The Chairman of the Council reminded Members of the detail of the original motion. 

Councillor Evans in summing up addressed the issues raised and the action taken and in doing so asked for clarification on the process.

The Council then voted on the original motion as detailed above which was lost as follows:

Voting: For – 0, Against – 45, Abstentions – 28

Councillor George Farquhar wished to be recorded as abstaining from the original motion.

The Monitoring Officer responded to a point of order from Councillor Evans on whether due process had been followed.  The Monitoring Officer commented on the timing of the point of order.  She indicated that she would speak on this subject for clarification which the Chairman agreed.  Councillors were advised that all the Constitutional processes were followed in the way that Council requested this motion be referred to the Constitution Review Working Group and to Audit and Governance Committee and the Chairman and Vice-Chairman of the Committee had confirmed those processes were followed including allowing Members and Officers to speak on this issue

Note – Councillor Maidment had left the meeting and did not vote on the above.