High court judgement on 50swomen pension’s cannot stand – Jocelynne Scutt tells CEDAW People’s Tribunal

Dr Jocelynne Scutt

The president of the Cedaw People’s Tribunal, and a former judge, Jocelynne Scutt, said today that the decision by the Court of Appeal to turn down the judicial review into the handling of the rise of the pension age for 50s women will be overturned.

She was commenting on evidence to the tribunal from Christine Cooper, chair of accounting at Edinburgh Business School on the plight of 50s women and how CEDAR could redress the issue. She was giving evidence in a personal capacity.

Christine Cooper pointed out that the ruling -part based on the fact that the 1995 legislation allowed the Department for Work and Pensions to say they had no obligation to tell the 3.8 million women about changes to their pension would have wider implications for the rest of government policy if it was applied in other areas. For this reason alone it is likely to be challenged in other cases.

If the UN Convention on the Elimination of all forms of discrimination against women (CEDAW) was part of UK law it would seen as discrimination against a particular group on that ground alone.

Christine Coooer

Christine Cooper strongly defended the 50swomen saying ; ” This is a group of women who did all what was expected of them in society, brought up families and went back to work when they could. The way they have been treated is mad.”

She said if the government had spent the £6.5 million on an advertising campaign to get people to take out a second private pension instead on informing women about the change in 2001 they would have been more prepared. Instead it had only spent £80,000 47,000 leaflets many going to private finance advisers – the people who were most likely to know about it anyway. She said the worst affected people were those who were in low paid jobs, single women, divorced women, women from ethnic minorities and those who had worked part time.

She it was clear that there had been no impact study in 1995 on the effect it could have on the women and the impact study which covered the 2011 Pensions Act was based on how men would be affected. Most women only had months notice – while men had seven years notice of the rise in the pension age from 65 to 66.

She also revealed that the DWP does not keep any information on the gender pay gap ,the gap between the pension earnings of women and men. Instead a survey is done by Prospect, a Whitehall trade union, which revealed that the difference has remained stubbornly at 40 per cent for the last five years -meaning men will get a pension worth £7,500 more than women.

Occupational pension pots for women aged 65 are at present £35,800 – a fifth of the figure for men at the same age.

Government pressure to get trade deals will hit women’s pay – former civil servant

Janet Veitch- former civil servant with extensive knowledge of CEDAW

A former senior civil servant warned that both Brexit and the hostile environment against migrants were going to have a disproportionate effect on women’s rights.

Janet Veitch OBE  is a consultant in the UK and internationally on women’s rights, having worked for ten years for the UK Ministers for Women and as Director of the UK Women’s National Commission.

She is a founder member of the End Violence Against Women Coalition; Vice-Chair of ‘Equally Ours’ and an associate adviser on gender for the British Council. Janet was awarded the OBE for services to women’s rights in 2011.

Janet Veitch said that the UK leaving a market of 500 million people would profoundly affect the British economy because it had yet to find alternative markets. Pressure to get trade deals would lead to a downward pressure on wages and labour conditions, which would predominately affect women, as many were already in low paid jobs.

The ” hostile environment ” against migrants would also lead people to start to condone a critical attitudes against people who looked visually different to themselves. CEDAW might not be a complete panacea but it would force the government to do due diligence on a host of issues.

Horrendous statistics on how women are treated over maternity leave and costly child care

Joeli Brearley – campaigner on maternity rights

A horrendous picture of discrimination against pregnant women was outlined by Joeli Brearley to the tribunal.

Joeil,founder and CEO of ‘Pregnant Then Screwed’, a charity which protects and supports women who encounter pregnancy; maternity discrimination and lobbies the Government for legislative change. This was after being sacked when she was four months pregnant.  Joeli was awarded the 2019 Northern Power Women ‘’Agent of Change’’; and is an International Women Human Rights Defender.

She described the appalling position of pregnant women who were often sacked by employers but then found they could get no redress under the employment tribunal system She said they had, while heavily pregnant only three months to lodge a case, found it would cost them £8000 to do so and many had no knowledge of the law. As a result there were very few cases.

She said women were hit by two major issues -facing pay cuts if they lost their jobs as they had to seek part time work on low pay – and paying for the second most expensive child care costs in Europe.

Typical child care costs took 33 per cent of their salary while single mothers, it took 67 per cent of their earnings. The difference between maternity leave and male parental leave of just two weeks meant only three per cent of men took a major part in looking after the new born baby, even though many more men would have liked to do it. Those who did had a 40 per cent more chance of staying together.

She said the situation had worsened during the Covid 19 pandemic. She thought CEDAW would make a big difference.

Loneliness and misery for women in rural Britain

Nick Newland

Poor transport and health services, loneliness in the remote areas of the UK were all part of the problems facing women in rural England, Scotland, Northern Ireland and Wales.

Nick Newland is from the Association of Country Women Worldwide The organisation exists to amplify the voices of rural women, so that the problems they face and the solutions they raise are heard and acknowledged by international policy-makers and legislators. Rural women are the backbone of families/communities but they go unheard
in legislation, and they remain unprotected and unsupported. ACWW exists to change that.

He hoped CEDAW would lead to women have a much greater say in rural areas – and not just in the odd focus group -so they could get change in their area. He said transport was a major problem for many women – though it was better in Scotland and Wales than England.

He cited an example of one woman living in Monmouth who had to spend seven hours travelling to get a 15 minute jab against Covid 19 in Newport because of the bus timetable.

He also said that loneliness and isolation of women was a major issue – and had been made worse for women by the raising of the pension age. He said getting health care was also a big issue and there was a serious mental health crisis in rural Britain – some times aggravated by their farmer partners committing suicide. There were also cases of brain damage among women who had tried to commit suicide but had not succeeded.

” There is a desperate need for a national strategy , a better quality of life and equality for women in education and health.”

” We have already got one Pakistani here , we can’t take another one” – women’s refuge owner

Rosie Lewis at TUC backed rally

Rosie Lewis is Director of the Angelou Centre , Newcastle supporting the organisation’s services for Black women and girl survivors and has been involved in social justice activism for more than 25 years.

She has given evidence to CEDAW and to the Independent Inquiry into Child Sexual Abuse in order to ensure that the findings of both reflect the state response to violence against Black and minority ethnic women and girls. 

An appalling picture of the treatment of women from ethnic minorities now migrant women and children had been excluded deliberately by the government from new domestic abuse legislation was given by Rosie Lewis

She said they were now being excluded from access to justice, help from specialists and many professional organisations no longer want to know or help them. She cited the case of one woman fleeing a forced marriage being told by the person running a women’s refuge, ” We already have one Pakistani here, we can’t take another one.”

She said a city like Durham now had no specialist organisation that could help people in the surrounding rural areas.

She thought if the UK did adopt CEDAW in UK law it would raise awareness, and improve access to services for ethnic minorities.

Other witnesses.

There was also evidence given today from Catherine Casserley, a barrister specialising in employment, discrimination, and Human Rights law. Co author of ‘Disability Discrimination Claims: An Adviser’s Handbook’. She said CEDAW would make a big difference to the plight of disabled women, including increasing awareness, creating a willingness to change and give a proactive approach to achieving equality.

Cris McCurley, who studied Law at the University of Essex and is a Partner in Ben Hoare Bell LLP; and a member of The Law Society’s Access to Justice Committee. gave some damning evidence of the treatment judges gave in family courts towards ethnic minorities.

Rebecca J. Cook from Toronto University who has made a contribution to international women’s rights as an author, legal educator, editor, lecturer, and participant in numerous conferences sponsored by such organizations as the World Health Organization and Planned Parenthood. She gave a video interview on abortion issues facing women.

Lisa Gormley from the LSE Women’s Peace and Security Policy, gave a talk on violence against women and the role of the Istanbul Convention, which the UK has yet to sign up.

She is an international lawyer specialising in equality for women and girls. She has also worked closely for several years with the UN Special Rapporteur on violence against women, its causes and consequences Lisa a legal adviser in Amnesty International’s International Secretariat (2000-2014).

Finally there was also a video from Professor Diane Elson and Mary-Ann Stephenson analysing how much the government spends on women and the huge pay gap between women and men.

Mary-Ann is the Director of the Women’s Budget Group and has worked for women’s equality and human rights for over twenty years as a campaigner, researcher and trainer. She was previously Director of the Fawcett Society and a Commissioner on the Women’s National Commission.

Professor Diane Elson is Emeritus Professor at University of Essex; member of the UN Committee for Development Policy; and consultant to UN Women.  She has served as  Vice-President of the International Association for Feminist Economics and as a member of G7 Gender Equality Advisory Council (2018).  She one of the pioneers of gender analysis of government budgets.

Liz Truss’s thin initiative on equality: Political sloganizing without substance

Liz Truss international trade secretary

We are now getting used to Boris Johnson’s blustering empty slogans on current problems – whether it’s Covid 19 or Brexit. What I hadn’t realised until today it is obviously standard Cabinet speak for this government – as Liz Truss, the international trade secretary and women and equalities minister, has just done the same.

Her much trailed speech at the Centre for Policy Studies was full of crowd pleasing right wing jibes bashing the Left and talking of so called unrepresentative groups campaigning for black and ethnic minorities, gays and women but getting nowhere.

But when it came to what she wanted to offer it was pretty thin gruel. She is moving the Equalities Hub from London to the North and asking the Social Mobility Commission to research the geographical disparities across the country. Wow!

motherhood and apple pie

And some of the speech read – forgive me for being sexist – like ” motherhood and apple pie”.

“Now is the time to root the equality debate in the real concerns people face, delivering quality housing, cutting commute times, improving public transport, ending discrimination in our offices, factories and shop floors, and improving our schools so every child has the same chances in life,” she opined.

Politicians have been spouting these platitudes for decades. No one is going to stand on a platform of let’s build a new generation of slums, slash public transport and cut school budgets – even if the result of some policies -under Tory governments- has been to do this.

The truth is we already know what has happened to the North and the South West without any more research. I know having looked at life expectancy figures that people in posh Kensington live much longer than those in Blackpool. I have been to Sunderland and Skelmersdale and seen the narrow life chances of people who live there. And by the way if the Tories are so worried about the North- why did both places miss out on Robert Jenrick’s largesse in his town fund scheme- in favour of Cheadle and Southport ( both Tory marginal seats unlike the former two).

Rugged individualism

It is what she going to do about this that matters. Her solution seems to be that rugged individualism will solve the lot and miraculously lift the masses out of years of deprivation. Yet to have a big impact it has to be a big partnership involving local councils, communities and diverse interest groups. She seems to suggest that one compartmentalises equality -looking at social and economic class – and ignoring whether they are black, gay, women or white working class males. In a bizarre sort of way her analysis is almost Marxist – though she would be a million miles away from his solution.

She also doesn’t seem to know that she already possesses the power to do this under the Equality Act.

One reaction from Nell Andrew, GMB National Equality and Inclusion Officer ( no doubt one of those Lefties she doesn’t like) was:

“If Liz Truss is serious in her ‘new fight for fairness’, she could start by enacting Section 1 of the Equality Act that was passed in Parliament 10 years ago and which successive Tory administrations have refused to act on. This would force public institutions to adopt effective polices to reduce the inequalities that result from class or socio-economic barriers.  

“A drastic move away from recognising peoples lived experience, ignoring qualitive evidence, is a dangerous use of smoke and mirrors to attack equality and human rights legislation.  

“All major equality and employment laws came about because of workers and communities organising around issues like racism, sexism and homophobia; fighting for more equal rights for everyone. “

Dr Meghan Campbell from the Oxford Human Rights Hub

fracturing equality

Dr Meghan Campbell, Deputy-Director of the Oxford Human Rights Hub, and an expert on the UN  Convention on the Elimination of All Forms of Discrimination Against Women,(CEDAW) put it this way:

“Today’s statement appears to fracture equality between identity characteristics (race, gender etc) and socio-economic equality. The water-tight division between different types of equality is both misleading and highly strained. There are complex interactions between race, gender, disability, migration status, geography, religion, sexual orientation, gender identity and poverty. Historically marginalised groups have higher rates of poverty and political and social exclusion. “

“While there are some encouraging aspects focusing in on geographic equality and poverty, but these should not be pitted against race or gender equality as equality is not a zero-sum game.

” Poverty cannot be fully addressed without transforming the institutions and norms that perpetuate poverty against women and people of colour. The statement seems to be moving back to a very individualised vision of equality that ignores how larger structures, norms and institutions can trap people into disadvantage. “

So I am not impressed. If I am very cynical just a week ago she as equalities minister got advance warning that the UN CEDAW committee in Geneva has decided to seek the UK’s response on discrimination in relation to women as the Supreme Court decides whether to hear the Back To 60 pension discrimination case. I wonder if this among other matters prompted her rushed public response.