THE Equalities and Human Rights Commission (EHRC) has issued new guidance advising Labour to ban transgender people from accessing any single-sex spaces.
In fresh guidance which was submitted to ministers on Thursday, the equalities watchdog said that women could sue organisations for harassment if they allow trans women into single-sex spaces, The Times reports.
It comes after reports last month suggested that the guidance would call for a total ban on trans people accessing single-sex spaces, including changing rooms and toilets.
According to The Times, the guidance states that if a service is provided only to women and trans women, or only to men and trans men, this could amount to unlawful sex discrimination against those who cannot use it.
For example, if a changing room allows both women and trans women, the guidance reportedly states that a man could claim discrimination because he could not access the space.
The guidance is also believed to say that a woman using that service could be the victim of unlawful sex discrimination, or that it could lead to unlawful harassment.
If a service provider chooses only to provide mixed-sex facilities, without a single-sex option, the EHRC guidance states this could also count as either direct or indirect sex discrimination against women.
Under the guidance, organisations do not have to offer single-sex spaces – but, if they do, they must be based on biology.
The Times reports that the guidance is likely to say that organisations should consider a separate service for trans people if they wish to retain single-sex spaces.
The EHRC guidance – which has not been made public at the time of writing – was sent to women and equalities minister Bridget Phillipson on Thursday. It is understood that she will review and approve it, as long as she considers it to be in line with the law.
The guidance would then be laid in parliament, and would come into force automatically after 40 days.
Baroness Kishwer Falkner, EHRC chairwoman, said: “We have now submitted an updated draft of the code to the Minister for Women and Equalities. The government is responsible for laying it before Parliament.
"Once Parliament has considered its content, I look forward to the EHRC publishing this guidance, fulfilling our statutory role to provide clear information that protects everyone's rights under the Equality Act 2010."
The EHRC is facing a legal challenge over its guidance, with a full hearing due in November.
Good Law Project, who are bringing the challenge, claim the EHRC guidance goes “far beyond” the Supreme Court’s ruling, which said in April that sex must be considered biological under the 2010 Equality Act.
“It amounts to a bathroom ban for trans people, violating people’s right to privacy in their everyday lives,” Good Law Project said.
People have privacy rights under Article 8 of the European Convention on Human Rights, which campaigners argue may be breached by having to reveal biological details to use the toilet.
It comes as First Minister John Swinney said on Thursday that "action is being taken" in Scotland following the Supreme Court ruling.
Two MSPs raised the matter during First Minister's Questions, asking for an update on the steps the Scottish Government is taking following the judgment.
Swinney said: “The Government has made clear since the Supreme Court ruling that we accept that judgment and that we’re taking forward detailed work that is necessary as a consequence.
“A working group convened by the private secretary is actively considering the implications of the judgement across every key area of government, as a result of this work, action has already been taken, including updated guidance for Gender Representation Public Boards Act 2018, and amendments to the public appointments recruitment process for regulated public bodies through which the act is applied.
“Through joint working with Police Scotland we will publicly consult on the stop and search code of practice before the end of this year, so action has been taken."
