Single-sex space guidance for organisations to be published after May elections

Single-Sex Space Guidance to Be Released Post-May Elections

Equalities minister Bridget Phillipson stated that the government plans to unveil updated guidance on single-sex spaces in June, following the 7 May elections. The Equality and Human Rights Commission (EHRC) had previously submitted a revised draft of the guidance, but electoral procedures have delayed further official announcements. Phillipson informed MPs via a written statement that the government is currently unable to proceed with additional comments on the matter.

The EHRC’s Code of Practice, which outlines how organizations should apply equality law, is undergoing revision due to a Supreme Court decision that redefined “woman” under the Equality Act as being determined by biological sex. The initial draft was presented for approval in September, but subsequent changes have been made. Dr. Mary-Ann Stephenson, the EHRC chair, noted these amendments were influenced by government feedback and legal consultations, aiming to improve clarity for duty bearers on the law’s application in everyday scenarios.

Stephenson emphasized that the updated guidance would ensure individuals utilizing services are treated with dignity and respect, as mandated by the Equality Act. Phillipson highlighted the government’s commitment to swiftly laying the guidance before Parliament after the 7 May elections, which include local elections in England and national contests in Scotland and Wales. The House of Commons will reconvene after the elections but not until the State Opening of Parliament on 13 May, when it will break again for a recess on 21 May.

The EHRC’s revised Code of Practice addresses how public bodies and service providers should interpret the Equality Act 2010, particularly after the Supreme Court’s ruling in April on the case of For Women Scotland. This decision clarified that the terms “sex,” “man,” and “woman” refer to biological sex in the context of equality law across the UK. BBC News has not yet reviewed the latest guidance or the government’s response to the earlier draft.

“The only viable solution is to uphold trans-inclusive provision nationwide, aligning with international human rights standards and Labour’s pledges to the trans community,” said Alex Parmar-Yee of the Trans+ Solidarity Alliance.

Maya Forstater, CEO of Sex Matters, criticized the delay in publishing the guidance, arguing that it has negatively impacted women. “It’s astonishing that a year after the Supreme Court’s ruling and seven months after the regulator first submitted its Code of Practice, the government continues to justify the delay,” she remarked. Once approved by the government, the new code will be presented to Parliament for 40 days, after which it will become statutory unless a motion to reject it is passed by either MPs or the House of Lords.