Thank you to those constituents who have contacted me about the recent Supreme Court judgement on the interpretation of the Equality Act 2010. I’m sorry to hear of the concern this has caused you and I know that many trans people are worried about what it may mean.

The first thing I want to say is that trans people should be treated with dignity, respect and equality in law, just as we would expect all people to be so treated. It is a basic human right and I deplore those who attack, belittle or otherwise mistreat trans people.

On the Supreme Court judgement, it decided that references in the Equality Act 2010 to “man”, “woman” and “sex” were references to biological sex (meaning “the sex of a person at birth”). The judgment has not, however changed the law. What it has done is to give an authoritative interpretation of the legislation as it was enacted.

The Equality and Human Rights Commission is currently working on a new statutory code of practice to help service providers, public bodies and associations to understand their duties under the Equality Act.

As part of this, the Commission is consulting and seeking views, and I believe it is essential that it listens to as wide a range of voices as possible. Ministers will review the code of practice when it is ready.

On the issue of toilets and other facilities, which some people who have contacted me have raised, the interim statement issued by the EHRC said the following:

“In workplaces, it is compulsory to provide sufficient single-sex toilets, as well as sufficient single-sex changing and washing facilities where these facilities are needed.

It is not compulsory for services that are open to the public to be provided on a single-sex basis or to have single-sex facilities such as toilets. These can be single-sex if it is a proportionate means of achieving a legitimate aim and they meet other conditions in the Act. However, it could be indirect sex discrimination against women if the only provision is mixed-sex.

In workplaces and services that are open to the public:

• trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex
• in some circumstances the law also allows trans women (biological men) not to be permitted to use the men’s facilities, and trans men (biological woman) not to be permitted to use the women’s facilities
• however where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use
• where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided
• where toilet, washing or changing facilities are in lockable rooms (not cubicles) which are intended for the use of one person at a time, they can be used by either women or men.”

The Government continues to support protections for trans people in law – while also protecting single-sex spaces – and the Supreme Court also said that the ruling doesn’t change the legal protection for trans people in other respects and it will not have the effect of disadvantaging or removing protections from trans people. This is because, in addition to protection based on the protected characteristic of gender reassignment, trans people are also protected from discrimination based on being perceived as, or associated with, a sex which differs from their biological sex.

You may find this more detailed briefing helpful.

https://commonslibrary.parliament.uk/research-briefings/cbp-10259/

I believe strongly that trans people should be treated with equal respect and be able to live their lives in the same way as anyone else, free from discrimination and any harassment.

In support of this, the Government is committed to making all existing strands of hate crime an aggravated offence. At present, crimes motivated by race and religion are aggravated offences, whereas crimes motivated by sexual orientation, disability and transgender identity are not. The Government will also deliver a full trans-inclusive ban on conversion practices, while protecting the freedom of people to explore their sexual orientation and gender identity.

Thank you once again for contacting me about this very important issue when I hope I have been able to offer some reassurance.

Best wishes

Rt Hon Hilary Benn
MP for Leeds South
Secretary of State for Northern Ireland