Green-led councils slam new equalities guidance as attack on trans rights
Council leaders condemn the guidance, saying it is harmful to the rights of trans people and makes their exclusion from public life more likely, not less.
The leader of Haringey Council has slammed new government equalities guidance as an attack on trans rights – calling it “simply unacceptable”.
The comments came in a letter to Bridget Phillipson MP, the Labour government’s minister for women and equalities, which was jointly signed by the leaders of six Green-led London councils, including Haringey.
The letter was sent on 5 August, the day the new guidance came into force. It follows last year’s ruling by the Supreme Court that the meaning of “sex”, “man” and “woman” in the Equality Act 2010 refers to biological sex at birth, which was criticised for contradicting the lived experience of many trans people.
Scientists do not accept that there is a single definition of biological sex.
The updated code is, in essence, statutory guidance on how organisations such as local authorities should now apply the Equalities Act 2010. Although not a set of new legal obligations in itself, courts may take the new regulations into account if relevant in a given case.
The letter condemning the new government advice was signed by Haringey Council leader Mark Blake, alongside the leaders of Lewisham, Hackney, Lambeth, Southwark and Waltham Forest councils.
In the letter, they say they lead boroughs "with collectively some of the largest Trans+ communities anywhere in the UK”, adding:
“We say this to you in no uncertain terms: Trans women are women, trans men are men, and non-binary identities are fundamentally valid.”
The Green councillors described the new code of practice enacted by the government as “harmful to the rights of trans people” and something that will “feel like an attack to the countless trans people in our communities who are simply trying to live their lives in safety and wish to be treated with respect”.
The local authority leaders said they were committed to making their boroughs “safe, welcoming and inclusive places for all residents, regardless of their background or identity”.
They urged the Labour minister to confirm that the new code of practice “cannot be interpreted to exclude Trans+ people from services and must be used to create inclusive services”.
The borough leaders called on the government to introduce legislation “which protects the rights of Trans+ people, ensuring that they are able to participate fully in public life and access services safely, with privacy, and with dignity”.
They also demanded “an equalities framework that protects trans people’s safety, dignity and humanity”.
According to the government, the code provides updated "guidance" aimed at addressing “discrimination, harassment and victimisation in services and public functions”.
Speaking in May in support of the new guidance, Labour minister Phillipson said: “The Equality Act enshrines our rights in law so that people can live free from discrimination and harassment.
“Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law.
“I thank the EHRC [Equality and Human Rights Commission] for their work updating the draft Code of Practice, and look forward to continuing to work with them to ensure people’s rights are upheld across our country."
Reporting by Joe Ives, Local Democracy Reporter, with minor editorial additions Dorothy Stein.
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