Kishwer Falkner, the former head of the Equality and Human Rights Commission (EHRC), has accused Labour of “completely abandoning” women’s rights. Speaking to The Times, Baroness Falkner said the party had traditionally been the “party of feminism” but that the current generation of MPs had “lost it”.
Her comments follow a Supreme Court ruling in April that, for the purposes of the Equality Act 2010, the terms “woman” and “sex” refer to biological woman and biological sex. Baroness Falkner criticised Labour for failing to publish statutory guidance clarifying the ruling, leaving women and transgender people in a “grey zone”.
The EHRC has produced draft guidance on single-sex services, which is being assessed by the government. Ministers have had the code for three months but say they will not “rush” publication. The EHRC wrote to Women and Equalities Minister Bridget Phillipson in October urging action, warning that some organisations are currently using unlawful practices.
The interim guidance is subject to a legal challenge from the Good Law Project, which argues it is “rushed, legally flawed, and overly simplistic”. Baroness Falkner warned that without clear guidance, women are forced to go to court to assert their rights, causing distress for trans people as organisations apply inconsistent rules.
Separately, the National Federation of Women’s Institutes and Girlguiding have both announced they will ban transgender women and girls from membership from next April, citing legal and safeguarding reasons.
