Latest news with #KishwerFalkner
The Guardian
26-05-2025
- Politics
- The Guardian
MPs fear UK equality watchdog may take months to sign off gender guidance
Formal guidance on how organisations should implement the supreme court ruling on gender may not be fully signed off for months, officials and MPs have warned, amid increasing worries about the capability of the government's equalities watchdog. While the Equality and Human Rights Commission (EHRC) has promised to complete the process by the end of July, a series of insiders have told the Guardian they believe this may not happen until after the watchdog's controversial chair, Kishwer Falkner, is replaced in November. Some MPs are increasingly worried about what one said could be months of 'limbo' for organisations and transgender people. The concerns are in part due to worries about the ability of Lady Falkner, who was appointed by Liz Truss, to be seen as a fair arbiter of how public bodies should implement the court decision that 'woman' in the Equality Act refers only to a biological woman. The guidance will attempt to navigate a path for the parallel needs and rights concerning single-sex spaces such as toilets, changing rooms and associations, as well as for transgender people, many of whom fear the supreme court ruling could effectively exclude them from the public realm. Officials also expect a high volume of submissions to the six-week consultation process, with some predicting thousands of responses, which could swamp the relatively thinly staffed organisation. 'I just don't get the sense the EHRC has the resources to get this done quickly,' one MP with a close interest in the process said. 'We don't want a rushed job, but at the same time, you can't keep public organisation – and transgender people – just waiting for months. This is a bigger issue than Falkner, but she isn't a help.' In April, the EHRC released interim, non-statutory advice about how to interpret the ruling, which set out that transgender people should not be allowed to use toilets of the gender they live as, and that in some cases they cannot use toilets of their birth sex. A number of critics have called the advice oversimplistic. One Labour MP said: 'A lot of lawyers told me it is utterly ridiculous, and the supreme court judgment does not necessarily mean that.' Some government officials are also worried, with one saying the EHRC had 'bungled' the advice. Falkner, a crossbench peer, is seen as having led closely on the interim advice. Some EHRC sources said most senior staff had no idea it had even been drawn up until it was published on the organisation's website late on a Friday evening. The EHRC initially set a two-week timetable for consulting on the full guidance, but changedthat to six weeks after concern from the Commons women's and equalities committee. While Falkner and the EHRC will be responsible for drawing up the formal guidance, this must then be signed off by the government, and some believe it could end up not being in place before Falkner is replaced. Last November she was given a 12-month extension on her four-year term. Harriet Harman, the Labour former cabinet minister who introduced the 2010 Equality Act to parliament, has been named as a possible successor. While a number of MPs believe Harman could do a better job, such a long delay in setting out how organisations should respond to the supreme court would risk months of confusion for them, and significant worry for transgender people. 'Most public bodies don't know what to do,' another MP said. 'The government is frozen and waiting to see what the EHRC says. But I don't think we'll get anywhere with Falkner as chair. She's not neutral. 'Unless ministers are confident that all voices are being heard they won't sign off on the guidance, and they are watching this very closely. It's currently a bit of a mess.' John Kirkpatrick, the EHRC's chief executive, said the interim update was 'issued in response to a high level of demand for accurate information following the judgment', and that Falkner had been 'visible in providing clarity on the consequences of the judgment on behalf of the EHRC'. He added: 'Like all well-governed organisations, we have robust decision-making processes and internal channels through which colleagues can escalate concerns. We do not recognise the views attributed to 'insiders' as being representative of our staff.'
Rhyl Journal
21-05-2025
- Politics
- Rhyl Journal
EHRC says people could be asked for birth certificates to prove biological sex
The Equality and Human Rights Commission (EHRC) has published its draft guidance following the Supreme Court's ruling last month. The code of practice, which is out for public consultation for six weeks, covers a range of topics including trans people's participation in sport and use of toilets. The commission has tripled the length of time for feedback, from an original proposal of two weeks, meaning it is expected to be presented to women and equalities minister Bridget Phillipson in July rather than June. The regulator said the consultation has been extended 'in light of the level of public interest, as well as representations from stakeholders in Parliament and civil society'. In the wake of April's Supreme Court ruling that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex, the commission had issued interim guidance, saying trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's toilets. More detailed draft guidance was published on Tuesday, with a consultation period running until June 30, as the regulator appealed for feedback as to whether its content 'could be clearer or more helpful'. The guidance says people can be asked to confirm their birth sex so long as it is 'necessary and proportionate for a service provider, those exercising public functions or an association to know an individual's birth sex to be able to discharge their legal obligations'. It cautions that any such question 'should be done in a sensitive way which does not cause discrimination or harassment'. The commission adds that if there is 'genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested'. It notes that if a person has a Gender Recognition Certificate (GRC), it might be that they have an amended birth certificate in their acquired gender, and that in the 'unlikely event' further enquiries about their biological sex are needed, any 'additional requests should be made in a proportionate way which is discreet and sensitive'. Elsewhere, the draft code says trans people can be excluded from competitive sport 'when necessary for reasons of safety or fair competition', and gives an example of how some services might be able to adapt to 'offer toilets in individual lockable rooms to be used by both sexes'. The code states that a service provided only to women and trans women or only to men and trans men 'is not a separate-sex or single-sex service' under the Equality Act and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use it. Commission chairwoman Baroness Kishwer Falkner said there has been an 'obvious' demand since the court's ruling for 'authoritative guidance' for a range of providers from businesses to hospitals to sports clubs. She said: 'It is important that our code is both an accurate interpretation of the law and clear to those who use it. 'So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary. 'People with protected characteristics should never be discriminated against or harassed when using a service. Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. 'It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so.' Some trans rights groups have raised concerns about the practical implications of the Supreme Court ruling. Baroness Falkner acknowledged this is a 'complex area' of law and 'bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment'. She added: 'We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights. So, if everybody's rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisers need help to navigate these challenges. 'The consultation launched today will help ensure our services Code of Practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. 'That way, whether you're a shop owner or the chair of a local sports club, the manager of a hotel or a hospital, an HR professional or a solicitor, you will have guidance to follow so you can be confident that you're upholding the law.' Campaign group the Good Law Project (GLP) last week announced it has taken the first step in a legal challenge against the watchdog, claiming the guidance is 'wrong in law'. But Maya Forstater, from gender-critical campaign group charity Sex Matters, said the commission's guidance is clear. She said: 'The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it. 'Its clear language and calm, factual tone are a welcome antidote after weeks in which trans lobby groups have sought to present the ruling as complicated and dangerous.'
South Wales Guardian
21-05-2025
- Politics
- South Wales Guardian
EHRC says people could be asked for birth certificates to prove biological sex
The Equality and Human Rights Commission (EHRC) has published its draft guidance following the Supreme Court's ruling last month. The code of practice, which is out for public consultation for six weeks, covers a range of topics including trans people's participation in sport and use of toilets. The commission has tripled the length of time for feedback, from an original proposal of two weeks, meaning it is expected to be presented to women and equalities minister Bridget Phillipson in July rather than June. The regulator said the consultation has been extended 'in light of the level of public interest, as well as representations from stakeholders in Parliament and civil society'. In the wake of April's Supreme Court ruling that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex, the commission had issued interim guidance, saying trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's toilets. More detailed draft guidance was published on Tuesday, with a consultation period running until June 30, as the regulator appealed for feedback as to whether its content 'could be clearer or more helpful'. The guidance says people can be asked to confirm their birth sex so long as it is 'necessary and proportionate for a service provider, those exercising public functions or an association to know an individual's birth sex to be able to discharge their legal obligations'. It cautions that any such question 'should be done in a sensitive way which does not cause discrimination or harassment'. The commission adds that if there is 'genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested'. It notes that if a person has a Gender Recognition Certificate (GRC), it might be that they have an amended birth certificate in their acquired gender, and that in the 'unlikely event' further enquiries about their biological sex are needed, any 'additional requests should be made in a proportionate way which is discreet and sensitive'. Elsewhere, the draft code says trans people can be excluded from competitive sport 'when necessary for reasons of safety or fair competition', and gives an example of how some services might be able to adapt to 'offer toilets in individual lockable rooms to be used by both sexes'. The code states that a service provided only to women and trans women or only to men and trans men 'is not a separate-sex or single-sex service' under the Equality Act and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use it. Commission chairwoman Baroness Kishwer Falkner said there has been an 'obvious' demand since the court's ruling for 'authoritative guidance' for a range of providers from businesses to hospitals to sports clubs. She said: 'It is important that our code is both an accurate interpretation of the law and clear to those who use it. 'So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary. 'People with protected characteristics should never be discriminated against or harassed when using a service. Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. 'It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so.' Some trans rights groups have raised concerns about the practical implications of the Supreme Court ruling. Baroness Falkner acknowledged this is a 'complex area' of law and 'bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment'. She added: 'We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights. So, if everybody's rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisers need help to navigate these challenges. 'The consultation launched today will help ensure our services Code of Practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. 'That way, whether you're a shop owner or the chair of a local sports club, the manager of a hotel or a hospital, an HR professional or a solicitor, you will have guidance to follow so you can be confident that you're upholding the law.' Campaign group the Good Law Project (GLP) last week announced it has taken the first step in a legal challenge against the watchdog, claiming the guidance is 'wrong in law'. But Maya Forstater, from gender-critical campaign group charity Sex Matters, said the commission's guidance is clear. She said: 'The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it. 'Its clear language and calm, factual tone are a welcome antidote after weeks in which trans lobby groups have sought to present the ruling as complicated and dangerous.'
North Wales Chronicle
21-05-2025
- Politics
- North Wales Chronicle
EHRC says people could be asked for birth certificates to prove biological sex
The Equality and Human Rights Commission (EHRC) has published its draft guidance following the Supreme Court's ruling last month. The code of practice, which is out for public consultation for six weeks, covers a range of topics including trans people's participation in sport and use of toilets. The commission has tripled the length of time for feedback, from an original proposal of two weeks, meaning it is expected to be presented to women and equalities minister Bridget Phillipson in July rather than June. The regulator said the consultation has been extended 'in light of the level of public interest, as well as representations from stakeholders in Parliament and civil society'. In the wake of April's Supreme Court ruling that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex, the commission had issued interim guidance, saying trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's toilets. More detailed draft guidance was published on Tuesday, with a consultation period running until June 30, as the regulator appealed for feedback as to whether its content 'could be clearer or more helpful'. The guidance says people can be asked to confirm their birth sex so long as it is 'necessary and proportionate for a service provider, those exercising public functions or an association to know an individual's birth sex to be able to discharge their legal obligations'. It cautions that any such question 'should be done in a sensitive way which does not cause discrimination or harassment'. The commission adds that if there is 'genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested'. It notes that if a person has a Gender Recognition Certificate (GRC), it might be that they have an amended birth certificate in their acquired gender, and that in the 'unlikely event' further enquiries about their biological sex are needed, any 'additional requests should be made in a proportionate way which is discreet and sensitive'. Elsewhere, the draft code says trans people can be excluded from competitive sport 'when necessary for reasons of safety or fair competition', and gives an example of how some services might be able to adapt to 'offer toilets in individual lockable rooms to be used by both sexes'. The code states that a service provided only to women and trans women or only to men and trans men 'is not a separate-sex or single-sex service' under the Equality Act and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use it. Commission chairwoman Baroness Kishwer Falkner said there has been an 'obvious' demand since the court's ruling for 'authoritative guidance' for a range of providers from businesses to hospitals to sports clubs. She said: 'It is important that our code is both an accurate interpretation of the law and clear to those who use it. 'So we want to hear views on the clarity of these updates and urge all interested parties to respond to the consultation over the next six weeks. We will consider every response carefully and amend the draft code where necessary. 'People with protected characteristics should never be discriminated against or harassed when using a service. Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. 'It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so.' Some trans rights groups have raised concerns about the practical implications of the Supreme Court ruling. Baroness Falkner acknowledged this is a 'complex area' of law and 'bears on the rights of people with the protected characteristics of sex, sexual orientation and gender reassignment'. She added: 'We know that there are strongly held views across our society, both about how the law should be interpreted and whether it reflects the right balance between those rights. So, if everybody's rights are to be protected – as the Supreme Court confirmed the law intends – service providers and their legal advisers need help to navigate these challenges. 'The consultation launched today will help ensure our services Code of Practice is a useful and authoritative guide. Please tell us if you think it could be clearer or more helpful. 'That way, whether you're a shop owner or the chair of a local sports club, the manager of a hotel or a hospital, an HR professional or a solicitor, you will have guidance to follow so you can be confident that you're upholding the law.' Campaign group the Good Law Project (GLP) last week announced it has taken the first step in a legal challenge against the watchdog, claiming the guidance is 'wrong in law'. But Maya Forstater, from gender-critical campaign group charity Sex Matters, said the commission's guidance is clear. She said: 'The draft EHRC guidance reflects the law as clarified by the Supreme Court, so there can be no more excuses for failing to follow it. 'Its clear language and calm, factual tone are a welcome antidote after weeks in which trans lobby groups have sought to present the ruling as complicated and dangerous.'
Yahoo
20-05-2025
- Health
- Yahoo
People could be asked to prove biological sex under new EHRC code
Sports clubs and hospitals could ask for a person's birth certificate if there is "genuine concern" about their biological sex under an updated Equality and Human Rights Commission (EHRC) code of practice. The regulator published updates to the code on Tuesday in light of a Supreme Court ruling that a woman is defined by biological sex under equalities law. Other changes include guidance that trans people can be excluded from sport "when necessary for reasons of safety or fair competition". EHRC chairwoman Baroness Kishwer Falkner said the changes, which will be subject to a six-week public consultation, were intended to satisfy a "demand for authoritative guidance" after the ruling. The EHRC, a public body which enforces the Equality Act 2010, issued a code of practice to public services and businesses on how to comply with the law. The regulator began redrafting its code after the Supreme Court ruled in April that the terms "woman" and "sex" in the 2010 act "refer to a biological woman and biological sex". Shortly after that ruling, the EHRC published interim guidance intended to "highlight the main consequences of the judgment", including on the provision of single-sex toilets. That said trans women "should not be permitted to use the women's facilities" in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's toilets. On Tuesday, the regulator published a more comprehensive update to the code and began a public consultation, which it said had been extended to six weeks, from two, due to high levels of public interest and input from a range of organisations. It says people can be asked to confirm their birth sex in some circumstances if it is "necessary and proportionate" for a service provider to "know an individual's birth sex to be able to discharge their legal obligations". Any request should be made in a "sensitive way which does not cause discrimination or harassment", it said. The commission adds that if there is "genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested". As some trans people who have obtained a Gender Recognition Certificate may also have an amended birth certificate, the draft code says any further enquiries about biological sex at birth should be "made in a proportionate way which is discreet and sensitive" in the "unlikely event" they are needed. The code says: "Where obtaining information on birth sex is not necessary and proportionate, asking a trans person about their birth sex may risk unjustifiably interfering with their human rights... "Therefore, care should be taken, particularly by public authorities, that this is only done where necessary and justified. "Discrimination or harassment could occur if, for example, individuals are asked about their birth sex in a way which may require them to disclose this information in public, or if the language or manner of a request is rude, combative or offensive." Elsewhere, the draft guidelines say a service provided only to women and trans women or only to men and trans men "is not a separate-sex or single-sex service" under equalities law, and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use it. In a statement published alongside the draft updates, Baroness Falkner said: "People with protected characteristics should never be discriminated against or harassed when using a service. "Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. "It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so." Five key takeaways from Supreme Court ruling Trans former judge plans to challenge gender ruling at European court
