Kira Herdman

The Equality and Human Rights Commission (EHRC) has finalised updates to its Code of Practice on single-sex services.

The UK’s top human rights regulator, which has faced criticism for its policies on transgender people, has shared a finished version of its Code of Practice for services, public functions, and associations with equalities minister Bridget Phillipson.

The EHRC began consulting on updates to the Code in April, following the FWS v Scottish Ministers Supreme Court decision that clarified the 2010 Equality Act’s definition of women as referring to “biological women.” The EHRC has admitted to using AI to overlook many responses submitted during the consultation.

Proposed changes included clauses that would require transgender people to carry identification with them into “single-sex” facilities, such as changing rooms and toilets.

Draft proposals, including forcing transgender people to bring ID into toilets, have been criticised by multiple rights groups. These groups argue that the “harmful” regulations would push transgender people out of public life.

Speaking on Friday (5 September), EHRC chair Baroness Kishwer Falkner stated that the changes reflected “over ten years of new legislation,” including the Supreme Court ruling.

She continued, “The government is responsible for laying it before Parliament. Once Parliament has considered its content, I look forward to the EHRC publishing this guidance. This will fulfil our statutory role to provide clear information that protects everyone’s rights under the Equality Act 2010.”

”We have been clear that service providers, associations, and public functions should not wait for the Code of Practice to be published before making any necessary changes to comply with the law. As duty-bearers, they must ensure they understand their legal responsibilities in their specific circumstances and seek independent legal advice if needed.”

The finalised Code of Practice has not yet been made public and is likely to remain unpublished until the government approves its changes. This approval will initiate the process of making its provisions legally binding.

Earlier this month, over 80 organisations and activist groups signed an open letter urging Prime Minister Sir Keir Starmer to hold a “meaningful debate” on the Code’s new provisions in the House of Commons.

The letter, published on Monday 1 September, states that Parliament and the public are not expected to see the Code until after it has received ministerial approval. This means MPs will have no opportunity to debate or vote on this significant change.

As part of its public consultation on the updates, the Equality and Human Rights Commission (EHRC) received over 50,000 responses from the UK public. It claims to have reviewed these responses since the consultation period ended in August.

Groups and activists have accused the regulator of rushing the changes. In a column for PinkNews in May, former Green Party co-leader Carla Denyer expressed concerns that the proposed updates wouldn’t keep ”anyone safe, regardless of their gender identity.”

Denyer continued, ”stating that the implications of these guidelines are deeply worrying. She warned that trans people could face having to out themselves to use facilities and services, which would violate their right to privacy. At worst, she feared that the guidance could act as a tool for bigotry, leading to vigilante harassment, intimidation, and violence against trans people.”

Denyer urged people to contact their MPs and ask them to stand up against this perceived overreach.

Responding to the EHRC finalising its Code of Practice, Trans Solidarity Alliance founder, Jude Guaitamacchi said to PinkNews: “We have to fight this – and bring transparency and democracy to this process rather than allow rights to be taken away behind closed doors. For trans people and anyone who care about us – tell your MP now to stand up against this terrifying overreach.

“We all need to see what the EHRC has created and Parliament needs to be able to scrutinise it properly with a free vote, not have it gain ministerial approval in secret.”

The Good Law Project has already stated their intention to take the Equality and Human Rights Commission to court if this finalised guidance is made into law.

Let’s hope this gets debated in parliament, though I don’t have much hope in that.