The new head of the equality watchdog has stated to the BBC that while a “toilet police” is not anticipated, adherence to forthcoming guidance on single-sex spaces is expected.
Dr. Mary-Ann Stephenson, chair of the Equality and Human Rights Commission (EHRC), expressed optimism that “things could be sorted out if there is goodwill and recognition that everybody has rights.”
The guidance, intended for businesses and service providers, was developed following a unanimous Supreme Court ruling in April that legally defines a woman by biological sex under the Equality Act 2010.
Dr. Stephenson’s interview with Laura Kuenssberg, broadcast on Sunday, marks her first public appearance in her new capacity.
The EHRC submitted the guidance to the government three months ago; however, its formal publication, which would grant the code of practice legal authority, is still pending.
The guidance aims to advise businesses and services—including women’s shelters, gyms, hospitals, and shopping centers—on implementing the Supreme Court ruling.
According to the leaked 300-page document seen by the BBC, single-sex spaces should be exclusive to individuals of the same biological sex; otherwise, they lose their single-sex designation.
This implies that a trans woman—a biologically male individual who identifies as a woman—would not be permitted to use women’s restrooms and changing rooms.
The guidance suggests that businesses or services may legitimately request individuals to provide “proportionate means” of confirming their eligible sex.
This has sparked controversy and discontent among some transgender rights advocates.
Dr. Stephenson told the BBC: “Nobody is expecting there to be a toilet police.”
“But equally if there are situations where there are complaints about regular problems, then people might need to… improve signage, improve explanations, or make sure they have got alternative provision.”
She expressed her expectation that both service providers and users of these services will “follow the rules.”
Dr. Stephenson faced questioning about the facilities trans people should use in the absence of alternatives, and what businesses should do if they lack the space or resources for additional provisions.
She responded: “There’s often unisex provision and where there isn’t, as I say, we need to think more broadly about how we make sure those that those facilities are available…”
“If you’ve got, you know, two self-contained cubicles, one of which is labelled men and one of which is labelled women, then the most sensible thing in those circumstances for a service provider to do is to make both of those unisex.”
Dr. Stephenson was appointed to her position in July and commenced her duties earlier this month.
Her appointment was met with opposition from some trans rights activists, partly due to her donation to the case of lawyer Allison Bailey, who partially won a tribunal claim alleging discrimination based on her gender-critical views.
During the interview, Dr. Stephenson affirmed her ability to remain objective when addressing trans issues.
She stated that her donation to the case stemmed from her frustration with situations where “women were being harassed and losing their jobs on the basis of lawfully held beliefs.”
She expressed concern over the experiences of some women “when trying to have meetings to discuss proposed changes in the law.”
“I thought it was important that actually in a democracy, if there is a proposed change to the law, people should be able to meet and discuss those changes without violence or intimidation,” she said.
“If that’s taking a side, it’s taking a side on the side of kind of democratic norms and open discussion and dialogue.”
The full interview will be on Sunday with Laura Kuenssberg.
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