Officials at the Westminster Parliament have been criticised for their delay in implementing the Equality and Human Rights Commission (EHRC) guidelines for single-sex facilities within the building.
On 16 April, the Supreme Court ruled that ‘sex’ in the Equality Act refers to biological sex. Baroness Falkner of Margravine, who chairs the EHRC, urged organisations to immediately update their guidance or risk legal action.
The EHRC has launched a consultation on updated guidance. Once approved by Parliament, it will have statutory status. However, Parliament and a number of other organisations have said they will wait for the consultation process to finish before making any policy changes.
‘Done and dusted’
Baroness Falkner said: “The Houses of Parliament are waiting for our guidance: our guidance is now there”.
She explained that the only changes that would be made to the guidance would be the practical examples listed within it, not the legal interpretation of the Supreme Court ruling: “The law is done and dusted, the law is not going to change.”
The chairwoman asserted, “the law of the land applies to the Houses of Parliament”, adding “it would be quite extraordinary if Parliament didn’t find itself covered by the laws of the land”.
‘No excuses’
Maya Forstater, Chief Executive of women’s rights organisation Sex Matters, said: “If one institution in the country should show leadership in following the rule of law, it’s the one where the law is made.
She stated: “It’s shameful that the UK’s flagship public sector bodies, from Parliament and the civil service to NHS trusts, as well as many third sector organisations and private companies, have dragged their heels.”
Forstater added: “The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it.”
Guidance
The EHRC stated: “If somebody identifies as trans, they do not change sex for the purposes of the Act, even if they have a Gender Recognition Certificate (GRC).”
It also added that if a man who identifies as a woman is allowed in women’s facilities, “this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex”.
When challenged on how this will be enforced, Lady Falkner said: “In terms of ‘toilet police’ and people having to carry their birth certificates – we are a society where trust is important. People should be asked respectfully, carefully and only where necessary.”
Poll: Over half of adults back Supreme Court’s trans ruling
Senator calls for Ireland’s sex-swap law to be repealed
‘Schools have legal duty to provide single-sex toilets’, Court of Session rules