NI equalities watchdog dithers over defining ‘sex’ as biological

The Equalities Commission for Northern Ireland (ECNI) has been criticised for stalling over the Supreme Court’s judgment on ‘sex’ in the Equalities Act.

In April, the UK’s highest court ruled that the terms ‘woman’, ‘man’ and ‘sex’ in the Equality Act 2010 (EA 2010) refer to biological sex in a unanimous decision.

But the equalities watchdog stated that because Northern Ireland has different equality laws to Great Britain, the ruling does not apply. It has published a paper on its response to the judgment, opened a consultation, and requested the High Court of Justice in Belfast provide further ‘clarity’.

‘Nuanced and complicated’

Geraldine McGahey, Chief Commissioner of the ECNI, said: “the situation in Northern Ireland, in respect of this matter, is much more nuanced and complicated”.

The ECNI’s paper explained that “equality legislation in Northern Ireland must be interpreted in light of European law” and that it is “far from certain that European Union Law sees ‘sex’ as being limited to biological sex only”.

McGahey added that the ECNI aims “to create a robust framework for offering guidance”, and that it hopes to “avoid the toxicity which has sometimes characterised the debate” around balancing the rights of biological women with the desires of men who say they are women to access female-only spaces.

Ideological agenda

TUV leader Jim Allister accused the ECNI of “seeking to kick the can down the road” by asking for further clarity from the High Court, claiming officials have “exposed themselves as being deeply influenced by a profoundly dangerous ideology”.

He said: “The document published today marks a clear departure from the Commission’s statutory role as an impartial guardian of equality law. Instead, it reveals an organisation now actively promoting a controversial ideological agenda.

The former barrister continued: “Let me be clear: this paper is not neutral guidance. It is a political document dressed in legal language. It seeks to redefine key concepts like ‘sex’ and ‘gender reassignment’ in ways that go far beyond what our domestic law currently recognises — and flies in the face of the clarity brought by the Supreme Court.”

Women’s safety

Women’s Rights Network NI Equality and Legislation spokeswoman Kirsty Montgomery raised concerns over the safety of women: “Organisations here have fallen victim to a dangerous ideology which has forced them to believe that gender self-identification should come before the law. This misinterpretation is now being allowed to continue as the ECNI has not taken a firm stance.”

She explained her belief that the High Court will support the Supreme Court’s ruling: “Self-determination is not law here and is not consistent in the EU. We would argue that any different interpretation here would be a diminution of women’s rights.

“It is perfectly legal to discriminate. What is not legal is for the rights of trans people to infringe on the rights of women.”