Single-sex space guidance for organisations to be published after May elections

Single-sex Space Guidance for Organisations to Be Published After May Elections
Bridget Phillipson, the equalities minister, stated that the government plans to release updated guidance on single-sex spaces following the 7 May elections next month. The Equality and Human Rights Commission (EHRC) submitted its revised draft guidance on Monday, yet election protocols prevent the government from making additional statements on the issue until after the 7 May polls.
Supreme Court Ruling and Legal Revisions
The EHRC’s Code of Practice, which guides public bodies and service providers on interpreting the Equality Act 2010, is being revised in response to a Supreme Court decision last April. The ruling clarified that the terms “sex,” “man,” and “woman” refer to biological sex under equality law across England, Scotland, and Wales. A preliminary draft was first proposed in September, with further adjustments made since then.
Dr. Mary-Ann Stephenson, chair of the EHRC, explained that the latest updates were influenced by a “narrow set of comments” from the government, alongside consultation responses and legal counsel. She emphasized that the changes aim to enhance clarity for organizations regarding the application of equalities law in everyday situations. “All service users will be treated with dignity and respect, aligning with the Equality Act,” she added.
Political Timeline and Government Actions
Phillipson highlighted the government’s “urgent action” to finalize the guidance, which will be presented to Parliament after the local elections in England and national votes in Scotland and Wales. The House of Commons will not reconvene until the State Opening of Parliament on 13 May, followed by a recess starting 21 May.
Reactions to the Draft Guidance
“The only viable solution is to uphold trans-inclusive provisions nationwide, adhering to international human rights standards and Labour’s commitments to the trans community,” said Alex Parmar-Yee of the Trans+ Solidarity Alliance, praising the amendments to the draft.
“It’s remarkable that a year post-Supreme Court decision and seven months after the regulator first introduced its Code of Practice, the government continues to delay finalizing the guidance,” remarked Maya Forstater, CEO of Sex Matters, criticizing the prolonged process as harmful to women.
Once approved, the new code will be laid before Parliament for 40 days, becoming statutory unless either MPs or the House of Lords pass a motion to reject it. The BBC has yet to review the latest version or the government’s feedback on the earlier draft, which had suggested trans individuals might be questioned about their physical traits or behavior when accessing single-sex services.
