ACCESS RESEARCH KNOWLEDGE Policy Brief

Moving towards a Sexual Orientation Strategy for Ann Marie Gray, Goretti Horgan and Amanda Leighton

Introduction equality requirements, concluded Straight and that a larger proportion This brief focuses on policy that a compulsory census was of men stated they were Gay, at 1.5 issues relating to sexual not a suitable means of collecting per cent, compared with women at orientation in NI and, in particular sexual identity information for the 0.7 per cent. A comparison by age on the issue of a sexual first time (ONS, 2006). However, in group shows that 2.7 per cent of 16 orientation strategy. It draws on 2009 a question on sexual identity to 24 year olds in the UK identified published research evidence and was included in the ONS Integrated themselves as Gay, Lesbian or the discussion at a Roundtable Household Survey (IHS). The most Bisexual compared with 0.4 per event organised by ARK in July recent IHS data (ONS, 2012) shows cent of 65 year olds and over. Figure 2013. Roundtable participants that 93.6 per cent of men and 1 below highlights that London included participants from the 94.2 per cent of women identified was the region with the highest lesbian, gay and bi-sexual themselves as Heterosexual/ proportion of adults who said they (LGB) community, a wide range of NGOs and representatives from statutory agencies and government departments. The event was conducted under the anonymity of reporting allowed under the Chatham House Rule to encourage open debate.

Context The 2011 census did not collect data on sexual orientation; as a result, this is the only equality strand on which the UK census does not collect information. The Office for National Statistics, while acknowledging the importance of such data for

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were gay, lesbian or bisexual and that Order give same-sex rights have been breached by a Northern Ireland was the lowest. parents in Northern Ireland public authority. rights as individuals in relation • The Equality Act (Sexual The Draft Sexual Orientation to adoptive/parental leave and Orientation) Regulations (NI) Strategy published under direct rule flexible working. 2006 provides a general in 2006 identified the main concerns prohibition of discrimination for LGB people to be areas such • The Criminal Justice (No.2) in the provision of goods and as health, employment, violence, (Northern Ireland) Order 2004 services on the grounds of sexual partnership rights and housing, in provides for increased penalties orientation. Similar legislation addition to specific issues for young for ‘hate-crime’ – offences had long previously been in people, minority ethnic LGB people motivated by hostility towards force in respect of discrimination and lesbian women (OFMDFM, a person’s race, religion, sexual on the grounds of sex, race, 2006). While some progress has orientation or disability. disability and marital status. been made, for example, in relation to partnership rights, LGB people • The Civil Partnership Act 2004 Key issues identified in continue to be discriminated came into force on 5 December research against and to suffer homophobic 2005. It created a new legal status bullying and violence. As a result, allowing adult same-sex couples Homophobic Bullying and they are more likely to leave school to gain formal recognition of Violence without qualifications or with poor their relationship. The first civil Research on the experiences qualifications. partnership ceremony held in of LGB people in the education the UK was in City Hall. system suggests that problems Northern Ireland has several pieces of and homophobic of legislation that seek to tackle • Section 75 of the Northern bullying are prevalent in schools. discrimination based on sexual Ireland Act 1998 requires public Carolan and Redmond (2003) found orientation. The 2006 Draft Sexual bodies in the region to have due that of a sample of 362 young people Orientation Strategy listed these as: regard to the need to promote who identified as LGBT, 44% had equality of opportunity between been bullied at school because of • The Employment Equality the nine categories of equality their sexual orientation. Those who (Sexual Orientation) Regulations groups, including persons of had been bullied made up a majority (NI) 2003. They implement different sexual orientations. of those who were on medication for in Northern Ireland the There is also a duty to promote depression (53%), had self-harmed sexual orientation strand of ‘good relations’, which requires (54%) and those who had attempted the European Employment public authorities to take a suicide (57%). A 2006 survey of Framework Directive, making pro-active initiating approach to 190 aged 15 to 25 years it unlawful to discriminate on contributing to a shared society, reported that two out of three of grounds of sexual orientation rather than responding to the those surveyed had difficulties in in employment and vocational effects of a divided one. school related to their sexuality training. They prohibit direct and almost half (45%) reported discrimination, indirect discrimin- • The Human Rights Act 1998 homophobic bullying (McNamee ation, victimisation and harass- sets out fundamental rights 2006). A more recent report ment. and freedoms as contained in published by the Rainbow Project the European Convention on and Cara-Friend (Boyd, 2011) found • The Employment (Northern Human Rights and individuals that homophobic language and Ireland) Order 2002 and can now challenge laws in the bullying is prevalent in schools with subsequent regulations to UK courts if they feel that their

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98% of LGB young people reporting the number of schools saying that the 2011/12 figure of 120. The hearing homophobic language from homophobic bullying is wrong has sanction detection rate for crimes pupils, teachers, non-teaching staff more than doubled, to 50 per cent. with a homophobic motivation for and visitors to the school. Schubotz 2012/13 is 16.8%, an increase on and Sinclair’s study (2006) of the It is difficult to obtain a true estimate the 2011/12 figure of 15% (PSNI, development of bullying policies in of levels of homophobic violence 2013). schools (primary and post primary) in Northern Ireland because of lack in Northern Ireland found that of reporting and problems with the These Northern Ireland figures are schools anti-bullying polices did collation of data. The “Through Our in line with the experience of LGBT not include any reference to lesbian Eyes” research carried out by The people across the EU. In 2012, and gay related bullying and that in Rainbow Project into LGB people’s the European Union Agency for general, bullying incidences were experiences and perceptions of Fundamental Rights (FRA) published treated the same, regardless of their homophobic hate crime and policing the results of its online survey into nature. This is attributed to even in Northern Ireland found that one the experiences of hate crime and the discussion of in five (21%) of LGB people had discrimination of over 93,000 LGBT being regarded as threatening. been the victim of a homophobic people across all 27 EU Member In Britain, the 2010 Equality and hate crime in the previous 3 years States and Croatia. It found that Human Rights Commission’s “How and one in ten had been the victim nearly half of all respondents had felt Fair is Britain?” report revealed that of a homophobic hate crime in the discriminated against on grounds of that two-thirds of lesbian, gay and past year. The study also found that sexual orientation in the year before bisexual students in Britain report two out of every three homophobic the survey LGBT people were being bullied. While nearly half of hate crimes were never reported frequently victims of hate crime and all secondary school teachers in to the police (O’Doherty, 2009). harassment. About a quarter (26%) England acknowledge that such More recently, the 2011 report of all respondents said they had been bullying is common, just 1 in 6 by the Equality Commission attacked or threatened with violence believe that their school is very active revealed that eight out of 10 people in the last five years. High levels of in promoting respect for lesbian, gay who experienced homophobic under-reporting were also detected: and bisexual students and only 6% discrimination in Northern Ireland just 22% of the most serious violent of schools have policies targeting do not report the crime, convinced incidents against LGBT people in the homophobic bullying. The School there is no point. five year preceding the survey were Report Stonewall (2012), showed reported to the police. Furthermore, The 2012/13 Police Service for that more than half of the 1,600 almost half of all respondents Northern Ireland (PSNI) figures gay young people surveyed (aged believed that offensive language for recorded homophobic hate between 11 and 19) had suffered about LGBT persons by politicians incidents reveal the highest figures from homophobic bullying (including was widespread in their country of recorded since 2004/05. At 246, the cyberbullying) while at school. Three residence (FRA, 2013). number of homophobic incidents for in five of these said that teachers 2012/13 had increased by a quarter who witnessed bullying never Mental Health Issues from the 200 recorded in 2011/12. intervened and only ten per cent of Analysing the 2005 Young Life and However it may be that because of gay pupils reported that teachers Times (YLT) Survey, McNamee et partnership working, the increase challenged homophobic language al (2006) found that young people has been in reporting rather than every time they heard it. However, who said they were sexually experience of homophobic incidents. the study also highlighted that levels attracted to people of the same The number of homophobic crimes of homophobic bullying have fallen sex were significantly more likely reported also increased to 149 from by 10 per cent since 2007 and to have poor mental health and

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Chart 1: Homophobic hate incidents and crimes recorded by the PSNI communities and people living in 2004/05 to March 2012/13 poverty. There is also some evidence that LGB people with learning disabilities have even higher rates of mental ill-health than the general LGB community.

Issues facing older LGB People There is a dearth of research on issues facing older lesbian, gay and bi-sexual people in Northern Ireland. What we do know is that older GLB people will have grown up at a time when homophobic attitudes were very prevalent and when there was no protection in to say they had been bullied at both-sex attracted young women law. Their experience of ageing, school. They also found evidence and 25% of same-sex and both-sex including their health outcomes may that same/both-sex-attracted 16 attracted young men scored more be affected by the discrimination year olds experience higher levels than 4 points on the General Health they have experienced or expect of social pressure than their Questionnaire 12 scale compared to counter. International evidence opposite-sex-attracted counter- to 15% of all male respondents and points to poorer health outcomes parts to engage in behaviours that 28% of all female respondents. for LGB than for the heterosexual may damage their general and population (Frish et al, 2003; Wang mental health, such as drinking Such poor emotional and mental et al, 2007). The challenges faced alcohol, taking illegal drugs or health in youth translates into poor by older people who are gay, lesbian losing weight. Similar findings mental health in later life, as prejudice, or bisexual are complicated by the emerged from analysis of the discrimination and oppression have fact that older people’s sexuality 2008 YLT Survey which also been shown to impact on emotional is an issue which is often ignored asked about emotional and mental well-being (Wilkinson and Pickett, by service providers – for example well-being and about self-harm. 2009). Quiery (2006), in her study in the provision of residential and Four out of 10 same-sex-attracted of the health needs of lesbian and nursing care. A Northern Ireland 16-year-olds reported emotional, bisexual women in Northern Ireland study by the Rainbow Project and mental, or personal problems, reported that lesbian and bisexual AgeNI (2011) on making care homes compared with less than a women are up to 2-3 times more more inclusive for LGBT people quarter of opposite-sex-attracted likely to attempt suicide and have identified a lack of training provided 16-year-olds. Nearly 4 in 10 higher levels of self-harm than their to those working in care homes same-sex-attracted young people heterosexual counterpart. The aimed at improving practice for said they thought about self- Bamford Review of Mental Health LGBT people; a lack of processes harming (39%), more than 3 and Learning Disability (2005) to identify the sexual orientation of times the incidence among recognised the higher risk of mental people, including at assessment opposite-sex-attracted respond- ill-health faced by LBG people, as stage and generally residential care ents. Schubotz and O’Hara (2011) well as other marginalised groups being predicated on the assumption report that 44% of same-sex and such as ethnic minorities, rural that all residents are hetereosexual.

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Public Attitudes to LGB would be with each of the following: the Young Life and Times Survey. People if a close friend was gay; their MP, In the 2012 Survey 67% of 16 years In 2012 the Northern Ireland Life a work colleague, someone they olds ticked that they knew someone and Times Survey asked a number manage in a new job, their boss in personally in their school or college of questions exploring attitudes to a new job, a brother or sister, their who is gay, lesbian or bisexual, gay, lesbian and bi-sexual people GP, their child, their child’s teacher 19% indicated they knew someone and issues affecting gay people. A or their local religious representative. in their neighbourhood, 25% said number of these questions had been In almost every case over 70% of they knew a close friend who was asked in previous NILT surveys, but respondents said they would be gay or lesbian. The majority (61%) many were asked for the first time. very or fairly comfortable. The of 16 years olds said they would exceptions were if it was their be comfortable around people who Just over half (52%) of respondents child who was gay (59%), a child’s identify as gay, lesbian or bi-sexual to the 2012 survey feel that gay/ teacher (67%) or a local religious with 16% saying they would be lesbian and bi-sexual people were representative (59%) who was gay. uncomfortable. Yet, there is also treated better, worse or the same In all cases women were more likely evidence of prejudice behaviour compared to 5 years ago; a sizeable to say they would be comfortable towards gay and lesbian people. minority (29%) said they were treated with such situations as were people When asked if any of their friends the same and 9% said worse. When in the 25-44 age group, Catholics called someone names to their asked about their own prejudices and those of no religion. face, 20% of YLT respondents said the majority of people feel they are their friends sometimes did with 7% The survey also explored attitudes not prejudiced at all. reporting that their friends often did. to changing family forms. Just over Only 3% said that they themselves There are differences in attitudes a third of people think that a lesbian had sometimes called someone according to religious identity and in couple with a child is a family with a names to their face because they relation to age of respondent. People further third thinking they ‘probably’ saw them as gay or lesbian. between 25 and 44 years are more are. However, only 13% of over 65s likely to describe themselves as not felt this was the case. Similar attitudes Issues discussed at the prejudiced at all against gay men were expressed about a gay couple Roundtable with over 80% in those in the 25-44 with a child. Most people (57%) are The roundtable discussion opened year age group saying this compared in favour of marriage between same with a general overview of legislation to just over 60% of people over sex couples being recognised by that is currently in place to tackle 65. Catholics are more likely than the law as valid. The age, gender discrimination based on sexual Protestants to describe themselves and religious differentials apparent in orientation. It was acknowledged as not prejudiced (for example 63% previous questions are also evident that whilst much progress has been of Protestants compared to 78% in this issue. In relation to same sex made towards achieving equality in of Catholics in relation to prejudice adults adopting children, findings relation to sexual orientation over against gay men). The group most from the 2012 survey reveal some the last few decades, the issues likely to describe themselves as not softening of attitudes compared to and disadvantages that affect prejudiced is those of no religion – 2008. Whereas in 2008, just 17% the everyday lives and equality 87%. Figures in relation to prejudice of respondents approved or strongly of opportunity of LGB people in against lesbians are very similar. approved of such adoptions this Northern Ireland have not notably had increased to 39% in 2012. In 2012 the NILT explored if attitudes improved. It was noted that a differed across a number of social We also know something of the number of areas for discussion distance scenarios. People were attitudes of young people in Northern could be highlighted from the asked about how comfortable they Ireland from data collected through findings emerging from survey data

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and qualitative research including: homophobic bullying for example they are gay or lesbian. School attitudinal issues; availability and to be calculated and monitored. environments also contributed to accuracy of range of data – including Similar problems were identified in young people learning to keep their data on hate crimes; education relation to hate crimes as outlined in sexuality secret whereas if schools issues, including homophobic the context section above. demonstrated that they are inclusive bullying; health issues; and the of young LGBT people, including need to look at the issues from the Children and Young creating a physical space that perspective of the rights of LGB People makes young people feel welcome, people. Much of the discussion focused on then they are more likely to see children and young people. It was themselves as welcome in the world Invisibility and felt that the experience of LGB (or around them. lack of data LGB-perceived) children and young A number of issues raised are A number of examples were people as they progress through the particularly relevant to the Depart- provided to illustrate the problems first learning stages of their lives can ment of Education – the ‘Invisibility’ resulting from lack of data and be quite hostile with homophobia of LGB issues in departmental, failure to monitor adequately. This and homophobic bullying identified board and school policies; the was seen as a significant cause as a serious and prevalent problem curriculum content with regard to of the ‘invisibility’ of LGB people. in schools across Northern Ireland. LGB issues and the need to provide Reference was made to the fact that Participants spoke of the way in 1 young people with opportunities the Department of Education does which heteronormativity resulted to learn about and discuss LGBT not monitor for sexual orientation in many of these issues going issues and homophobia. in surveys and how there is a lack unchallenged and unaddressed and how institutionalised heterosexuality of monitoring systems in schools The pivotal role of the youth sector discriminates against LGB students. to record homophobic bullying in supporting young LGB people This was exemplified by examples (currently many schools record and challenging discrimination and of how LGB issues at school are incidences of bullying but not the stereotypes was discussed. While missing from policy and practice motivation). There was a strong there are examples of innovative resulting in LGB students not being focus on the role of Section 75 youth work, concerns were raised afforded the same protection as and the application of Section 75 about the potentially negative impact their heterosexual peers. to schools with regard to sexual of some of the proposals set out in orientation. The fact that it is up The positive role which schools could the Priorities for Youth consultation to schools to decide how, and to play in encouraging young people document (DE, 2013). This includes what extent, this is applied was to feel comfortable and confident the suggestion that youth sector seen as problematic by many about their sexuality was discussed. responsibility will generally not participants. However, it was also Too often, it was argued, schools extend beyond 19 years. Young cautioned that it was not necessarily pathologised gay and lesbian people may only be coming to going to be appropriate for schools young people by directing them to a terms with their sexuality at that to implement the legislation in counsellor as soon as they mention age and be in a position to seek the same way that government and benefit from the kind of help departments and employers are 1 Heteronormativity can be understood as and support offered by professional required to. Having said that, there ‘the view that institutionalised heterosexuality constitutes the standard for the legitimate youth work projects. It was argued was strong agreement that schools and prescriptive sociosexual arrangements’. that the suggestion in Priorities for should be mandated to record data It is the daily practice where LGB students are inadvertently discriminated against by the Youth that the youth sector could in a particular and consistent way presumption that everyone is heterosexual; the heteronomative ethos which underpins the school continue to work with young people which would enable the scale of (Flattery, S. 2013). over 19 years if they are a ‘problem’

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would create further problems as Participants were concerned that o Should require cross it would be highly stigmatising. a strategy should be sufficiently departmental engagement and Participants pointed to evidence robust to challenge government commitment to the strategy of innovative work to support gay, departments to tackle the issues -particularly regarding policy lesbian and bi-sexual people and that affect the LGB community and areas such as domestic tackle inequality and disadvantage. facilitate departments being held violence, hate crime, health and For example, an independent to account for progress. Those education. evaluation of YouthAction’s Out present queried the commitment o Should require and provide for and About Project, which supports of OFMDFM to deliver a strategy cross department coordination the personal development of young given the track record to date of and training. women aged 16-25 who identify as not meeting published deadlines o Should link in with other other than heterosexual, (Keenan, for delivery. It was agreed that the government strategies i.e. the 2010), highlighted how the project Sexual Orientation strategy: Gender Equality Strategy and had successfully challenged Older Person’s Strategy. prejudicial attitudes towards young o Should be accompanied by a o Should take into account and lesbian and bi-sexual women and robust action plan comprising provide for the needs of older provided opportunities for a wide an appropriate number of LGB people, including in care range of professionals to learn applicable actions that might homes. about the lives of the young women be measured over time and o Should be based on relevant involved in the project. A key factor that implementation and statistical and research linked to the success of this project administrative arrangements information. Availability and and others was its location within must be properly thought disaggregation of data should the mainstream youth sector and through. also be improved to ensure that the way in which promoted among o Should be the overall responsi- the strategy can be appropriately marginalised young women their bility of OFMDFM and that the monitored. right to access relevant youth work Department should establish services. a strategy management/ References monitoring body that includes Boyd, G. (2011) Left Out of the stakeholder representatives Equation: A Report on the Experiences A Sexual Orientation of Lesbian, Gay and Bisexual Young Strategy o Should cover a period of time People at School. Cara-Friend and The Although there was consensus that a no longer than 5 years, though Rainbow Project 3 years would be preferable. Sexual Orientation Strategy needed Carolan & Redman (2003) ShOUT: The to be developed and implemented o Should have an adequate budget Needs of Young People in Northern as soon as possible, participants which would take into account Irelnd Who Identify as Lesbian, Gay, the poor support provided to Bisexual or Transgender, Belfast: were clear about what would be YouthNet/Department of Education required to ensure the successful LGB organisations to date (It was noted that given the size of the Equality Commission (2012) Equality development and implementation Awareness Survey 2011, Belfast: LGB community—6,000-10,000 of a strategy. Participants agreed Equality Commission. Accessible at: that top/down leadership is required people—there are fewer than 20 http://www.equalityni.org/archive/pdf/ with Ministers being seen to accept staff employed in total and the DYMMSurveyMainReport(webB).pdfit and embrace it. This was argued only organisation representing Flattery, S. (2013) Homophobia and to be critical to other sectors and the lesbian community has Heteronormativity in the School just two staff, funded through Environment: An Irish case Study. professionals changing attitudes Critical Social Thinking: Policy and the lottery with funding ending and behaviour. Practice, Vol.5. December 2013).

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FRA (2013) EU LGBT survey, FRA- European Union for Fundamental Rights. http://fra.europa.eu/sites/default/files/eu-lgbt-survey-results-at-a-glance_en.pdf Frisch, M., Smith, E., Grulich, A., & Johansen, C. (2003) Cancer in a population based cohort in men and women in registered homosexual partnerships, American Journal of Epidimiology, 157, 11, 966-972 Hanssson, U., Depret, M, & Fitzpatrick, B (2007) Equality Mainstreaming. Policy & Practice for LGB People . Institute for Conflict Research. Keenan, P (2010) Letting Me Be Me – an independent evaluation of YouthAction NI’s Out and About Project, Belfast: YouthAction Kirklees NUT Prevalence of Homophobia survey of 900 teachers, 2012 McAlister, S, Gray, AM and Neil, G. (2007) Still Waiting: the views and experiences of young women growing up in NI, Belfast: YouthAction NI McDermot, M. (2011) Through Our Eyes’ Experiences of Lesbian, Gay and Bisexual People in the Workplace, The Rainbow Project. http://www.rainbow-project.org/assets/publications/TOE_mcd.pdf McNamee, H. (2006) Out On Your Own: an examination of the mental health of young same-sex attracted men, Belfast: The Rainbow Project. McNamee, H., Lloyd, K. and Schubotz, D. (2008) Same Sex Attraction, homophobic bullying and mental health of young people in Northern Ireland. Journal of Youth Studies, 11 (1), pp33-46. Northern Ireland Life and Times Survey (2012) http://www.ark.ac.uk/nilt/2012/LGBT_Issues/index.html ONS (2006) 2011censussexualorientationbackground_tcm77-181159.pdf ONS (2011) Integrated Household Survey April 2011 to March 2012: Experimental Statistics. http://www.ons.gov.uk/ons/dcp171778_280451.pdf PSNI (2013) Incidents and Crimes with a Hate Motivation Recorded by the Police in Northern Ireland: Quarterly Update to March 2013 Quiery, M. (2006) Invisible Women: A Review of the Impact of Discrimination and Social Exclusion on Lesbian and Bisexual Women’s Health in Northern Ireland, Belfast: LASI Rainbow Project and Age NI (2011) Making this home my home:making nursing and residential more inclusive for older lesbian, gay, bisexual and/or transgender people, Belfast: Rainbow Project and AgeNI Schubotz, D. and O’Hara, M. (2011) A Shared Future? Exclusion, stigmatisation and mental health of same-sex-attracted young people in Northern Ireland, Youth and Society 43, 2, 486-506. Wang, J., Hausermann, M., Ajdacic-Gross, V., Aggleton, P., & Weiss, M.G. (2007) High prevalence of mental disorders and comorbidity in the Geneva Gay Men’s Health Study, Social Psychiatry and Epidemiology, 42, 5, 414-20. Wilkinson, R. & Pickett, K. (2009). The Spirit Level: Why More Equal Societies Almost Always Do Better. London: Allen Lane The Ark Policy Unit works to develop a facility for a critical appraisal of policy which is based on knowledge and evidence and to encourage public engagement with Social Policy. Ann Marie Gray is a Senior Lecturer in Social Policy at the University of Ulster and Director of the ARK Policy Unit. Goretti Horgan is a lecturer in Social Policy at the University of Ulster and assistant Policy Director at ARK. Amanda Leighton is a Research Associate with the ARK Policy Unit.

ARK ARK INCORE, Magee campus School of Sociology, Social Policy and Social Work University of Ulster Queen’s University Belfast /Londonderry Belfast BT48 7JL BT7 1NN

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