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Sarah Owen, MP, newly elected chair of the Women and Equalities Select Committee, on Woman’s Hour

Sarah Owen, MP (Labour) for Luton North was elected Chair of the parliamentary Women and Equalities Select Committee (WESC) on 11th September 2024. The following morning, she was a guest on Woman’s Hour, presented by Anita Rani.  

Woman’s Hour was hardly quick to pick up on women’s legitimate concerns regarding the threats posed by the Gender Recognition Act, and transgender identity ideology more generally, to women’s sex based rights and protections. In fact, the BBC issued Woman’s Hours’s longest serving presenter, Jenni Murray, with an impartiality warning after a piece she had written for The Sunday Times Magazine (in March 2017) addressed whether men who had undergone ‘ a sex change operation ‘ (more accurately  described as gender affirmation surgery, because, quite simply, people cannot change sex) were different from ‘real women’. As Murray later wrote, ‘ I was roundly ticked off publicly and informed that I would not be allowed to chair any discussions on the trans question or proposed changes to the Gender Recognition Act.’ Refusing to be silenced, Murray left the BBC just over three years later. Woman’s Hour’s refusal to tackle the issue increasingly undermined the programme’s claim to address ‘topical issues’ and slowly the embarrassing lacuna was filled. When Woman’s Hour presenter Anita Rani interviewed Owen, whilst some of us might have liked a more robust challenge to Owen’s responses, at least relevant questions were asked about the some of the issues in the clash between women’s and transgender rights.

Owen expressed sadness that people’s fears and concerns had been boiled down to body parts. This interpretation is her own and way behind the current state of debate. It is a central feminist position that women are more than our body parts. Of course, we are. The feminist position is that women’s bodies should not and need not define the entirety or scope of our lives, that our sex and socially prescribed sex roles are not the same. This is far from saying that we do not share the material reality of a sexed body.  

Owen was one of 452 MPs and 129 MSPs who were sent a complimentary copy of my book, Defending Women’s Spaces in a campaign by Woman’s Place UK and nia. The book makes clear that the needs of women in relation to single-sex spaces go way beyond matters of body parts. Of course, being sent a book is not the same as reading it, and if she hasn’t done so already, I’d suggest that Sarah spends some time with the book and considers some of the issues I raise from the perspective of someone who, for 34 years, has been involved in the provision of specialist services for women who have been subjected to men’s violence. Sarah, if you’ve misplaced your copy, could I further suggest that you buy one or even borrow someone else’s? Even if I say it myself, the book has important things to say about the importance of single sex services in particular for women victim-survivors of men’s violence.  

When asked what a woman is, Owen for some reason found herself unable to answer the question. Instead, she said ‘somebody that is going to be paid less than their male counterparts, somebody that is going to be less safe walking down the streets and somebody that faces more barriers in the workplace, education and health sector. These are not examples of what a woman is, they are examples of sex-inequality. They are examples of how the sex-hierarchy operates in patriarchal societies. Indeed, they are issues that we might suppose fall within the remit of the WESC. If we managed to eradicate all these examples of sex inequality, the biological category of women would still exist. But we need to be able to identify women if we are to show how we are discriminated against.

I was surprised to hear Owen say that most of the debate around the clash between women’s sex-based rights and protections had happened without ‘transwomen’s’ voices. Perhaps she hasn’t read the 2016 WESC Transgender Equality Report. I opened my book with a reference to this report. It included the nonsense claim that each of us is assigned sex at birth and quoted a newspaper article citing the disputed ‘sobering and distressing fact that in UK surveys of trans people about half of young people and a third of adults report that they have attempted suicide’. The report included quotes from the Scottish Transgender Alliance recommending the removal of the single-sex exceptions, from Galop, an LGBT anti-abuse charity, which claimed that transgender people are currently at serious risk of harm by being excluded from sexual and domestic violence and abuse services and one Mridul Wadhwa, who is quoted saying: ‘I am disappointed to think that someone has the right to refuse work to me and others like me in my sector [the sexual and domestic violence and abuse sector] just because they think that I might not be a woman.’  And we all know how his appointment turned out, don’t we?

Far from the voices of trans identified males not having been heard, the government announced that the Gender Recognition Act was to be reviewed following recommendations of the WESC report. The committee, then chaired by Maria Miller MP, had called 20 people (outside of MPs) as witnesses to the inquiry which preceded the report. Kathleen Stock summarised those who were called as witnesses thus: eleven of the twenty represented trans activist organisations, while the remaining nine were relatively neutral experts, though some of these were also trans themselves. No women’s groups were called to give evidence, though some had made written submissions, and neither was anyone who had voiced concerns about transitioning. In fact, one of the reasons that Woman’s Place UK was founded in 2017 was to help ensure that women’s voices were heard – as it was ours, not those of males who identified as transgender or organisations servicing their interests, which had been excluded. In addition, when I gave evidence to the WESC about whether specialist providers of services for women  who had been subjected to men’s violence understood the provisions of the Equality Act regarding single-sex spaces, one of the other two people interviewed was a trans identified man called Diana James. Perhaps it is understandable that the day after her appointment as Chair was announced, Owen was not familiar with the history of the committee, including the highly significant report that it had published eight years earlier. But this gap in her knowledge should not have resulted in her making a claim whichwas quite the opposite of the history of the committee that she now chairs. It hardly suggests that she is capable of hearing women’s concerns or recognising when we are not heard by others. And, I’d add, the ‘say what you want to think is true because it suits your narrative regardless of its basis in fact’ is entirely consistent with the input of transgender identity ideology advocates: their false claims about suicide, denial of the harms of puberty blockers, denial of the extent of the medicalisation and sterilisation of minors, exaggeration of the levels of serious harm and violence to persons with transgender identities in the UK and so on.

Owen also claims that polarised views mean that we haven’t seen any progress in addressing the conflict between women’s sex-based rights and protections and transgender identify ideology and she bemoaned the lack of respectful debate. Again, she is quite wrong. Feminist interventions have been largely respectful but most of all she is wrong to deny women’s gains. As Professor Jo Phoenix summarised ‘the count so far (of employment tribunals involving secular gender critical claimants and including full admissions of liability as wins’) is: ‘12 wins (admission of liability + claims upheld @ ET/EAT), two settled by agreement, two ongoing appeals, two unsuccessful and one dismissed at preliminary hearing stage (ruled out of time and/or claimant did not have employment status)’. This, Phoenix explains is in the context of less than five percent of belief discrimination claims winning at hearing & around 15-20% being unsuccessful at hearing in the last fifteen years while we (those of us who understand that sex is a material fact and refuse to pretend otherwise) are winning at a rate of 78 percent with three percent being unsuccessful. There are many progressions outside courtrooms too and of course the battles fought inside the courtroom themselves have implications outside it.

Quite simply, women have refused to be silenced and we continue to make gains. We will not let our rights be given away. We will not let demands that we ‘be kind’ prevent us from fighting to protect our interests. The chair of the Women and Equalities Committee is only one member of the committee and I hope others on the committee will ensure that issues are examined and robust challenges are made. I recognise that the remit of the committee is women and (other) equality and inequality issues. But surely there’s an indication in the name of the committee that women’s interests should not be ignored or diminished. And sadly, it doesn’t fill me with confidence that the new chair can’t even define what a woman is.  

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As Chief Executive of a charity, part of your job is to set the tone

Me on Mridul Wadhwa and Edinburgh Rape Crisis Centre

I am so pleased to hear that the Employment Tribunal for Roz Adams against Edinburgh Rape Crisis Centre (ERCC) has agreed that Roz Adams was subjected to discriminatory treatment and that she was unfairly constructively dismissed.

This is undoubtedly a personal victory for Adams. To be told that you are under investigation for gross misconduct and facing immediate dismissal with no pay is intensely stressful and upsetting. For this to be followed by a nine-month procedure that results in ‘only’ a formal warning, is no exoneration. Even the escape route – resignation – is itself a punishment, the loss of job and income compounding the knock to your self-worth. I’m glad that after being discriminated against and unfairly constructively dismissed for believing that women who had been raped had the right to be supported by a female counsellor and to know the sex of their counsellor, not only did Adams find a new job with Beira’s place, she also found within herself the strength to take ERCC to employment tribunal. I’m delighted for her that she won.

Important though Adams’ victory is for her personally, and by extension, for those of us who understand that the support needs of women who have been subjected to men’s violence are best met by women and in women-only environments; Adams’ tribunal success is most important for women victim-survivors of sexual and domestic violence and abuse.

In May 2021, ERCC announced the appointment of Mridul Wadhwa as its new CEO. The post had been advertised as restricted to women applicants. Kathryn Dawson, Chair of ERCC’s Board of Directors, exclaimed: ‘We are delighted that a woman with such a strong track record in improving the lives of women and campaigning against all forms of inequality will be leading our organisation into the future.’ This is gaslighting. Wadhwa was well known in Edinburgh and Scotland and it was widely known that he was, indeed is, male. For a chair of a Rape Crisis charity to claim otherwise is a gross dereliction of duty and a failure of what should be a key aim of such an organisation to put their beneficiaries first.

In the opening paragraph of my book, Defending Women’s Spaces, published in November 2022, I quoted Wadhwa’s submission to the 2016 Transgender Equality Report published by the government’s Women and Equalities Committee where he bemoaned ‘I am disappointed to think that someone has the right to refuse work to me and others like me in my sector just because they think that I might not be a woman.’ But Wadhwa is not a woman. And he should not be in the sector because he has prioritised his need for validation above the needs of women who have been subjected to men’s violence. Needs which include a trauma-informed single sex space. Needs which include being heard and believed.  Needs which include being able to trust what you can see with your own eyes. The heart of Defending Women’s Spaces sets out why single sex spaces are so important for women’s recovery after men’s violence.

The grip of transgender identity ideology on the nation’s psyche has been loosened by concerted feminist and lesbian and gay rights activism since then. Legal cases taken by Allison Baily, Maya Forstater, Jo Phoenix, Rachel Meade and Denise Fahmy have demonstrated how women who dare speak up for other women have been treated but the law has repeatedly found that we have been unfairly treated.  The mantra ‘transwomen are women’ is no longer so frequently end vehemently regurgitated by its apostles and disciples. 

Within months of appointment, Wadhwa said ‘sexual violence happens to bigoted people as well’ and that ERCC service users would have to rethink their relationship with prejudice if they brought views that the charity believed to be discriminatory. This, as the tribunal showed, became a condition of accessing support.  In a later interview, Wadhwa revealed that ‘large groups of survivors’, who did not want to be exposed to men with transgender identities, were not using ERCC services. He did not appear to see this as a problem.

It is to the detriment of the specialist sector supporting women victims of sexual and domestic violence and abuse, and sexual exploitation, that the feminist activist roots and the political nature of the work is being detangled in too many cases from service provision. For me the sector has to frame our work within efforts to end men’s violence against women as a cause and consequence of sex inequality. If we can’t say what a woman is, we can’t end sex inequality.

The employment tribunal found Mridul Wadhwa, ERCC’s Chief Executive, ‘was the invisible hand behind everything that had taken place.’ Not only did Wadhwa lead an organisation to a place where enforcing transgender identity ideology was prioritised over supporting women victim-survivors of men’s violence, he refused to take responsibility in the employment tribunal, he did not appear. The tribunal judgment said ‘absolutely no explanation was provided as to why she (sic) refused to give evidence in the case’ and concluded that they were therefore ‘entitled to draw an adverse inference as to what their evidence would have been in relation to those matters where the respondent’s position conflicted with the claimant’s evidence.’

As a CEO of a charity your role often goes beyond your job description in ways that can be hard to define. In short, you set the tone. It appears that Wadhwa has indeed successfully set the tone at ERCC. But that tone does not prioritise victim-survivors of rape and sexual assault. It is now the responsibility of the board of trustees of ERCC to address this critical failure of mission.