Impasse over EHRC single-sex spaces guidance distracting from other issues'

"Some members of staff at the Equality and Human Rights Commission (EHRC) are described as desperate for regime change ahead of the new chair, Mary-Ann Stephenson, taking up her post in December. It comes as Labour backbenchers and equalities experts say that the appointment of up to four new board members to the EHRC should be an opportunity to broaden its approach and potentially appoint the watchdog's first trans commissioner."

"The EHRC is waiting for UK ministers to approve its official guidance on how public bodies, businesses and other service providers should respond to the supreme court's April ruling that the legal definition of a woman is based on biological sex. The new guidance is expected to closely reflect interim advice stating that transgender people should not be allowed to use toilets of the gender they live as, published by the EHRC immediately after that ruling. It has been criticised by trans rights campaigners and some inside the commission as overly literal."

"The current chair, Lady Kishwer Falkner, who will leave her post on 30 November, has expressed frustration at the time ministers are taking to approve the crucial new guidance. But equalities minister Bridget Phillipson has insisted they are taking the time to get this right and that the final draft must be considered thoroughly and carefully, with other ministers denying any deliberate delays."

An impasse over EHRC guidance on access to single-sex spaces is diverting attention from other pressing issues, including the rise of the far right. Some EHRC staff want regime change before the new chair, Mary-Ann Stephenson, takes up her post in December. The appointment of up to four new board members is seen as a chance to broaden approach and possibly appoint a trans commissioner. The EHRC awaits ministerial approval of guidance responding to the supreme court ruling that the legal definition of a woman is based on biological sex. The expected guidance mirrors interim advice barring transgender people from using toilets of the gender they live as, and has been criticised as overly literal. The current chair has expressed frustration at delays, while the equalities minister says ministers are taking time to consider the final draft carefully. Campaigners note that the law stands regardless of guidance.

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