Question
In the three months since the revised code of practice came into force, trans people have reported being forced out of all single-sex spaces, such as toilets for either gender, and they feel that the clock has been turned back to a time when their very existence was policed. That is clearly incompatible with their ongoing protections under the Equality Act, and I hope that it is not in the spirt of what the EHRC hopes to achieve. Will the Minister keep listening to the real-world experiences of trans people and, if necessary, tell the EHRC to look again at the code?
Answer
The EHRC will keep the impact of its guidance under review. The code is clear that trans people should not be left without facilities to use. Where single-sex services are provided, service providers should consider alternative options, such as gender-neutral or individual self-contained facilities, to ensure that trans people are included. We expect service providers to take proportionate approaches that protect safety and privacy for everyone.
Verdict: AMBER (46/100)
The reply partly answers the question. On whether the Minister will listen to trans people's real-world experiences, it gives only a general statement that the EHRC will keep the impact of its guidance under review, with no concrete mechanism for hearing those experiences, so that part is largely hedged. On whether the Minister will ask the EHRC to revisit the code, the reply gives a clear answer: it does not, because the EHRC is an independent regulator and the review is its responsibility. A member of the public would likely need to follow up on the first point for specifics.
How we got there
| Question item | Coverage | Specificity | Rationale |
|---|---|---|---|
| Will the Minister continue to listen to the real-world experiences of trans people in relation to the revised services code of practice? | Partially Addressed | Hedged | The reply does not say whether the Minister will listen to trans people's real-world experiences; it only says the EHRC will keep the impact of its guidance under review, which is a general monitoring statement with no concrete mechanism for hearing those experiences. |
| Will the Minister, if necessary, ask the Equality and Human Rights Commission to look again at the services code of practice? | Addressed | Direct | The reply implicitly declines to ask the EHRC to revisit the code and gives a reason, namely that as an independent regulator the review is for the EHRC, so the item's question of whether the Minister would ask for a re-look is answered with a stated reason. |