The former chair of Britain's equality watchdog has launched a scathing attack on the Government, accusing it of 'losing its way' and failing to protect women's rights due to lengthy delays in issuing crucial new guidance.
A Code Delivered, But Not Enacted
Baroness Kishwer Falkner, whose term as head of the Equality and Human Rights Commission (EHRC) concluded last week, stated the Government has been sitting on a vital new code of practice since April 8. This code is required to provide organisations like gyms, hospitals, and clubs with clear rules on managing single-sex spaces and the inclusion of transgender people.
Her comments come amid an intense political dispute following April's Supreme Court gender ruling. The EHRC must submit its updated code to Parliament for approval before any official guidance can be distributed. Falkner insists the draft code, which updates the entire 2011 rulebook across nine protected characteristics including disability, age, and race, was handed over in full on that April date.
Accusations of 'Dissembling' at the Top
The row escalated when Work and Pensions Secretary Pat McFadden claimed the Government only received the code in September. Baroness Falkner, appearing on Sky News's Sunday Morning with Trevor Phillips, directly contradicted him, accusing the minister of 'dissembling'.
"They've had it since April – the eighth, to be exact," she stated. "We spent two years on it from 2022, they had the whole thing on April 8." She clarified that only about 10% required updating after the Supreme Court verdict on April 16, a few days after submission.
"These are profound, foundational and fundamental rights," Falkner added. "And it is serious. And I don't believe this Government is taking it seriously."
Government Defends Cautious Approach
In response, Mr McFadden denied the Government was stalling, emphasising the complexity of applying the guidance across numerous sectors. "It's important to get this right," he argued, "because if you don't get it right, organisations will end up in further legal jeopardy."
While confirming he has the EHRC's draft, he refused to give an arbitrary publication date, stating only: "We'll get it right." The decision now rests with Equalities Minister Bridget Phillipson, who must decide whether to accept the code and when to lay it before Parliament.
With nearly eight months passed since the Supreme Court ruling, the delay leaves many organisations in legal limbo, unsure how to navigate the sensitive intersection of transgender rights and single-sex provisions. The former watchdog chief's stark criticism underscores the growing pressure on ministers to act.
