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The government plans to release updated guidance on the use of single-sex spaces in the month following the elections on 7 May, according to equalities minister Bridget Phillipson. However, due to election-related restrictions, the government is currently unable to make further public statements or publish the new guidance immediately. This delay was explained in a written statement Phillipson provided to MPs.
The Equality and Human Rights Commission (EHRC) submitted a revised draft of its Code of Practice on Monday. This code offers direction for organizations on how to apply equalities law, and has been under revision since a Supreme Court ruling clarified that the definition of “woman” in the Equality Act should be based on biological sex. The initial draft of this updated guidance was presented in September but has since been modified. According to EHRC chair Dr Mary-Ann Stephenson, these latest alterations respond to a limited number of government comments, as well as feedback from consultations and legal advice.
Stephenson emphasized that the amendments are intended to improve clarity for those responsible for implementing the law, enabling them to better understand how it applies in various everyday situations. The goal is to ensure that all individuals using services are treated with dignity and respect, consistent with the Equality Act. Phillipson reinforced the government’s position in support of single-sex spaces defined by biological sex, noting that the Supreme Court ruling also highlighted existing protections for transgender people within the Equality Act.
Following the elections in England, Scotland, and Wales, the government intends to swiftly present the guidance to Parliament. However, the House of Commons will not resume sitting until the State Opening of Parliament on 13 May, and will then pause again for recess on 21 May. Once the Code of Practice is laid before Parliament, it will be subject to a 40-day review period before becoming statutory, unless either the Commons or the Lords formally reject it. Meanwhile, responses from advocacy groups reflect mixed reactions: trans rights campaigner Alex Parmar-Yee described the revisions as a positive step toward workable trans-inclusive policies, whereas sex-based rights advocate Maya Forstater criticized the delay in publishing the guidance, calling it harmful to women after the extended wait following the Supreme Court decision
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