Parliament told to obey ‘law of the land' over trans ban

Telegraph

21-05-2025

The equalities watchdog has told Parliament to obey the 'law of the land' after it refused to ban trans women from women's lavatories.
Baroness Falkner of Margravine, the chairman of the Equality and Human Rights Commission (EHRC), told organisations that the updated guidance it published on Tuesday should be followed straight away.
On the BBC's Women's Hour, she said groups could lay themselves open to the threat of legal action if they do not bar trans people from women's lavatories, saying: 'The law is done and dusted, the law is not going to change.'
Lady Falkner added: 'My understanding of the rules that govern the Houses of Parliament is that the law of the land applies to the Houses of Parliament.'
The Supreme Court ruled in April that legally a trans woman does not count as a woman, and that the word 'sex' in the Equality Act refers to biological sex and not gender identity.
The EHRC then put out interim guidance to organisations to underline that in places such as hospitals, shops and restaurants, 'trans women (biological men) should not be permitted to use the women's facilities'.
A growing number of public bodies are changing their guidance in light of the judgment. The Football Association, for example, has said trans women would be banned from women's sport.
But other organisations, including the NHS, have said they are awaiting guidance from the EHRC.
On Tuesday, The Telegraph revealed that the House of Commons has also refused to change its guidance.
A spokesman said this meant they would not change their guidance until a lengthy consultation process has ended – meaning there could be no update until July at the earliest. The House of Lords has said it will take a similar approach to the Commons.
But Lady Falkner said that Parliament – and other organisations – should update their guidance straight away, after having taken their own legal advice.
'The Houses of Parliament are waiting for our guidance: our guidance is now there,' she said.
'We are confident that this consultation document and the areas that it covers are accurate, and we would urge people to read it carefully and also read the Supreme Court judgment, and also take their own legal advice.
'But organisations have to be aware that they open themselves to legal action if they don't implement the law as determined by the Supreme Court on April 16.
'What I would say is read the code of practice that we have put out, and be confident that we're pretty accurate in what we've been saying.'
The EHRC chairman said the only changes that would be made to the consultation document would be on the practical examples listed within it; not the legal interpretation of the Supreme Court ruling.
'Nobody's disputing what the law of the land is; we know what the law of the land is,' she said.
Pressed on how Parliament should respond, she said: 'My understanding of the rules that govern the Houses of Parliament is that the law of the land applies to the Houses of Parliament.
'I'll leave it to people in higher positions than me to make a determination on what that should be.
'But it would be quite extraordinary if Parliament didn't find itself covered by the laws of the land.'
'Social contract'
Lady Falkner also said it was unlikely there would be any need for trans people to carry round birth certificates – because people would take others on 'trust'.
'We are a law-abiding but incredibly tolerant country,' she said. 'There is a social contract to allow people to live as full a life as they can.
'In terms of ' toilet police ' and people having to carry their birth certificates – we are a society where trust is important.
'People should be asked respectfully, carefully and only where necessary.'
She also dismissed a legal challenge from the Good Law Project, which believes the guidance may break human rights laws.
'We don't believe they are impacted at this particular stage,' she said.