Minister Insists on 'Getting It Right' Amid Controversy
Labour's Bridget Phillipson has firmly defended her approach to new transgender guidance, stating she is 'taking the time to get this right' despite accusations of deliberate delays. The Women and Equalities Minister confirmed she is thoroughly examining a draft code of practice from the Equality and Human Rights Commission that has been with the government for nearly three months.
What the Leaked Guidance Reveals
According to documents obtained by The Times, the proposed guidance would allow organisations to question transgender individuals about their access to single-sex facilities based on appearance, behaviour, or concerns raised by others. The leaked draft suggests that transgender people could potentially be excluded from single-sex spaces like hospital wards, gyms, and leisure centres if doubts arise about their biological sex.
The guidance, developed following April's landmark Supreme Court ruling that defined 'woman' and 'sex' in the Equality Act 2010 as referring to biological sex, represents a significant shift in policy. The code has not been updated since 2011, with the EHRC warning that the current version is unlawful and some organisations continue using it improperly.
Political Pressure and Practical Concerns
The delay has drawn criticism from multiple fronts, with the EHRC writing to Ms Phillipson last month urging faster implementation. Whitehall figures reportedly leaked the document due to concerns about political motivations behind the postponement.
Children's minister Josh MacAlister denied the government is avoiding publication of the 300-page guidance, acknowledging the complexity of balancing competing views. He highlighted practical difficulties, stating: 'We want to avoid being in a position where toilets are being policed by people.'
The guidance reportedly states that excluding transgender individuals from toilets without providing suitable alternatives would likely be unlawful, while recognising that financial constraints might make alternative provisions challenging for some businesses.
In sports, the code is said to clarify that transgender people should not participate in single-sex competitions based on their identified gender rather than biological sex.
Ms Phillipson emphasised the importance of the guidance for domestic violence services and rape crisis centres, while acknowledging that 'trans people should be treated with dignity and respect.' Once ministerial approval is granted, the draft must undergo a 40-day parliamentary review before implementation.
