MPs call for single-sex space guidance to be blocked

A number of MPs, including many from the Labour Party, have signed a Commons motion calling for a block on the guidance recently issued by the Equality and Human Rights Commission (EHRC) on the use of single-sex spaces.

A total of 135 MPs, of which 69 are from Labour, have signed the motion, citing concerns about how the implementation of the guidance will affect transgender people. It is unlikely that the Commons motion would stop the guidance as this would require a vote which the government is disinclined to do. However the signatories want the government to listen to their concerns and consider possible new legislation to address them.

The guidance from the EHRC comes after the Supreme Court’s ruling last year that sex in the Equality Act refers to biological sex. The code of practice outlines practical measures to ensure that single-sex spaces, such as toilets and changing rooms, should only be used by people of that biological sex.

Two members of the EHRC, the Chair, Mary-Ann Stephenson, and the Chief Executive, John Kirkpatrick, attended the House of Commons Women and Equalities committee last week to answer questions about the practicalities of the new guidance. While some MPs praised the EHRC for protecting women-only spaces, others had concerns.

“Several people have told me they are actively avoiding seeking medical care over fear of what ward they will be put on,” said one backbench MP. “One trans man said he would rather die than be put on a women’s ward.”

Another Labour MP spoke about their concern about people deciding whether to challenge a person who appeared to be using a single-sex space not intended for them. “Mary-Ann Stephenson kept talking about ‘common sense’,” they said. “You can’t operate that way because it’s completely subjective. Organisations will be worried they will be sued if they get it wrong.”

Kevin McKenna, Labour MP and former nurse, said that he had “serious concerns” about whether the guidance “can function at all in the real world” and may not “survive contact with reality”. “This guidance is not ready, not practical, and not safe to implement,” he said. “It will lead to terrible situations for trans people and their friends and families. It will not make life any safer for anyone else.”

The code of practice is laid before Parliament for forty days, which concludes early next month, after which it will become statutory guidance.