The Labour government is facing a significant row over equality policy after it emerged that a key minister is blocking new official guidance on women-only spaces.
Minister Refuses to Sign Off Draft Code
Women and Equalities Secretary Bridget Phillipson has refused to approve draft guidance from the Equality and Human Rights Commission (EHRC) for over three months. The guidance was drawn up to advise businesses and public bodies following a landmark Supreme Court ruling in April, which confirmed that 'sex' in equality law means biological sex.
The proposed code would require organisations to protect single-sex spaces such as women's lavatories, changing rooms, and hospital wards. However, in a submission to the High Court, Ms Phillipson criticised the draft, describing its approach as 'trans-exclusive'. She argued it would unfairly exclude transgender women and could have unintended consequences.
Clash Over Supreme Court Ruling Interpretation
The minister's stance puts her at odds with the Supreme Court's judgment, which Sir Keir Starmer initially welcomed for providing 'clarity'. Ms Phillipson contends the ruling was primarily concerned with maternity protections rather than imposing blanket restrictions on access to women-only spaces.
She warned that strictly applied rules could prevent women from taking infant sons into swimming pool changing rooms. The minister argued for 'common sense' exceptions, including allowing pregnant women to use men's facilities to avoid queues.
Organisations Left in Limbo Without Clarity
Because the guidance remains unpublished, hospitals, businesses, and other public bodies lack clear instructions on applying the court's ruling. There is currently no legal requirement in force to exclude biological males from women's spaces as a result of the delay.
The EHRC submitted its full 300-page draft code to ministers in September, urging approval 'at speed' to provide urgently needed clarity. Sources have accused Ms Phillipson of insisting on additional bureaucratic steps that have effectively blocked the guidance. A government spokesman denied obstruction, stating the complex document needed careful scrutiny to avoid legal risks for service providers.
Conservatives have accused the minister of failing to uphold the court's ruling. Shadow equalities minister Claire Coutinho said the government was 'doing everything it can to deny women the right to single-sex spaces'. A High Court ruling on a related legal challenge by the Good Law Project is expected soon, increasing pressure on ministers to act.
