Thank you for contacting me about the operation of single sex spaces.
As you know, the Supreme Court has ruled on the definition of “woman”, “man” and “sex” for the purposes of the Equality Act 2010. The court was clear that when a space or a service is provided for women only, only biological women can use it. This ruling protects the rights of women and girls as well as offering clarity to service providers who provide single-sex spaces.
However, in the 12 months since, the Government has done very little to enforce the law.
Following the ruling, the equalities watchdog, the Equality and Human Rights Commission (EHRC), consulted on a draft Code of Practice for services, public functions and associations on how to implement the clarification in the law. The purpose of the Code of Practice is to provide clarity and guidance on how service providers can comply with the Equality Act.
That Code of Practice was sent to the Equalities Minister, Bridget Phillipson, for official government sign-off – she should then have submitted it to Parliament. It took nine months for her to do so.
The guidance needs to be implemented across the whole of society, including within the private sector, prisons, charities and schools. The Government must also end the scandal of NHS trusts still allowing men to use the female staff changing rooms and women’s wards.
