Labour has 'completely abandoned' women's rights and left women and transgender people in a 'grey zone', the former head of the Equality and Human Rights Commission (EHRC) has claimed. Kishwer Falkner, who led the watchdog, criticised the party for failing to publish statutory guidance following a Supreme Court ruling in April that, for the purposes of the Equality Act 2010, the words 'woman' and 'sex' refer to biological sex.
Baroness Falkner told The Times that Labour was traditionally the 'party of feminism', but that the current generation of MPs has 'lost it'. She said: 'What really depresses me about the current state of the Labour Party is that they seem to have completely abandoned women's rights.'
Her comments come as organisations await new transgender guidance from the EHRC, which has been with ministers for three months. The government has said it will not 'rush' to publish the code of practice, which will inform provision of single-sex services such as toilets and changing rooms. The EHRC wrote to women and equalities minister Bridget Phillipson in October urging publication, warning some organisations are using unlawful practices.
However, the EHRC has faced criticism for its interpretation of the ruling, with the Good Law Project launching a legal challenge against interim guidance, arguing it is 'rushed, legally flawed, and overly simplistic'. Baroness Falkner said the delay in publishing the final code leaves people 'in the grey zone', adding: 'Women are still having to go to court to assert their rights.'
A government spokesperson said it is 'unapologetic' about taking time to produce 'legally sound guidance', warning that the alternative would be 'utterly catastrophic'. The comments follow decisions by the National Federation of Women’s Institutes to ban transgender women from membership from April, and Girlguiding to prohibit trans girls from joining, both described as 'difficult' decisions.
