Here is the text of a letter I’ve sent to my MP, Caroline Lucas, following the government’s leaked announcement that they do not intend to amend the Gender Recognition Act.
I was pleased to see reports in last weekend’s Sunday Times that the government is intending to abandon its proposed reforms of the Gender Recognition Act.
The proposals arising from the 2015 Women and Equalities Select Committee Transgender Equality Inquiry were ill-considered and developed following a flawed process in which women’s organisations were not invited to participate as witnesses.
After the government indicated its intention to implement these proposals, including changes that would have made single-sex services illegal, several grassroots womens campaigns were launched, to defend the existing provisions in the Equality Act. As a result of this campaigning, the government was forced to back down on this intention in 2018, when the consultation on GRA reforms was finally announced.
Nevertheless, many statutory institutions, companies and voluntary sector organisations had meanwhile adopted policies which made it extremely difficult for women to access single-sex provision of services. This is a real setback for women and girls who need female-only space in which to recover from, reflect on and resist the impact of living in a sexist society. As a result of organisations adopting self-id policies:
- Women in Brighton have no access to female-only support and counselling when they have been subjected to sexual assault and rape
- Girls in Brighton schools are routinely expected to share changing rooms with male pupils, and official guidance suggests that any objection to this is contrary to human rights practice
- When a woman in Brighton requested that her preference for female clinicians (resulting from her experience of being raped) be recorded in her medical notes, her request was presented as an example of transphobia in staff training materials
- Anti-feminist and unscientific concepts such as innate gender identity and sex as a spectrum are being presented as settled fact in official local authority guidance for schools
Liz Truss’s statement to the Women and Equalities Select Committee in April included a welcome commitment to protecting single-sex spaces. This echoes a similar commitment in the 2019 Labour Party manifesto, and I am pleased to see this cross-party support for the existing legal framework set out in the Equality Act. I hope you will issue a statement adding your voice to this consensus.
Sex is a protected characteristic in the Equality Act, because discrimination, harassment and abuse on the basis of sex continue to blight the lives of women and girls in the UK and around the world. It is horrifying that women who have stated this fact, such as Maya Forstater, Kathleen Stock and most recently JK Rowling, are denounced and slandered by people presenting themselves as progressive.
The government’s decision to focus on a symbolic legislative change – introducing a self-declaration basis to the GRC process – rather than any of the material issues raised during the inquiry, was unwise and divisive. Taking a step back in order to proceed in a way that upholds the rights and freedoms of women and trans people is the right thing to do.
Please convey my views to Liz Truss. I would – as ever – be pleased to discuss these issues with you in person, and look forward to receiving your response.
I have been puzzled by the sudden rise in deportations and Home Office attacks on black people who have been in UK for decades, such as the case of Albert Thompson, which I wrote about a few weeks ago, or the many similar cases now coming to light.
These people are not the stated target of the “hostile environment for illegal immigrants”, so why are they being picked on?
It’s not to appease a racist public – as far as I can see from reading online discussion of these cases, most people are convinced that they are a mistake. There is not widespread support for this action, or understanding that it is a direct consequence of current government policy which has turned landlords, hospital administrators, employers and bank managers into border guards.
I don’t believe the aim is to remove significant numbers of black people from the UK. Most of the people affected are parents and grandparents of British citizens. If the government were trying to stop them from becoming an integrated part of UK communities, they would surely have done it a long time ago.
It’s also unlikely to be pure sadism and cruelty, though I can see why it would appear that way to the families affected.
The Home Office isn’t yet staffed by robots, as far as I know – people are making these decisions. Even if the ‘hostile environment’ regulations seem to dictate the actions that are being taken, there could have been a management decision not to persecute this group of people who are clearly not, by any stretch of the imagination, “illegal immigrants”. (I am leaving aside for now the issue of the equally unjust impact of these new laws on people who are considered “illegal”, but that doesn’t mean that I think any of this is OK.)
So I was puzzled. But I recently came across a clue when I read about the government’s attempts to rebrand the ‘hostile environment’ as a ‘compliant environment’.
My theory now is that this is an example of an age-old trick of the ruling class – extend your power by testing out a previously unacceptable imposition on a disposable population, then rely on it being a fait accompli to persuade everyone it was always inevitable.
Liberty’s 2015 briefing for MPs on the issue of immigration detention explains how this kind of mission creep works:
Immigration detention has become such a policy mainstay, it is easy to forget what a constitutional novelty it was when powers to administratively detain were first set out in the Immigration Act 1971. In a move unprecedented in peacetime Britain, the Act reversed the principle of habeas corpus, removing the onus from the state to justify the deprivation of liberty, and introducing administrative detention for those subject to deportation. In the intervening decades, the use of detention has evolved from a mechanism designed to enforce removal or examination, to a free-standing immigration power routinely exercised for administrative convenience.
The hostile environment itself is a quintessential example – across all the areas where it acts to make life difficult for migrants, the core idea is that individuals must be prepared to justify themselves to authority on demand.
If you want to rent somewhere to live, receive hospital treatment or maintain a bank account, you must now prove that you have a legal right to reside in the UK. This means it is up to the individual to have their papers in order and present them to all kinds of people in order to do all kinds of ordinary things.
When I read online discussion about the cases of Caribbean elders now facing deportation, detention or denial of healthcare, there are a few people who present this as a reasonable expectation. Why have they not sorted out their documents, if they have been here all this time?
If they been here for so long why have they not applied for citizenship!!
— Tony (@VetteheadTony) April 1, 2018
Get real… You’re talking about people who in 40+years haven’t managed to get any documentation….
One person you give is trying to use a birth cert with a different name on it to get a passport – and they wonder why it was rejected! FFS….
— Martin Dooley (@martindooley) April 1, 2018
The idea of individuals being accountable to the state has already been thoroughly tested on another disposable population – unemployed people and people who are too sick or disabled to work. And just as the hostile environment is now being extended to people who are British for all practical purposes, Universal Credit extends the sanctions and testing regime to people who have so far been exempt from the label of scrounger.
People on low wages and self-employed people are among those hit most hard by the bizarre workings of Universal Credit. Not so long ago, these were the people championed by Theresa May’s party as strivers and entrepreneurs. Now, they have joined the ranks of those who are expected to show compliance to the demands of the all-powerful work coach.
By stealth, the whole way we look at things becomes inverted. Just as with the bedroom tax back in 2013, the most powerful and long-lasting effect of these vicious policies is not the impact on those directly affected, but the way they retrain all of us to think about public services.
So once we have become used to the idea that even people who arrived in the UK as children, as British citizens by virtue of the colonisation of their native countries by the British, must prove themselves if they wish to be treated with anything resembling respect, what next? Who is next in the firing line?
An excellent recent thread on Twitter by Docs not Cops points out that we are already a fair way down the road towards declaring some people ‘undeserving’ of free NHS care. And of course, the hostile environment also provides fertile ground – and the practical infrastructure – for the introduction of widespread charging in the NHS. This result has been a long time in the making – Nye Bevan issued a very precise warning about it as long ago as 1952.
But these ideas are not inevitable. It is possible to change the direction of travel. The revelations about Facebook’s data breaches have opened up the issue of privacy in a way that I didn’t really expect to see again. These questions of accountability are the key battleground for the future of our public services. Are we residents with rights that derive from our humanity, or subjects who must prove our conditional entitlement? How do we redesign our public services to recognise our interdependence, our need for mutual support and care, and the contribution everyone makes to our complex society?
In the 1960s, many people arrived in the UK from its former colonies in the Caribbean. They were encouraged and welcomed by the British government, as workers in the growing public sector. [Edit: I have learned from a very informative and referenced Twitter thread published by Akala on 1st April 2018 that this is a myth, and that all postwar British governments implemented racist and exclusionary policies towards black people who migrated to the UK.]
Albert Thompson’s mother was one of these people. While she worked in the NHS, her son was left behind in Jamaica. I can only imagine how hard that must have been for both of them. Lucky me.
My parents arrived in the UK in 1970. Like Mr. Thompson’s mother, they were entitled to enter and stay in the UK as Commonwealth citizens. They brought their child with them.
In 1971, the UK government passed an Immigration Act which removed the automatic right of Commonwealth citizens to live in the UK. Nevertheless, the act stated clearly that people who were already settled in the UK, like my parents, would not lose their rights and were to be treated as having been given indefinite leave to remain in the UK. If Mr. Thompson’s mother had already been in the UK for five years by the time the Act came into force in 1973, she would have been given the right of abode in the UK.
In 1974, Albert Thompson came to the UK to be reunited with his mother. I cannot find the relevant regulations at that time, but I expect he either had a work permit or was given leave to enter on grounds of family reunification. He was 18 or 19. He settled in the UK, found work, married and raised his children here.
Also in 1974, my parents took their two children to Australia to visit relatives. The 1971 Immigration Act had granted them indefinite leave to remain in the UK, and this was duly stamped in their passports when they returned. This tiny stamp was the only proof of their (and my) right to live here. If they had not travelled abroad, I believe they would not have been able to easily demonstrate their status. Of course, they were never asked to.
In 1981, both major parties supported the British Nationality Act, which further redefined the status of citizens of Britain’s former colonies. Among other things, it:
- removed the automatic right of children born in the UK to be considered British citizens, if their parents were not British. If my sister had been born after 1983, she would not have had automatic British citizenship, despite having been born in the UK and lived here her whole life. The same applies to Albert Thompson’s children.
- removed the right of Commonwealth citizens to acquire British citizenship by a simple process of registration. After 31st December 1987, they would have to go through the more expensive and demanding process of naturalisation.
- made it impossible for Commonwealth citizens who did not already have the right of abode to obtain it.
My family joined the protests against this Bill, understanding it to be racist in both intent and effect. At that time (as now) racism was often couched in terms of concerns about immigration, but I understood very clearly that my own status as an immigrant was never considered relevant by the boys who carved NF into the desks at school.
The measures in the 1981 British Nationality Act did affect me, but I was not their target. As Imogen Tyler argues in this excellent 2010 essay, “Whilst race and ethnicity were never directly named, the 1981 Act effectively designed citizenship so as to exclude black and Asian populations in the Commonwealth while leaving ‘routes home’ for white nationals born within the boundaries of the empire.”
The 1981 Act was the foundation of a decades-long establishment consensus on immigration that has prevailed ever since. Each successive government has tightened the rules yet further, reinforcing and feeding on popular racist myths about scarcity, overcrowding and invasion. From the 1990s onwards, both Tory and New Labour governments focused their rhetoric on asylum seekers, laying the foundations for the shameful conduct of the 2016 EU referendum campaign.
Before the option was withdrawn, I decided to apply for registration as a British citizen. This took some time. I must have applied before 31st December 1987, but my eventual certificate of registration is dated 31st January 1990. It cost money (I can’t remember how much) and I had to relinquish my Australian citizenship. I had to send in all my previous passports, with the all-important indefinite leave to remain stamp. None of this was a particular problem for me.
I was prompted to do this mainly because I wanted the freedom to travel and work within the EU, and because I didn’t fancy having to swear allegiance to the Queen as part of the naturalisation process. So I am now safe, unlike poor Albert, whose lack of documentation means he has been asked to pay £54,000 for his cancer treatment by the NHS.
Should anybody ask me to prove my eligibility for lifesaving treatment, I am ready. I had travelled abroad often, and had passport stamps to prove it. My parents haven’t moved house since 1974 and all the documents were easily available to me. I had enough money to pay the registration fee, and knew the deadline was approaching. All these things are a consequence of the dumb luck of being white and middle class.
I could have made different choices, had worse luck, been less well-informed. If I had, maybe I would be in Albert’s position.
But of course, nobody will ask me. Nobody has ever asked me to prove my right to live here. I acquired British citizenship purely for my own convenience, not because I was treated with suspicion and hostility in a country that would never truly acknowledge me as its own. That is the real privilege of my white skin.
For most of 2017, I have been working on my Brighton Welcome Blanket project, a large scale, collaborative piece, which incorporates the verse carved on one of the Patcham Pylons at the entrance to Brighton:
Hail Guest. We ask not what thou art
If friend, we greet thee, hand & heart
If stranger, such no longer be
If foe, our love shall conquer thee
This verse appeals to progressive white Brightonians, like me, because it encapsulates something we feel is distinctive and characteristic about our city – its openness and acceptance of diversity, its willingness to provide sanctuary to those who don’t belong in the places they come from.
As I worked on this blanket, I photographed each crocheted word, sharing my progress on Facebook in order to encourage other people to take part by contributing their own textile squares. The slowness of working by hand with yarn means that there is time to develop an intimate relationship with a piece of work. I tried to reflect on the significance of each word and phrase as I went along.
For instance, when I had finished the word hand, I posted this on the Facebook group:
In Sophie NL Besse’s show, Borderline, there is a scene in which a young refugee is told, after travelling across Europe to Calais, that because his fingerprints had been taken in Italy, he must return there. His response is to take a lighter and try to burn away his fingerprints. For others, stranded in camps and sleeping rough across Europe and beyond, a photo of their hand sent to the grassroots Facebook group Phone Credit For Refugees brings in return the precious gift of a chance to talk with loved ones or summon help in an emergency. But this word is simply about a greeting, human to human, hand to hand.
As I read and learned more about the situation of refugees and migrants in Europe and the UK specifically, I began to feel differently about the verse. Two thoughts have crystallised for me, as the blanket reaches its final stage.
1. ‘We ask not’ is the key phrase
Not asking means starting from the basic assumption that all humans are equal, and equally worthy of respect. It is a risky stance – as explained in the verse. There’s always a chance that you are unknowingly welcoming a foe into your home. But it is the only way to maintain your own humanity.
To say in advance that you will extend a hand of friendship to every visitor, without first questioning their status or motives, means that you relinquish your power to pick and choose who may enter. It means you opt not to see people from outside as a resource to be exploited or as victims to be rescued.
On the other side of the coin, not being asked is an experience that many progressive white Brightonians like me take for granted. It feels great, to be accepted at your word. We want to celebrate that feeling and that freedom, and share it with everyone.
But unfortunately, it is a lie.
2. We ask all the time
The unpalatable truth is that the welcome we offer to people who turn up in Brighton, the UK or Europe is very far from the open acceptance suggested by the words on my blanket.
In reality, the experience of arriving in Europe or the UK is one of being asked repeatedly what your value is, and whether you can prove you meet the (arbitrary) standards we set for people to settle here.
We ask at the border, and we keep on asking. The UK’s hostile environment for “illegal” migrants is a system that is designed to bring the border into every aspect of day-to-day life.
We ask at hospital
From 23rd October 2017, hospitals and other providers of secondary health care will be legally obliged to ask people about their immigration status and to charge overseas visitors in advance for the treatment they need.
We ask at school
Schools carry out a pupil census every term. Campaigners revealed last year that since December 2015, the Home Office has had an arrangement in place to regularly request access to the data gathered for immigration purposes.
In September 2016, new questions about nationality and country of birth were added to the Schools Census. The purpose of gathering this data is nothing to do with ensuring adequate funding for schools or support for pupils with additional language needs. It is directly related to the hostile environment programme, as Against Borders for Children explain:
In 2015 then-Home Secretary Theresa May outlined proposals to be included in the Immigration Bill that would bring schools under the government’s agenda to create a ‘hostile environment’ for migrants. According to the BBC, those plans included schools withdrawing places offered to children of irregular migrant families and checking immigration status before accepting new pupils. After the then-Education Secretary Nicky Morgan expressed ‘profound concerns’, they reached a compromise, and the DfE agreed instead to collect nationality, COB and and expanded language data through schools “to improve [the DfE’s] understanding of the scale and impact of pupil migration on the education sector.” The new data collection is explicitly linked to the government’s policy to create a hostile environment for migrants, and is part of an attempt to make schools a proxy for immigration enforcement.
We ask at the letting agency
Since February 2016, private landlords have been required to check the immigration status of all adults they are letting property to. Landlords must check up every year and report tenants to the Home Office if they find they no longer have the required documents
Deeds not words
If you were not aware of this epidemic of asking, you are probably white, with a British-sounding name. Many of us will most likely never experience the impact of Theresa May’s hostile environment, but that doesn’t mean we can continue to assume we live in an accepting, welcoming country. We do not.
If we want to make our idea of ourselves a reality, we have to take action. Take a risk. Make a stand.
Here are some groups of people who are doing that. If you like the idea of the Welcome Blanket, you can help to make it less of a lie by joining and supporting them.
Thousand 4 1000
You can sponsor a square of the Welcome Blanket by making a donation to Thousand 4 1000, Brighton’s community response to enforced homelessness of forced migrants.
Prints and cards of the blanket are also on sale, with all profits going to Thousand 4 1000.
Docs not Cops
This campaign brings together healthcare providers and patients to resist the introduction of charging into the NHS. Download their toolkit and take action in your local area.
Against Borders for Children
Their September 2017 update has a list of clear actions you can take to disrupt the use of the school census to enforce immigration controls, whether you are a parent, teacher or anyone else.