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 has announced that the UK government will publish new guidelines on gender-specific spaces in June, following the May 7 elections. The updated draft from the Equality and Human Rights Commission (EHRC) was submitted earlier this week, but the government is currently unable to make further statements due to electoral procedures, according to Phillipson’s written response to MPs.

Legal Revisions Prompted by Supreme Court Ruling

The EHRC’s Code of Practice, which assists organizations in implementing equality law, is being revised after the Supreme Court clarified that the term “woman” under the Equality Act must be defined by biological sex. A preliminary version was shared in September, but recent modifications reflect input from the government, public feedback, and legal counsel. Dr. Mary-Ann Stephenson, EHRC chair, stated the changes aim to enhance clarity for service providers in applying the law across everyday scenarios.

Once finalized, the guidance will be presented to Parliament for 40 days of review before becoming statutory. If approved, it will require legislative endorsement from either the House of Commons or the House of Lords to be enacted. Phillipson emphasized the government’s commitment to maintaining single-sex spaces based on biological sex, aligning with the Supreme Court’s interpretation of the Equality Act.

Debates Over Trans Inclusion and Delayed Implementation

A leaked draft from November suggested trans individuals could be assessed for access to single-sex services based on their physical traits or conduct. Alex Parmar-Yee of the Trans+ Solidarity Alliance welcomed the revisions, calling the earlier version “unworkable.” She argued that the most viable approach is to uphold trans-inclusive policies nationwide, consistent with international human rights norms and Labour’s pledges to the trans community.

“The only workable solution is to protect the norm of trans-inclusive provision across the country, in line with international human rights standards and Labour’s own promises to the trans community,” Parmar-Yee said.

Maya Forstater, CEO of Sex Matters, criticized the delay, stating it has harmed women’s rights. “It’s extraordinary that a year after the Supreme Court’s decision and seven months after the regulator submitted its initial guidance, the government has yet to finalize the rules,” she remarked.

“It’s extraordinary that a year after the Supreme Court judgement, and seven months after the independent regulator first submitted its Code of Practice, the government has found another excuse for delaying the guidance,” Forstater said.

The EHRC’s code will guide public institutions and service providers in interpreting the Equality Act 2010, particularly in light of the Supreme Court’s ruling in the For Women Scotland case last April. This decision established that terms like “sex” and “woman” should refer to biological sex under equality legislation. BBC News has not yet reviewed the latest version of the guidance or the government’s feedback on the prior draft.