Impasse over EHRC single-sex spaces guidance ‘distracting from other issues’ | Gender
The ongoing impasse over the UK’s human rights watchdog’s guidance on access to single-sex spaces has caused a distraction from other pressing issues, including the rise of the far right, people who spoke to the Guardian said.
Some staff at the Equality and Human Rights Commission (EHRC) are described as “desperate for regime change” ahead of new chair Mary-Ann Stephenson taking office in December.
It comes as Labor supporters and equalities experts say the appointment of up to four new board members to the EHRC should be an opportunity to broaden its approach and possibly appoint the watchdog’s first transgender commissioner.
The EHRC expects UK ministers to approve its official guidance on how public bodies, businesses and other service providers should respond to the high court’s decision in April that the legal definition of woman is based on biological sex.
The new guidance is expected to closely mirror the interim advice issued by the EHRC immediately following this decision, which stated that transgender people should not be allowed to use toilets belonging to the gender they live in.
It was criticized by trans rights advocates and some within the commission as being too realistic.
Current chairwoman Lady Kishwer Falkner, who will step down on November 30, expressed disappointment in the time ministers were taking to approve important new guidance.
But equalities minister Bridget Phillipson said they were “taking time to get this right” and that the final draft should be considered “thoroughly and carefully”, while other ministers denied there was any deliberate delay.
The campaign group Women for Scotland, which brought the original case that resulted in the high court decision, also warned that “all the wrangling over the rules of practice obscures the crucial point that the law stands independently of any guidance”.
The Guardian has previously reported serious unease among subcommittee staff over the way the response to the high court ruling was handled.
An EHRC source said: “There’s been a pause, a pause, a pause but we run the risk of not being adequately staffed or functional any time soon. I understand the tactic but it won’t work very well if we can’t get any work done until recruitment is sorted.”
Meanwhile, the government is advertising up to four new commissioners to join Stephenson. The EHRC, which is required by law to have between 10 and 15 commissioners, currently has just eight, and all but one of these members were appointed during the last Conservative government.
Deputy leader and Scottish commissioner Lesley Sawers and commissioner Joanne Cash will also finish their terms on November 30. Akua Reindorf’s term ends on December 31.
Some Labor MPs, as well as figures in the wider policy sector, are understood to believe the current impasse is a distraction from other pressing issues, including the rise of the far right and its impact on the communities the EHRC serves.
They encourage applications for commissioner roles where they see them taking a more nuanced approach to trans inclusion.
A Labor supporter said: “As these submissions come in, it is important to have such a breadth of experience and expertise on the board and as part of these discussions please encourage people from the trans community to consider this issue, or have you considered applying?”
“This wide range was required from the time the EHRC was first established but may have been narrowed by more political appointments under the Conservatives.
“When a group of us met with the current board members and the current president, we felt very strongly that there was no understanding of the impact of the Supreme Court decision on the transgender community.”
Another Labor supporter said they hoped more people would apply: “We need commissioners who have real-world experience of the issues they’re dealing with.”
Stonewall said the arrival of the new chair and commissioners was an opportunity “to rebuild an EHRC that re-embeds fairness, balance and respect at its core”.
CEO Simon Blake said: “We live in a time of uncertainty and turmoil for many people, which is an opportunity to review the strategic approach of our National Human Rights Institute so that everyone, including transgender people, can enjoy the rights and freedoms that the EHRC has been established to protect and defend.”
But Susan Smith of Women’s Scotland called on Phillipson to “stop lying” about endorsing the EHRC guidance.
“Trying to prevent the publication of the law or forcing the EHRC to misrepresent the law will not change the high court’s decision,” he said.
“MPs have the power to amend or repeal the Equality Act if they are unhappy, but they may realize this will affect their chances of re-election as the majority of voters support the decision.
“The minister needs to stop lying and end this as soon as possible. 16 days of activism against gender-based violence“The government must remember that women make up half the population and our human dignity, privacy and security rights are important.”
An EHRC spokesperson said: “Appointments to our commission board are made by the minister responsible for women and equality through the standard public appointment process.
“Our commissioners come from all walks of life and bring with them a wide range of skills, expertise and experience.
“This diversity helps us make impartial and independent decisions and ensures we continue to protect the rights of all people in Britain, including transgender people.”
