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Belfast Telegraph
an hour ago
- Politics
- Belfast Telegraph
DUP MLA hits out over latest twist to Supreme Court gender ruling as Windsor Framework causes NI uncertainty
The DUP MP spoke out after the commission said the ruling, which determined the legal definition of a woman was based on biological sex, would have applied in Northern Ireland if it was not for the Windsor Framework. Instead, the matter will brought before the High Court in Belfast, which will likely take more than a year. The Supreme Court judgement has implications for transgender people's access to single-sex spaces. As the ruling relates to an interpretation of the Equality Act 2010, which does not apply in Northern Ireland, the Equality Commission has to assess how it may be interpreted here. It believes the judgment will be 'highly persuasive' in Northern Ireland courts, but the situation is 'much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape,' chief commissioner Geraldine McGahey said. Specifically, the Supreme Court did not consider Article 2 commitments under the Windsor Framework agreed between the UK and EU in 2023. Article 2 underlines the Government's commitment to ensure that people in Northern Ireland do not lose equality and human rights contained in the Good Friday Agreement. The agreement is underpinned by EU law, and under the Windsor Framework, aspects of EU law continue to apply to Northern Ireland. Ms McGahey said much local equality legislation used words such as 'sex', 'men' and 'women' without providing 'comprehensive definitions'. But Ms Lockhart said the Supreme Court judgment was a 'victory for the rights of women and girls', and it was 'deeply regrettable' that the commission's response 'appears to cast doubt on the implementation of this landmark decision'. She continued: 'The suggestion that EU law should continue to dictate matters of such importance to women's rights in Northern Ireland is entirely unacceptable. 'Whether it be immigration policy, equality protections or indeed any other area, the Windsor Framework should not be seized upon to place the rights of local people in limbo. Article 2 is about 'no diminution of rights', yet the Equality Commission does not seem able to set out in plain terms which right was in place and has now supposedly been lost. 'The Government must act swiftly and decisively to make it absolutely clear that EU law is not binding in respect of the Supreme Court judgement and cannot stymie efforts to reassert and protect the hard-won rights of women and girls in our society.' Hundreds of trans rights activists descend on City Hall to protest Supreme Court ruling Scott Cuthbertson, of the Rainbow Project, said: 'We have worked hard to understand the ruling and communicate our view, and welcome that the Equality Commission has accepted that Article 2 of the Windsor Framework could have implications for how this judgment is read in Northern Ireland. 'We're working through the commission's paper, including its interim guidance for employees and service providers, and considering its implications for trans people as well as our next steps to defend their rights.' The commission said it would ask the High Court in Belfast to issue a declaration to clarify key questions. Given the unique legal landscape, the commission said it was possible 'sex' could be interpreted differently in Northern Ireland to how it was interpreted by the Supreme Court. Ms McGahey said if it wasn't for Article 2 of the Windsor Framework, 'we would actually be saying very clearly that the Supreme Court judgment applies here in Northern Ireland'. She added: 'That is why we're saying it's highly persuasive for our courts and tribunals here in Northern Ireland. 'Article 2 is about ensuring there's no diminution of rights that are protected or safeguarded within the Good Friday Agreement.' Ms McGahey said there was a debate as to which rights were being referred to, civil rights or rights relating to gender discrimination. Until the High Court process is completed, the commission can only issue 'interim guidance' to employers and service users. One suggestion is for employers to consider universal shower and toilet facilities, consisting of self-contained lockable rooms that can be used by one person at a time, regardless of their gender. The intention of this would be for these universal facilities to be designed 'so no one could infer a person's gender or sex simply because they were selected', thus avoiding risking 'outing' transgender people.
Leader Live
4 hours ago
- Politics
- Leader Live
Legal clarity sought from Belfast High Court on Supreme Court gender ruling
The Equality Commission in Northern Ireland has said that there is 'significant' legal uncertainty in the wake of the ruling, including how it interacts with existing equality law and with Article 2 of the Windsor Framework. Chief Commissioner of the Equality Commission Geraldine McGahey said they would consult with other parties on whether they wish to join the legal proceedings on the 'nuanced and complicated' issue. Ms McGahey said through referring the issue to the courts, they hoped to avoid 'the toxicity which has sometimes characterised the debate'. The Supreme Court in London declared in April that the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. The ruling has been interpreted to mean that transgender women can be excluded from women-only spaces such as toilets and changing rooms. However, the Equality Act 2010 does not cover Northern Ireland. The Equality Commission was to prepare guidance on the ruling's potential implications on Stormont departments. In a legal paper published by the Equality Commission on Friday, it said it would request legal clarity from the High Court. The Commission said that once the High Court decides on the matter, and subject to any appeals, the Commission will then produce its draft guidance, which will be subject to further consultation. Ms McGahey said: 'After much consideration and analysis, the Commission has concluded that the situation in Northern Ireland, in respect of this matter, is much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape. 'We have no interest in merely speculating as to how a court might determine these issues in the future. We will not answer these legal uncertainties by weighing the arguments 'for' and 'against'. 'It is important that the Commission shows leadership as people and their lives are at the heart of this issue. 'To achieve greater long-term certainty and clarity for all involved, the Commission will be seeking a declaration from the courts to address several questions regarding the significant legal uncertainties. 'Our equality laws do not sit in isolation; they interact with other laws and regulations for which the Commission does not have a remit. 'We believe other bodies and organisations will also require clarification on the legal position in relation to their own areas of work and may join the Commission in its legal proceedings. 'The Commission will issue Pre-Action Protocol letters to government departments and other public bodies with legal responsibilities potentially affected by the judgment and to other interested parties. 'The Commission will also commence a wider consultation process for all interested stakeholders.' She said the Commission wants to give everyone the opportunity to engage and will welcome input from all stakeholders. 'We fully recognise the challenges faced by employers and service providers as they try to navigate these uncertainties,' she said. 'As this is an evolving area of law, we will keep our interim information for employers and service providers under review and offer advice on a case-by-case basis where the law is clear. 'Ultimately, maximising legal certainty and transparency is at the heart of our strategy. 'We aim to create a robust framework for offering guidance, rather than being subject to numerous legal uncertainties that may be contested in the courts over the coming years at potentially great cost to the public purse. 'By adopting this approach, we hope to avoid the toxicity which has sometimes characterised the debate around how to balance the rights of biological women and transgender women by creating a space for debate and adjudication by the courts. 'We believe our approach will be in the best interests of everyone in Northern Ireland.' DUP MP Carla Lockhart said the Equality Commission's response was 'deeply regrettable'. The Upper Bann representative said organisations should 'not be distracted or deterred' by the commission's response and public authorities should 'move decisively to implement' the Supreme Court ruling. 'The recent judgment by the Supreme Court was a common-sense ruling that reaffirmed the importance of sex-based protections,' she said. 'This was a victory for the rights of women and girls, providing clarity and reassurance, in particular, around the provision of single-sex spaces. 'Therefore, it is deeply regrettable that the Equality Commission's response appears to cast doubt on the implementation of this landmark decision.' She said the suggestion that EU law should continue to dictate such issues in Northern Ireland was 'entirely unacceptable'. 'Whether it be immigration policy, equality protections or indeed any other area, the Windsor Framework should not be seized upon to place the rights of local people in limbo. 'Article 2 is about 'no diminution of rights' yet the Equality Commission do not seem able to set out in plain terms which right was in place and has now supposedly been lost.'
Powys County Times
5 hours ago
- Politics
- Powys County Times
Legal clarity sought from Belfast High Court on Supreme Court gender ruling
Guidance will be sought from the High Court in Belfast over the effect a landmark Supreme Court ruling on gender will have in Northern Ireland. The Equality Commission in Northern Ireland has said that there is 'significant' legal uncertainty in the wake of the ruling, including how it interacts with existing equality law and with Article 2 of the Windsor Framework. Chief Commissioner of the Equality Commission Geraldine McGahey said they would consult with other parties on whether they wish to join the legal proceedings on the 'nuanced and complicated' issue. Ms McGahey said through referring the issue to the courts, they hoped to avoid 'the toxicity which has sometimes characterised the debate'. The Supreme Court in London declared in April that the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. The ruling has been interpreted to mean that transgender women can be excluded from women-only spaces such as toilets and changing rooms. However, the Equality Act 2010 does not cover Northern Ireland. The Equality Commission was to prepare guidance on the ruling's potential implications on Stormont departments. In a legal paper published by the Equality Commission on Friday, it said it would request legal clarity from the High Court. The Commission said that once the High Court decides on the matter, and subject to any appeals, the Commission will then produce its draft guidance, which will be subject to further consultation. Ms McGahey said: 'After much consideration and analysis, the Commission has concluded that the situation in Northern Ireland, in respect of this matter, is much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape. 'We have no interest in merely speculating as to how a court might determine these issues in the future. We will not answer these legal uncertainties by weighing the arguments 'for' and 'against'. 'It is important that the Commission shows leadership as people and their lives are at the heart of this issue. 'To achieve greater long-term certainty and clarity for all involved, the Commission will be seeking a declaration from the courts to address several questions regarding the significant legal uncertainties. 'Our equality laws do not sit in isolation; they interact with other laws and regulations for which the Commission does not have a remit. 'We believe other bodies and organisations will also require clarification on the legal position in relation to their own areas of work and may join the Commission in its legal proceedings. 'The Commission will issue Pre-Action Protocol letters to government departments and other public bodies with legal responsibilities potentially affected by the judgment and to other interested parties. 'The Commission will also commence a wider consultation process for all interested stakeholders.' She said the Commission wants to give everyone the opportunity to engage and will welcome input from all stakeholders. 'We fully recognise the challenges faced by employers and service providers as they try to navigate these uncertainties,' she said. 'As this is an evolving area of law, we will keep our interim information for employers and service providers under review and offer advice on a case-by-case basis where the law is clear. 'Ultimately, maximising legal certainty and transparency is at the heart of our strategy. 'We aim to create a robust framework for offering guidance, rather than being subject to numerous legal uncertainties that may be contested in the courts over the coming years at potentially great cost to the public purse. 'By adopting this approach, we hope to avoid the toxicity which has sometimes characterised the debate around how to balance the rights of biological women and transgender women by creating a space for debate and adjudication by the courts. 'We believe our approach will be in the best interests of everyone in Northern Ireland.' DUP MP Carla Lockhart said the Equality Commission's response was 'deeply regrettable'. The Upper Bann representative said organisations should 'not be distracted or deterred' by the commission's response and public authorities should 'move decisively to implement' the Supreme Court ruling. 'The recent judgment by the Supreme Court was a common-sense ruling that reaffirmed the importance of sex-based protections,' she said. 'This was a victory for the rights of women and girls, providing clarity and reassurance, in particular, around the provision of single-sex spaces. 'Therefore, it is deeply regrettable that the Equality Commission's response appears to cast doubt on the implementation of this landmark decision.' She said the suggestion that EU law should continue to dictate such issues in Northern Ireland was 'entirely unacceptable'. 'Whether it be immigration policy, equality protections or indeed any other area, the Windsor Framework should not be seized upon to place the rights of local people in limbo.
South Wales Guardian
5 hours ago
- Politics
- South Wales Guardian
Legal clarity sought from Belfast High Court on Supreme Court gender ruling
The Equality Commission in Northern Ireland has said that there is 'significant' legal uncertainty in the wake of the ruling, including how it interacts with existing equality law and with Article 2 of the Windsor Framework. Chief Commissioner of the Equality Commission Geraldine McGahey said they would consult with other parties on whether they wish to join the legal proceedings on the 'nuanced and complicated' issue. Ms McGahey said through referring the issue to the courts, they hoped to avoid 'the toxicity which has sometimes characterised the debate'. The Supreme Court in London declared in April that the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. The ruling has been interpreted to mean that transgender women can be excluded from women-only spaces such as toilets and changing rooms. However, the Equality Act 2010 does not cover Northern Ireland. The Equality Commission was to prepare guidance on the ruling's potential implications on Stormont departments. In a legal paper published by the Equality Commission on Friday, it said it would request legal clarity from the High Court. The Commission said that once the High Court decides on the matter, and subject to any appeals, the Commission will then produce its draft guidance, which will be subject to further consultation. Ms McGahey said: 'After much consideration and analysis, the Commission has concluded that the situation in Northern Ireland, in respect of this matter, is much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape. 'We have no interest in merely speculating as to how a court might determine these issues in the future. We will not answer these legal uncertainties by weighing the arguments 'for' and 'against'. 'It is important that the Commission shows leadership as people and their lives are at the heart of this issue. 'To achieve greater long-term certainty and clarity for all involved, the Commission will be seeking a declaration from the courts to address several questions regarding the significant legal uncertainties. 'Our equality laws do not sit in isolation; they interact with other laws and regulations for which the Commission does not have a remit. 'We believe other bodies and organisations will also require clarification on the legal position in relation to their own areas of work and may join the Commission in its legal proceedings. 'The Commission will issue Pre-Action Protocol letters to government departments and other public bodies with legal responsibilities potentially affected by the judgment and to other interested parties. 'The Commission will also commence a wider consultation process for all interested stakeholders.' She said the Commission wants to give everyone the opportunity to engage and will welcome input from all stakeholders. 'We fully recognise the challenges faced by employers and service providers as they try to navigate these uncertainties,' she said. 'As this is an evolving area of law, we will keep our interim information for employers and service providers under review and offer advice on a case-by-case basis where the law is clear. 'Ultimately, maximising legal certainty and transparency is at the heart of our strategy. 'We aim to create a robust framework for offering guidance, rather than being subject to numerous legal uncertainties that may be contested in the courts over the coming years at potentially great cost to the public purse. 'By adopting this approach, we hope to avoid the toxicity which has sometimes characterised the debate around how to balance the rights of biological women and transgender women by creating a space for debate and adjudication by the courts. 'We believe our approach will be in the best interests of everyone in Northern Ireland.' DUP MP Carla Lockhart said the Equality Commission's response was 'deeply regrettable'. The Upper Bann representative said organisations should 'not be distracted or deterred' by the commission's response and public authorities should 'move decisively to implement' the Supreme Court ruling. 'The recent judgment by the Supreme Court was a common-sense ruling that reaffirmed the importance of sex-based protections,' she said. 'This was a victory for the rights of women and girls, providing clarity and reassurance, in particular, around the provision of single-sex spaces. 'Therefore, it is deeply regrettable that the Equality Commission's response appears to cast doubt on the implementation of this landmark decision.' She said the suggestion that EU law should continue to dictate such issues in Northern Ireland was 'entirely unacceptable'. 'Whether it be immigration policy, equality protections or indeed any other area, the Windsor Framework should not be seized upon to place the rights of local people in limbo. 'Article 2 is about 'no diminution of rights' yet the Equality Commission do not seem able to set out in plain terms which right was in place and has now supposedly been lost.'
The Independent
5 hours ago
- Politics
- The Independent
Legal clarity sought from Belfast High Court on Supreme Court gender ruling
Guidance will be sought from the High Court in Belfast over the effect a landmark Supreme Court ruling on gender will have in Northern Ireland. The Equality Commission in Northern Ireland has said that there is 'significant' legal uncertainty in the wake of the ruling, including how it interacts with existing equality law and with Article 2 of the Windsor Framework. Chief Commissioner of the Equality Commission Geraldine McGahey said they would consult with other parties on whether they wish to join the legal proceedings on the 'nuanced and complicated' issue. Ms McGahey said through referring the issue to the courts, they hoped to avoid 'the toxicity which has sometimes characterised the debate'. The Supreme Court in London declared in April that the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. The ruling has been interpreted to mean that transgender women can be excluded from women-only spaces such as toilets and changing rooms. However, the Equality Act 2010 does not cover Northern Ireland. The Equality Commission was to prepare guidance on the ruling's potential implications on Stormont departments. In a legal paper published by the Equality Commission on Friday, it said it would request legal clarity from the High Court. The Commission said that once the High Court decides on the matter, and subject to any appeals, the Commission will then produce its draft guidance, which will be subject to further consultation. Ms McGahey said: 'After much consideration and analysis, the Commission has concluded that the situation in Northern Ireland, in respect of this matter, is much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape. 'We have no interest in merely speculating as to how a court might determine these issues in the future. We will not answer these legal uncertainties by weighing the arguments 'for' and 'against'. 'It is important that the Commission shows leadership as people and their lives are at the heart of this issue. 'To achieve greater long-term certainty and clarity for all involved, the Commission will be seeking a declaration from the courts to address several questions regarding the significant legal uncertainties. 'Our equality laws do not sit in isolation; they interact with other laws and regulations for which the Commission does not have a remit. 'We believe other bodies and organisations will also require clarification on the legal position in relation to their own areas of work and may join the Commission in its legal proceedings. 'The Commission will issue Pre-Action Protocol letters to government departments and other public bodies with legal responsibilities potentially affected by the judgment and to other interested parties. 'The Commission will also commence a wider consultation process for all interested stakeholders.' She said the Commission wants to give everyone the opportunity to engage and will welcome input from all stakeholders. 'We fully recognise the challenges faced by employers and service providers as they try to navigate these uncertainties,' she said. 'As this is an evolving area of law, we will keep our interim information for employers and service providers under review and offer advice on a case-by-case basis where the law is clear. 'Ultimately, maximising legal certainty and transparency is at the heart of our strategy. 'We aim to create a robust framework for offering guidance, rather than being subject to numerous legal uncertainties that may be contested in the courts over the coming years at potentially great cost to the public purse. 'By adopting this approach, we hope to avoid the toxicity which has sometimes characterised the debate around how to balance the rights of biological women and transgender women by creating a space for debate and adjudication by the courts. 'We believe our approach will be in the best interests of everyone in Northern Ireland.'
