Rt. Hon. Jacqui Smith MP

TUC LGBT Conference

I want to thank all of you here for the work you have done in ensuring that these issues are addressed positively and thoughtfully. Just last week, the NUT published two publications for teachers about supporting LGBT students and tackling homophobia.

And last month UNISON and the Royal College of Nursing jointly published guidance which clarifies the issue of next of kin rights for same sex couples. This will help to ensure that patients and their loved ones will be treated with the respect and sensitivity they deserve. And these are just two examples of the great work that people here are doing on LGBT issues.

I heard many appalling cases during the consultation on the Civil Partnership Bill, and in my previous role as a Health Minister. Same sex couples who had been in loving, committed relationships for many years, were denied the chance to visit their partners, even when their partner was dying.

As you know, the Civil Partnership Bill is currently in the House of Lords. When I spoke to you last year, I had just launched the Civil Partnership consultation paper. The consultation period ended on 30th September 2003 and over 3000 responses were received. A fantastic 83% of all respondents in England and Wales supported the principle of a Civil Partnership scheme. In the interests of creating parity across the United Kingdom, the Civil Partnership Bill is intended to legislate for the whole of the UK.

I had hoped today to report on the good progress being made in the Bill's passage through Parliament, but as some of you may know, the Government suffered a defeat in the House of Lords last Thursday. The amendment passed by 148 votes to 130 and adds close relatives to the Bill, leaving the Bill unworkable. Let me be clear - this was a blatant attempt to wreck the Bill, spearheaded by a group of Peers who have stood in the way of every piece of gay rights legislation. The Tories are trying to maintain their public face of support for the Bill, but I'm afraid when you read the debate, saw who was there and how they voted, you would have to conclude - 'if it looks like a Tory, it talks like a Tory and it votes like a Tory - then it's a Tory.'

However, I'm willing to give anyone a second chance. This tactic will not weaken our determination to see the Bill passed.

We intend to overturn this amendment and I'm looking for the Tories to walk the walk when they get the next chance to support it. Once we have done this, we hope that the message will be made clearly that inequality faced by LGB people cannot and will not be tolerated. This setback serves to remind us of the opposition that we face in extending these rights to same sex couples. We cannot afford to be complacent. I know I can rely on your support in making the case for Civil Partnership over the summer.

The TUC and 11 Trade Unions responded to our consultation. We are all in agreement that LGB people deserve the same rights and responsibilities as all other members of society. However, you felt that the scheme should be opened up to all partners whether they have chosen to form a Civil Partnership, to marry, or to do neither.

At present, however, same sex couples have no means of obtaining any form of legal recognition of their relationships, whereas opposite sex couples do through marriage, and it is this inequality that we are trying to tackle in the Civil Partnership Bill.

That does not mean that we don't recognise that there can be some very difficult issues for cohabiting couples who choose not to marry - or of course in the future to enter a Civil Partnership. That's why the Department for Constitutional Affairs are currently working with two voluntary sector organisations, Advice Services Alliance and One Plus One, on a public awareness campaign to point out the legal position of unmarried couples and suggest ways that they can protect themselves if things go wrong with their relationships.

We do not believe that the solution for opposite-sex couples, who don't want to get married, would be to offer them a similarly formal legal commitment to each other. It is our understanding after consultation with family lawyers that where one member of an opposite-sex couple does not want to marry their partner, it would be unlikely they would then wish to enter a civil partnership with similar rights and responsibilities.

However, my colleague Lord Filkin has announced that the Department of Constitutional Affairs, as a result of concern for vulnerable cohabitants and their families, has recently asked the Law Commission to carry out a project on cohabitation of opposite and same sex couples. The Commission is now considering including cohabitation in its next programme for law reform, commencing in April 2005.

On pensions, the Bill ensures that from the date of commencement, civil partners who are members of public service and private pension schemes will earn entitlement to survivor benefits for their civil partner. I know you are concerned that the changes to entitlement to earn survivor benefits are not being made retrospectively in respect of the past service, but I do ask you to acknowledge the fact that in the longer term, the Government proposals represent a huge improvement in the financial provision that will be available to gay and lesbian couples in their old age, if they choose to register.

I know many people doubted whether we could ever have had Civil Partnership legislation in this Parliament, but the welcome it has received from the media and the public has been warmer than we could have imagined. Many have been surprised at how comprehensive the Bill is, covering, as it does, issues ranging from immigration to slaughterhouses! So please do tell any slaughterhouse workers you may know that we haven't forgotten them, or their potential Civil Partners, in this Bill!

Recent events in North and South America, Australia and New Zealand amongst others show us that there is a "bigger picture" that we are involved in too. That is, to contribute to shaping the worldwide debate on the rights of LGB people. In Europe, more and more countries are creating similar partnership registration schemes, and every country's progress helps everyone else to move forward. The proposals we introduced underline the message that we believe committed same-sex relationships to be a valuable part of our society, that will help shape the culture change that will benefit all LGBT people, both in the UK and abroad.

In April and May this year, the Civil Partnership final Consultation document was the most downloaded document on the Women and Equality Unit website. In April, the document constituted over 21% of the total downloads. There were more international visitors to the site than UK visitors - 43% compared to 24.5% We are encouraged that the Civil Partnership debate and developments in the UK are being met with such interest internationally, and that we have the opportunity to contribute to the global debate in this way.

Civil Partnership underlines the inherent value of committed same-sex relationships. It opens the way to respect, recognition and justice for those who have been denied it for too long. Tomorrow, my officials are giving a presentation on Civil Partnership at one of the workshops you will be holding as part of this Conference, and my Civil Partnership and Sexual Orientation Team will be out and about again at PRIDE this year too, so do look out for them if you are going.

The Government is confident that we will be able to make considerable progress in tackling the day-to-day difficulties faced by those same-sex couples who have previously been unable to gain legal recognition of their relationships. The Civil Partnership Bill is a vital step in achieving this. We will fight hard to get it back on track.

Last December we introduced the Employment Equality regulations, offering legal protection against discrimination in the workplace on grounds of sexual orientation and religion for the first time. These were launched with an awareness-raising campaign and materials. Again, we have a difference of opinion over pensions as you will be aware. But we are all agreed that these regulations make a real difference in combating discrimination at work and will bring us closer to the equality that we all want for LGB people.

I know there has been a lot of interest in and some confusion over the employment of gay people by religious organisations, particularly where employers can and cannot rely on the narrow organised religion Genuine Occupational Requirement. We have always been clear in expressing our view that the exemption in the sexual orientation regulations is very tightly drawn and intended to apply in only a very small number of situations. In fact, this was the view I spelt out last year. This has been tested in the recent judicial review where the judge agreed with our narrow interpretation. It is helpful that our message has been reinforced.

The regulations do not allow widespread homophobic practices by religious (or secular) employers. They have been put in place to protect LGB people from harassment and discrimination in employment or training, and I am confident that they will go a long way toward stamping out these practices in the workplace. We will be taking a keen interest in following the cases which are currently being taken to tribunal on the new grounds.

I announced here last year that we had set aside a sum of money to support capacity building in NGOs to help them respond to requests for information and advice. We were able to provide financial support to a range of activities aimed at raising understanding and awareness of the new legislation, amounting to six hundred and twenty-five thousand pounds. The funds were allocated to a wide range of groups, including the TUC itself, who produced new training and publicity materials and courses, updated existing programmes and held regional briefings for union officers and employers in three pilot areas of London, Scotland and Wales. This activity has proved very valuable in helping individuals and employers understand their rights and responsibilities in the work place and has helped to ensure that the Regulations are properly implemented. I am very pleased that I very recently launched a second round of funding, and voluntary and not-for-profit organisations are invited to put in proposals to share in the £1.3m on offer to support the implementation of the legislation.

Last year, I spoke about our vision of working towards a Single Equality Body project. That vision is becoming more real. In May, we announced our plans for creating a single Commission for Equality and Human Rights. This body will have a remit to challenge discrimination, champion equality of opportunity and promote human rights. It will also, for the first time, provide institutional support for new laws outlawing workplace and vocational training discrimination on grounds of religion & belief, sexual orientation and - in time- age.
This new body will not be operational before 2007. There is much work for us to do - not least in passing legislation to set up the new body. We also need to work with the three current Commissions and representatives of the religion & belief, sexual orientation and age strands to ensure a smooth, well managed transition to the new body. Our aim is to have a new body, resourced from day one to make a positive impact that will ensure a fair and more inclusive society.

Too many LGBT people understand at first hand what it's like to be verbally and physically abused. In some cases even murdered. We need to change both the law and culture to tackle this. The law is developing. Last year I also mentioned homophobic hate crimes and the Crown Prosecution Service (CPS) Public Policy Statement aimed at combating homophobic violence. Building on this, I can now tell you that as of November last year, the statutory duties of the Criminal Justice Bill were extended, so now, any hostility or offence committed on the grounds of the victim's sexual orientation or disability are required to be treated as aggravating factors when passing sentence.

And sometimes we need to remove parts of the law that are outdated and discriminatory. In May, the Sexual Offences Act came into force. This means that the law in this area no longer discriminates on the grounds of sexual orientation. These discriminatory offences, some dating back to the 19th Century, have rightly been consigned to the history books rather than remaining on the statute books. Sadly, we still see evidence of 19th century attitudes to LGBT issues such as Norman Tebbit's recent comments linking buggery and obesity. But we all know that culture change takes much longer to achieve than legislation.

After years spent fighting to remove Section 28, it was finally repealed in November. This offensive and unnecessary piece of legislation has gone for good. We must now concentrate all our efforts on repairing the damage that it has done over the last fifteen years. Pupils, and teachers, have suffered appalling bullying and harassment, in no small part aggravated by Section 28. Now that the legislation is no longer, we must look to tackling the culture change needed to eradicate homophobia in schools.

I announced last year that my sexual orientation team would start a project on tackling homophobia in schools, co-ordinating work with the Department for Education and Skills. I am pleased to tell you that we have made some real progress on this since I last spoke to you.

DfES has set out a framework for supporting schools in dealing with this - suggesting that homophobic bullying be tackled as part of a wider anti-bullying campaign, improving awareness of discrimination and sexuality via the curriculum, ensuring schools are clear about their responsibilities, improving the evidence base of what is happening in schools on this subject and developing a strategy for communication and relationship-management with partners.

The Department for Education and Skills "Don't Suffer In Silence" initiative includes guidance and advice on tackling homophobic bullying. DfES have just hosted a series of regional anti-bullying conferences with my Ministerial colleague Ivan Lewis, covering this issue. Various training packages and materials are being prepared for schools. DfES have provided guidance on homophobia in schools and the Connexions service for 13-19 year olds also provides support on this issue. Stephen Twigg, Schools Minister, spoke at the Connexions conference on "Engaging Young LGB People" in January.

In this summer's issue of "Teachers" magazine, there is a feature on Lesbian, Gay and Bisexual teachers and the recent Employment Regulations relating to Sexual Orientation that I mentioned earlier.

We then pushed the agenda further and sought to widen the issue to include other Government departments. This resulted in an announcement by Patricia Hewitt in March at Stonewall's "Ending Discrimination on Sexual Orientation in Employment" Conference that Government departments have committed to examine their policies with a view to tackling the issue of homophobia.

My officials are currently liaising with contacts in all Government departments to discuss ideas for action and to share advice and suggestions. DfES Ministers and officials have agreed to speak at conferences organised by partners and are also working with partners such as Stonewall, FFLAG and LGBT Youth Scotland and their "Education For All" coalition.

We want this issue to be mainstreamed throughout Government policy, so that homophobia is tackled right across all areas of the Government's work.

We have come a long way in a short time. Together, we have spoken up for equality and taken action to change the law and to begin the much longer job of changing attitudes. As recent events show, we can't take our progress for granted, but working with you in the TUC and others, I'm confident that we can continue to make progress towards equality, respect and dignity for LGBT people throughout the country.