What is the public consultation about?
On 16th April, the UK Supreme Court ruled that the terms “sex”, “man” and “woman” in the Equality Act refer to “biological sex” only, and do not extend to trans people with Gender Recognition Certificates (GRCs).
The Equality and Human Rights Commission (EHRC) are now updating the sections of the statutory Code of Practice for Services, Public Functions and Associations affected by the ruling. As part of this process, they are seeking public feedback on the changes they have made.
How can I take part in the consultation?
The consultation opened on 20th May and runs for six weeks until Monday 30th June. The consultation is open to any interested individual or organisation, so anyone can take part.
Read our guidance on responding to the consultation
You can find the draft Code the EHRC are consulting on here.
The online survey to submit your responses is here. You can request a reasonable adjustment by emailing correspondence@equalityhumanrights.com or phoning 0161 829 8100.
Note that the online response survey has a strict word limit, so you will need to tailor your responses carefully.
The EHRC has now also said that it will not accept arguments that challenge the Supreme Court ruling. So we recommend that you focus on how the EHRC is going beyond what the Supreme Court actually said.
Do I need to take part in the consultation?
Ideally, we want plenty of people and organisations to respond to the consultation, to clearly and powerfully raise our concerns about how this will impact the trans and non-binary, LGBTQ+, disabled, cisgender and other communities.
However, working through the public consultation will take time and mental/emotional energy, and some people may prefer to focus their energies elsewhere.
To help with this, we’ve advised on how you can respond if you have only 10 minutes; if you have 15 minutes; or if you have 30 minutes or more.
Timing
If you do decide to take part in the consultation, take your time and pace yourself. So long as you submit your responses by the deadline (11.59pm on Monday 30th June), they will be valid.
It has been argued by some individuals that it is better to respond later (i.e., towards the deadline for this consultation) than earlier. This is on the basis that it is harder for the EHRC to gallop through early responses and then rush its recommendations out to Parliament before the summer.
Up to you. If you are good at hitting last minute deadlines, go for it. If they make you nervous, respond now.
Who can help me fill in the consultation?
TransActual have worked with individuals and organisations within the trans, non-binary and LGBTQ+ communities to develop a co-ordinated consultation response.
Read our guidance on responding to the consultation
Other useful resources
The UK Supreme Court judgement
The current (2011) statutory Code of Practice
Other information
As part of their consultation process, the EHRC have stated that they will hold Q&A sessions with stakeholders representing affected protected characteristic groups; meet with governments from across Britain; and hold briefings for Parliamentarians.
It currently looks as though the EHRC only intends to hold two sessions with stakeholders. We have been invited to one on 16 June. However, due to our unavailability (we were invited on 11 June) and concerns about what the session was actually intended for, we aren’t able to be there. We now understand that 22 LGBT+ organisations, including ourselves, have been invited to this 90 minute meeting. This certainly does not look like the specific or meaningful consultation with trans organisations as Government had requested.
What else can I do?
Given their track record, it seems likely that the EHRC will not be paying a lot of attention to ‘special pleading’ from trans people. They are much more likely to respond – and perhaps amend their guidance – following representations from non-trans folk.
As such, it will also be helpful to encourage any organisations, services or businesses (including Trade Unions, Sports Clubs, etc.) that you have connections with to respond to the consultation, both to influence the EHRC and to make businesses aware of the issues in the Code before it is enshrined into statutory guidance.
You can use the template letter here to write to any business, organisations or services you think will engage.
Do not keep it to yourself!
For the same reason, it is important that the EHRC is hearing from influencers: especially MPs and Lords.
Therefore, once you have written your own response, make sure you copy it to your MP; to the Minister for Women & Equalities, Bridget Phillipson, and to any Lords that you may know.
Whether you are an individual or an organisation, please do send a copy of your response to us at policy@transactual.org.uk. Please also let us know if you’re happy for us to send it on to Government, if you’re happy for us to quote from it, and if you’ve received confirmation that EHRC has received your submission.
What happens after the consultation closes?
The EHRC will review the responses received and make necessary amendments to the draft Code of Practice. It will then be submitted to the Minister for Women and Equalities (Bridget Phillipson, MP) for approval and laying in Parliament, before it acquires statutory status.
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