Watchdog urges Phillipson to speed up trans guidance

Women and Equalities Minister Bridget Phillipson has been urged to speed up her approval of new guidance on the use of single-sex spaces by trans people.

The Equality and Human Rights Commission (EHRC) says its new code of practice must be brought into force "as soon as possible" because some organisations are using old guidance, which is unlawful.

The updated code sets out how gyms, clubs and hospitals must judge certain spaces in the wake of a Supreme Court ruling in April.

The watchdog shared the guidance with Phillipson six weeks ago, but it has yet to be implemented. The government says it is taking its time to study the 300 page document.

EHRC chairwoman Baroness Falkner has written to Phillipson, who is also education secretary, for the approval process to be speeded up to prevent organisations relying on outdated advice.

The revised guidance can only gain legal force after it has been signed off by ministers, and laid in Parliament for 40 days.

"We have been told by some organisations that they intend to continue using this now unlawful code until the revised code is published, therefore allowing practices inconsistent with the law to persist," Falkner says in her letter.

"Our updated code of practice accurately reflects the law and is informed by the two public consultations we ran to ensure it is as clear as possible."

Baroness Falkner asked that the current code be revoked "as soon as possible" now that Parliament has returned from its party conference recess, so "that courts, tribunals and duty bearers are clear that it is no longer to be relied on".

Approval of an updated code was "particularly urgent considering the spread of misinformation and misleading information on the law following the Supreme Court judgment which continues to circulate widely," she added.

According to the draft EHRC code, a birth certificate could be requested by a sports club or hospital if there is "genuine concern" about what biological sex a person is.

It also said trans people can be excluded from competitive sport "when necessary for reasons of safety or fair competition", and gave an example of how some services might be able to adapt to "offer toilets in individual lockable rooms to be used by both sexes".

The Conservatives have accused Phillipson, who is running to be Labour's deputy leader, of delaying publication of the guidance to avoid losing support during the contest.

Shadow women and equalities minister Mims Davies has accused Phillipson of "her own career opportunities ahead of women's rights".

A source close to Phillipson described claims that the timing of publication was politically motivated as "utter nonsense".

"Our only consideration is ensuring this guidance protects the dignity and wellbeing of everyone in society," the source added.

Thirty two Labour MPs have written to the EHRC to reconsider its draft guidance, which they say will "open the door to discrimination and harassment against trans people".

Lucy Powell, Phillipson's deputy leadership rival, has said she believes the EHRC guidance goes too far - and has called for MPs to be given a vote on it.

Speaking at a fringe event Labour's annual conference last month, Powell said: "I think we have got some of the language not right on this, and particularly around some of the guidance that's coming forward.

"I really strongly feel like we need a robust and transparent parliamentary conversation about that, because when we're looking at applying the law as parliamentarians, we should have a say on that and that's something I'll be pushing for as well."

A government spokesperson said: "The government is considering the draft updated code and, if the decision is taken to approve it, the minister will lay it before Parliament.

"The proposed code of practice is over 300 pages long, so it is important that the correct process is followed."

Labour members have begun voting in the contest to replace Angela Rayner as deputy leader. The vote will close on 23 October, with the result to be announced on 25 October.