Equality screening outcome report: Annual flying of the transgender flag on Transgender Day of Remembrance

In terms of religion or religion brought up in, the 2011 Census indicates that 48.8 per cent of Belfast City residents are from a Catholic community background and 42.3 per cent from a Protestant community background.

Christianity remains the main religion, with religious diversity reflected through Hindu, Sikh, Muslim, Buddhist and Jewish communities.

Christians at Pride exists to provide a joyful, loving, inclusive Christian presence at Pride festivals in London and elsewhere in the UK, including Belfast, as noted through our internal staff network. Their website notes: ‘Whether you're young or old, catholic or evangelical, lesbian, gay, bi, trans, asexual, or straight, you'd be so welcome to come and join us. Supportive friends, allies, family members and church leaders all very welcome too’.

In the context of Northern Ireland, there are correlations between political, religious and racial background.

The results of May 2019 elections to Belfast City Council are shown in Table 1. 

In the context of Northern Ireland there are correlations between political, religious and racial background. Reports including ‘Flags towards a New Understanding’ (Bryan and Nolan, Institute of Irish Studies, 2016) and ‘Sectarianism in Northern Ireland: A Review’ (Morrow et al., 2018) demonstrate the depth of complexity of political opinion and how it impacts on everyday life. The most salient points from the legal opinion in relation to political opinion are extracted:

• The flying of flags at local government buildings is left to the discretion of the local authority as it is not regulated by legislation- the Flags (NI) Order 2000 and Flags Regulations (NI) 2000.  [paragraph 4]
• The flying of flags at City Hall is a politically sensitive matter. On 3 December 2012, the council agreed to adopt a policy of flying the Union flag at City hall on designated days only. The policy follows the designated days set out by the Department for Digital, Culture, Media and Sport. That decision was an emotive one for the Protestant/Unionist/Loyalist community. Weekly processions and protests ensued in the city, often resulting in civil disorder. Whilst protests against that decision have become less frequent, it is understood minor protests do still take place. [paragraph 5]
• The council does not have a policy which deals specifically with the flying of other flags, that is to say, flags other than the Union flag. The policy in that respect is that requests to fly a flag are considered by the Strategic Policy and Resources Committee on a case by case basis. Decisions of the committee are subject to ratification by the full council. [paragraph 6] 
• In addition to the Union flag, the council also flies other flags on specified days:
  i) the Commonwealth flag on Commonwealth Day
  ii)  the Cross of St Patrick on St Patrick’s Day, and
  iii) the European flag on Europe Day.  The flying of these flags is provided for in the DCMS list of designated days. The Red Ensign of the Merchant Navy is also flown at City Hall annually on 3 September (Merchant Navy Day).  This was approved by the Policy and Resources Committee on 17 August 2001. The Armed Forces flag is flown annually on six days in the last week in June to coincide with Armed Forces Day.  That decision was made by the council on 9 August 2013. In all these cases, the flag is flown on the lower flag pole. [paragraph 7]
• The decision of 9 August 2013 in relation to the Armed Forces flag is notable because it represents the only occasion, following the council’s decision on the Union flag in December 2012, where the council has agreed to fly a flag other than the Union flag. It is also notable in that it provides for a flag to be flown for a purpose other than to mark the constitutional status of the city. An equality screening report which was prepared to inform that decision.  It concluded that there would be no major impact on Section 75 categories and the policy was screened out without the need for an EQIA. Notably, the report observed the objectives of Armed Forces Day to be to:
  • "raise public awareness of the contribution made to our country by those who serve and have served in Her Majesty’s Armed Forces; 
  • give the nation an opportunity to show support for the men and women who make up the  Armed Forces community (including currently serving troops, service families, veterans and cadets).” [paragraph 8]
• Thus the flying of the Armed Forces flag demonstrates an occasion where a flag has been flown at City Hall to “show support” for a community and coincide with an organised festival or celebration. [paragraph 9]

A decision to fly the European Flag in support of European Heritage Open Days in September each year was made by delegated authority.

According to Census 2011, 96.7 per cent of Belfast’s population is white. Just over three per cent of the Belfast population are from an ethnic background. As is the case in Northern Ireland, the largest minority ethnic groups in Belfast are the Chinese (0.7 per cent), Indian (0.7 per cent) and Asian (0.6 per cent) communities. The proportion of ethnic groups from a non-white background has increased in Belfast since the 2001 census (1.4 per cent).

While 95 per cent of Belfast’s population (aged three years old and over) have English as their main language, recent years have seen an increase in the number of migrants to the region and city, with 1.4 per cent of those aged three years old and over stating 'Other' as their main language and 1.2 per cent of those aged three years old and over having Polish as their main language.

In the context of Northern Ireland, there are correlations between political, religious and racial background. For example in relation to national identity, many Protestants identify as British and many Catholics identify as Irish. However, this is a complex correlation, as significant research into identity and race such as the Northern Ireland Life and Times Survey demonstrates.

Belfast has a lower percentage of young people (aged under 16 years old) and a lower percentage of older people (aged 60 years old and over) than the NI average. In 20116, 19.8 per cent of Belfast residents were under 16 years (compared with 20.9 per cent in NI as a whole) and 19.6 per cent were aged 60 and over (compared with 21.5 per cent in NI as a whole). The Belfast Agenda and Local Development Plan ambitions are putting programmes in place to support the growth of the city’s population, by an extra 66,000 people by 2035.

A relatively high percentage of residents are single at 45 per cent compared with the NI average of 36.1 per cent. There is also a higher percentage of those who are separated and divorced (11.5 per cent), compared with the NI level of 9.4 per cent. Belfast also has a higher proportion of residents who are in a same-sex civil partnership at 0.13 per cent, compared to 0.09 per cent regionally. There are fewer married people at 35.6 per cent compared with the NI average of 47.6 per cent.

Same-sex marriage in Northern Ireland has been legal since 13 January 2020, following the enactment of the Northern Ireland (Executive Formation) Act 2019.

‘The duty under Section 75(1) to promote equality of opportunity between persons of different sexual orientation is obviously engaged in these circumstances. It should be noted that so too is the need to promote equality of opportunity between persons of different political opinions. In McKay v Northern Ireland Public Service Alliance [1994] NI 103, a political opinion was defined as “an opinion relating to the policy of government and matters touching the government of the state” (Kelly LJ at p 117).  In Lee v Asher’s Baking Company Ltd [2018] UKSC 49, the Supreme Court accepted that support for gay marriage is a political opinion for the purpose of Fair Employment and Treatment Order. 

A request was also received from the Chair of the Belfast Pride Festival, requesting the flying of the Pride flag at City Hall:

‘For Belfast Pride 2019, we will have part of the original mile long Pride flag designed by artist Gilbert Baker for the 25th anniversary of Stonewall, marked at New York Pride in 1994. We believe that the Pride flag flying from City Hall on Pride Day would complement this historic Pride flag leading the parade, further enhance what is now one the key city events and will be a further sign that Belfast is becoming the modern, progressive European city that the citizens of the city want it to be.’

Information on sexual orientation has not previously been collected in the census in Northern Ireland, however, a question on sexual orientation was included in the 2021 census, results of which are not yet available.  Stakeholder engagement demonstrated there is a strong user need for this information to inform policy development on both service planning and provision; and for monitoring purposes. The information gathered would provide a Northern Ireland-wide, definitive, baseline estimate of the population identifying as straight (heterosexual), gay or lesbian, and bisexual.

Other sources from 2017-2018 include the NI Continuous Household Survey and the NI Northern Ireland Life and Times Survey which estimate 97 to 98 per cent of the population identify as heterosexual with the remainder responding as gay, lesbian, bisexual or don’t know.

In its final regulatory impact assessment for the Civil Partnership Act 2004, the Department of Trade and Industry offered an estimate for the LGB population of the UK of between five and seven per cent. The Rainbow Project estimates that, on the basis of national and international research, one in ten people in Northern Ireland would not identify as being heterosexual.

According to ONS statistics, 2.0 per cent of the UK population identified themselves as lesbian, gay or bisexual (LGB) in 2017. ONS report that 1.2 per cent of the NI population identify themselves as LGB. The council currently has no data specific to Belfast or its workforce. However the rainbow flag now flies annual above City Hall which has been broadly welcomed as support for the LGBT+Q community. 

The most recent population estimate from NINIS the estimated population of Belfast Local Government District at 30 June 2017 was 340,220, of which 165,120 (48.5 per cent) were male and 175,100 (51.5 per cent) were female.

The publication of the Trans Data Position Paper by the Office of National Statistics in 2009 highlighted that the trans community, trans identities and gender identity matters have become more visible in society. There remains significant gaps in statistical data.

Stonewall’s current monitoring guide ‘Do Ask, Do Tell: Capturing data on sexual orientation and gender identity globally’ is aimed at monitoring employees and identifies key challenges on collecting data, including safety and appropriateness.

The correlation between gender and sexual orientation is complex with not all stakeholders agreeing on their assimilation under the banner of ‘LGBT’. The transgender community readily identify with the blue, pink and white flag.

The Census 2011 showed that 23.5 per cent of Belfast residents has a long term health problem or disability that limits their daily activities or the work they can do, compared with the NI average of 20.3 per cent.

In Belfast, 30.4 per cent of households include dependent children, compared with the NI average of 36.5 per cent. In Belfast, 12.1 per cent of households consist of a lone parent and a dependent child or children, compared with the NI average of 9.1 per cent.

At the time of the Census, 12.3 per cent of people stated that they provided unpaid care to family, friends, neighbours or others; this is slightly higher than the NI average of 11.8 per cent

The information gathered, both qualitative and quantitative, demonstrates the complexity of some of the issues relating to protected characteristics listed under Section 75.

Whilst the flying of the transgender flag on Transgender Day or Transgender Remembrance Day would most obviously have a positive impact on those from a transgender background, it is recognised that many people do not identify with one protected characteristic at the exclusion of another. The information presented demonstrates the correlations between sexual orientation, gender and religion, both positive and negative.

Minor positive

Minor

This is not applicable

The information gathered, both qualitative and quantitative, demonstrates the inter-relationships between the protected characteristics listed under Section 75. No specific opportunities to better promote equality of opportunity for one particular group have been identified in relation to this policy.

However, it is important for the work undertaken in City Hall, including the exhibition and stained glass windows which represents diverse backgrounds in Belfast, and the recently opened Changing Places facility, to be promoted as symbols of the city of Belfast, which aims to be welcoming, safe, fair and inclusive for all.

Good relations issues are conventionally understood to be between the two main communities in Belfast: Protestant/Unionist/Loyalist and, Catholic/Nationalist/Republican, including those from different racial backgrounds.

The group, Christians at Pride, exists to provide a joyful, loving, inclusive Christian presence at Pride festivals in London and elsewhere in the UK, including Belfast, as noted through our internal staff network. Its website notes: ‘Whether you're young or old, catholic or evangelical, lesbian, gay, bi, trans, asexual, or straight, you'd be so welcome to come and join us. Supportive friends, allies, family members and church leaders all very welcome too’.

The council ensures, as far as reasonably possible, that there is a balance between events and supportive action which are of relevance to the two main communities.

It should be noted that the transgender community will have multiple religious, political and racial identities. Hostile or violent incidents because of transgender identity are known as transphobic hate incidents. Raising awareness and visually supporting the transgender community in the city has the potential to help reduce transphobia, resulting hate crime and ultimately reduce the number of deaths caused by transphobic hate incidents.

The outcome of the council’s approach to an inclusive and diverse society may help address transphobic hate crime and counter any perceived impact. 

Comments and complaints from various groups.

Screened out
It is not necessary to conduct an equality impact assessment (no impacts)