MPs seek assurance that UK gender guidance will not ignore trans people

A cross-party committee of MPs has written to the UK’s equalities watchdog to question assurances that its guidance connected however organisations construe the landmark ultimate tribunal ruling connected sex issues does not disregard the needs of transgender people.

The missive from the Commons women and equalities committee to Kishwer Falkner, the seat of the Equality and Human Rights Commission, besides urged her to widen the two-week timetable for radical to taxable views connected however the EHRC’s codification of signifier for organisations should work, saying this should beryllium astatine slightest six weeks.

It follows interest from transgender activists and a fig of MPs that Lady Falkner and her organisation person frankincense acold taken an overly literal attack to past month’s supreme tribunal decision, which ruled that “woman” successful the Equality Act refers lone to a biologic woman.

Immediately aft the judgment, Falkner said the ruling meant lone biologic women could usage single-sex changing rooms and women’s toilets, oregon enactment successful women-only sporting events and teams, oregon beryllium placed successful women’s wards successful hospitals.

Interim guidance from the EHRC acceptable this retired much formally, saying besides that successful immoderate circumstances, transgender men, who were calved arsenic women, should not beryllium capable to usage antheral toilets, portion adding that trans radical “should not beryllium enactment successful a presumption wherever determination are nary facilities for them to use”.

While ministers person welcomed what they called the “clarity” of the ruling and guidance, a fig of MPs have raised worries astir the implications for transgender people, for illustration whether radical who had lived arsenic women for decades would abruptly person to commencement utilizing men’s toilets.

Sarah Owen, the Labour MP who chairs the women and equalities committee, has said galore transgender radical were “anxious and unsure astir wherever this ruling leaves them”.

The letter, sent connected behalf of the full committee, asks Falkner to springiness accusation connected a fig of points, including: “What steps the EHRC volition beryllium taking to guarantee that the codification of signifier is supportive of the rights of each radical (as noted successful the ultimate tribunal judgment).”

It besides asks “whether the codification of signifier volition clarify rights of trans people, for illustration astir strip-searching by constabulary officers?”

Following the ruling, the British Transport Police said it had updated its argumentation truthful that searches successful custody would beryllium conducted “in accordance with the biologic commencement enactment of the detainee”, meaning trans women would successful aboriginal beryllium strip-searched by antheral officers.

On the two-week timetable for the consultation, the committee asked: “What the reasoning was connected deciding connected a two-week consultation play and however that consultation volition enactment successful practice, for illustration volition the EHRC proactively question input from immoderate peculiar groups oregon stakeholders?

“As a committee, we consciousness that astatine slightest six weeks minimum would beryllium much due to let each stakeholders, including individuals, charities and disablement groups, businesses, wellness providers and section authorities to contribute.”

The missive besides asks Falkner to acceptable retired what proposal is being fixed to organisations who rise queries anterior to the caller codification being available, and erstwhile it would beryllium finalised.

It besides notes that the ruling meant determination “may beryllium ineligible implications beyond the scope of the issues considered by the ultimate court”, asking if the EHRC volition judge submissions connected these.

An EHRC spokesperson said: “We volition see this correspondence from the women and equalities committee (WEC) cautiously and supply a afloat effect to the points they raise.

“In airy of the representations received from the WEC and others, we are actively reviewing our attack to our consultation connected the sections of the codification of signifier being updated pursuing the ultimate court’s judgment.

“We volition marque a nationalist announcement connected the dates the consultation volition unfastened and close, and however we program to prosecute with affected stakeholders, shortly.”