Labour under pressure over delays to EHRC trans guidance

The Labour government has been accused by gender-critical groups of slow-walking guidance for schools and businesses following the Supreme Court ruling on the definition of a woman.

LGB Labour and Lesbian Labour both accused the government of adding “additional hurdles into the path of the much-awaited guidance” and warned further delay to the implementation of the Supreme Court’s ruling could result in “expensive litigation and reputational damage for the government and its departments”.

In April, the Supreme Court legally defined “sex” in the Equality Act 2010 as referring to biological sex, rather than gender identity. It also confirmed that trans people remain protected from discrimination under the Act’s gender reassignment provisions.

READ MORE: Labour members evenly split over approach to trans rights, poll finds

In a joint statement, Lesbian Labour and LGB Labour said they were “extremely disappointed” by delays in implementation and said: “Our Labour government has been given the perfect opportunity to put right the damage done by the Tories and ensure the Equality Act is now implemented correctly and in accordance with the law. 

“The legal rights of women, girls, lesbians, gays and bisexuals must be upheld. Further delay legitimises and perpetuates widespread illegal practice on the implementation of sex-based rights.”

Gender-critical group Labour Women’s Declaration has also expressed alarm at the delay and said: “The Prime Minister rightly welcomed the clarity of the Supreme Court judgement. It is beyond time for the government to act swiftly and decisively to ensure the law as clarified by the Supreme Court ruling is now implemented.”

READ MORE: ‘The Supreme Court Equality Act ruling raises more questions than it answers’

However, trans rights activists have said that the draft guidance is “unworkable” and called for radical changes before it is published. 

A Labour for Trans Rights spokesperson said: “We hope that the government has recognised that the EHRC’s draft guidance, as it stands, is unworkable and exclusionary, and must be radically changed before it’s appropriate.

“The government must ensure that an impact assessment is carried out in any new guidance and parliamentarians are able to have their say throughout this process.”

A government source hit back at accusations of a delay to the code as “total nonsense” and told LabourList: “This is a long and legally complex document and we are carefully considering it – and we make no apology for it.

“It would be catastrophic for single sex-services to follow guidance that wasn’t legally sound and then place them in legal jeopardy again. That is why it is vital we get this right.

“We have always been clear that the proper process needs to be followed, which includes understanding the potential impact on businesses, public functions and services.”

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A LabourList poll in August, conducted by Survation, found that Labour members are evenly split over the government’s approach to trans rights in the wake of the Supreme Court ruling.

Some 43% of members said the government was right to say trans women should be excluded from women-only spaces based on their biological sex, while 40% disagreed with the government’s stance.

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