UK (Parliament Politics Magazine) – Education Secretary Bridget Phillipson urged the EHRC to focus on finalising gender recognition guidance rather than engaging in public debate amid tensions.
As reported by The Guardian, Equalities Minister Bridget Phillipson urged the EHRC to focus on supporting government work rather than public debate amid delays on gender recognition rules.
The comments come after the Equality and Human Rights Commission urged the government to approve guidance on a landmark Supreme Court transgender ruling quickly.
The Supreme Court ruled on April 16 that under the Equality Act, “woman” and “sex” refer only to biological definitions, a ruling welcomed by gender-critical campaigners.
The Equality watchdog has prepared statutory guidance on applying the ruling and submitted it to ministers for approval.
Officials warned that reviewing the 300-plus-page document will take time and blamed the EHRC for delays in providing essential information, including the equality impact assessment.
What did Bridget Phillipson say about EHRC guidance delays?
Bridget Phillipson said ministers must consult devolved governments, stressing the process cannot be rushed.
When questioned about EHRC chair Kishwer Falkner’s call to approve the guidance “as soon as possible”, the education secretary described it as unhelpful.
She said,
“We’ll get this right. We’ll do it thoroughly and carefully, but we also require the regulator to provide us with the information that we need as a government to consider all of that together – the code of practice, together with other material that we require.”
Ms Phillipson stated,
“And bit more focus on that and a little less focus on public debate would be helpful.”
The final guidance remains under ministerial review and must be approved by the Equalities Minister before going to Parliament.
Insiders at the watchdog said the guidance closely follows interim advice from April’s ruling.
The interim guidance drew backlash from MPs and trans groups, warning it could exclude transgender people from using toilets aligned with their gender or birth sex, effectively limiting access to public spaces.
The EHRC confirmed last month that the guidance had been removed from its website.
When asked if the new guidance would be approved by Christmas, Ms. Phillipson replied,
“I can’t put a timescale on it. I think what matters is that we go through it line by line.”
She stated,
“We’re going through it line by line, but we also have to consult with the devolved governments as part of this process, and that work is currently under way.”
When asked about MPs’ concerns regarding the effect on trans people, she responded, “I’ve always believed in the importance of single-sex spaces for women. I used to run a women’s refuge, I know how important it is that women who have experienced male violence and trauma have the time to heal in a safe environment.”
Ms Phillipson added,
“I’m also clear that trans people should not suffer prejudice or discrimination because of who they are.”
What did Labour MPs warn ministers about in a letter on gender rules?
Last month, dozens of Labour MPs wrote to Business Secretary Peter Kyle, warning that new gender rules could disrupt businesses.
In a private letter, they expressed serious concern over the guidance, highlighting both financial burdens and complex legal challenges.
The MPs wrote,
“Businesses have told us that while, up until now, they have been used to resolving issues quickly and quietly, in line with corporate codes of conduct about values of tolerance and respect, and with a commonsense approach, they believe that, if the draft code becomes an official code of practice, they will find disputes frequently escalating into expensive court action.”
The letter states,
“We do not believe the Equality and Human Rights Commission has provided satisfactory responses to questions around how they expect businesses to implement such stringent expectations.”
One signatory of the letter added,
“The EHRC have attempted to rush this process and clearly have not listened to the concerns of businesses and employers. That is why we have written this letter, to make sure their voices are heard and so the government and the EHRC understands the potential impact of the code of practice.”
What did the EHRC say on the timing of gender guidance approval?
The equality watchdog raised doubts over the timeline for approving the guidance.
EHRC told The Times there’s no need to review business costs and urged Bridget Phillipson to act quickly.
According to the newspaper, opponents accuse Ms Phillipson of delaying to avoid clashes with backbenchers.
A government source said,
“This is a long and legally complex document and we are carefully considering it – and we make no apology for it. It would be catastrophic for single sex-services to follow guidance that wasn’t legally sound and then place them in legal jeopardy again. That is why it is vital we get this right.”
They added,
“We have always been clear that the proper process needs to be followed, which includes understanding the potential impact on businesses, public functions and services.”
How did the Supreme Court rule on trans women’s rights?
In an 88-page ruling, Lord Hodge, joined by Lords Reed and Lloyd-Jones and Ladies Rose and Simler, ruled that although the word “biological” is absent from the Equality Act, the ordinary meaning of “man” and “woman” aligns with biological traits.
Referring to the judgment, Baroness Kishwer Falkner, chair of the Equality and Human Rights Commission, said,
“We are pleased that this judgment addresses several of the difficulties we highlighted in our submission to the court, including the challenges faced by those seeking to maintain single-sex spaces and the rights of same-sex attracted persons to form associations.”
Tory leader Kemi Badenoch stated,
“The era of Keir Starmer telling us women can have penises has come to an end.”
She added,
“Saying ‘trans women are women’ was never true in fact, and now isn’t true in law either. This is a victory for all of the women who faced personal abuse or lost their jobs for stating the obvious. Women are women and men are men: you cannot change your biological sex.”
What does the EHRC do?
The EHRC is an independent statutory body in the UK. It promotes and enforces laws to protect people’s rights, eliminate discrimination, and uphold human rights across nine protected characteristics, including age, disability, sex, race, and religion.
It acts as a catalyst for change, an information provider, an enforcer of equality laws, and an evaluator of progress, using legal powers to address systemic inequalities and human rights abuses.