Women and Equalities Minister Bridget Phillipson is facing calls to expedite the approval of updated guidance concerning the use of single-sex spaces by transgender individuals.
The Equality and Human Rights Commission (EHRC) has emphasized the urgency of implementing its new code of practice, citing concerns that some organizations are relying on outdated and unlawful guidance.
This updated code outlines how establishments such as gyms, clubs, and hospitals should manage specific spaces, following a Supreme Court ruling in April.
The EHRC submitted the guidance to Phillipson six weeks ago, but its implementation is still pending. The government has stated that it requires time to thoroughly review the 300-page document.
EHRC Chairwoman Baroness Falkner has formally requested Phillipson, who also serves as Education Secretary, to accelerate the approval process to prevent organizations from operating under obsolete advice.
The revised guidance can only attain legal standing once approved by ministers and presented in Parliament for a 40-day review period.
“We have been informed by certain organizations of their intent to continue adhering to the currently unlawful code until the revised version is published, thereby perpetuating practices that are inconsistent with the law,” Falkner stated in her letter.
“Our updated code of practice accurately reflects the law and is informed by the two public consultations we ran to ensure it is as clear as possible.”
Baroness Falkner has requested the revocation of the existing code “as soon as possible,” now that Parliament has reconvened after its party conference recess, to ensure “that courts, tribunals, and duty bearers are clear that it is no longer to be relied on.”
The approval of the updated code is considered “particularly urgent considering the spread of misinformation and misleading information on the law following the Supreme Court judgment which continues to circulate widely,” she added.
According to the draft EHRC code, entities such as sports clubs or hospitals may request a birth certificate if there is “genuine concern” regarding a person’s biological sex.
The code also suggests that transgender individuals can be excluded from competitive sports “when necessary for reasons of safety or fair competition” and proposes that some services could adapt by “offer[ing] toilets in individual lockable rooms to be used by both sexes.”
The Conservative Party has accused Phillipson, a candidate for Labour’s deputy leadership, of delaying the guidance’s publication to maintain support during the election.
Shadow Women and Equalities Minister Mims Davies has alleged that Phillipson is prioritizing “her own career opportunities ahead of women’s rights.”
A source close to Phillipson dismissed claims of political motivation as “utter nonsense.”
“Our only consideration is ensuring this guidance protects the dignity and wellbeing of everyone in society,” the source added.
Thirty-two Labour MPs have appealed to the EHRC to reconsider its draft guidance, arguing that it could “open the door to discrimination and harassment against trans people.”
Lucy Powell, Phillipson’s rival in the deputy leadership race, has expressed concern that the EHRC guidance goes too far and has advocated for a parliamentary vote on the matter.
Speaking at a fringe event during Labour’s annual conference last month, Powell stated: “I think we have got some of the language not right on this, and particularly around some of the guidance that’s coming forward.”
“I really strongly feel like we need a robust and transparent parliamentary conversation about that, because when we’re looking at applying the law as parliamentarians, we should have a say on that and that’s something I’ll be pushing for as well.”
A government spokesperson commented: “The government is considering the draft updated code and, if the decision is taken to approve it, the minister will lay it before Parliament.”
“The proposed code of practice is over 300 pages long, so it is important that the correct process is followed.”
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