MP Nadia Whittome writes to Women and Equalities Minister urging protection for trans rights

Labour MP for Nottingham East, Nadia Whittome, has written to Bridget Phillipson, the Women and Equalities Minister, ahead of forthcoming statutory guidance from the EHRC that could have a profound impact of trans lives in the UK. Nadia, who is a strong trans ally, urges Phillipson to reject anything in this guidance that will undermine trans people's rights, inclusion, privacy or safety, and asks for Parliament to have proper oversight.

A recent Supreme Court ruling which stated that women under the Equalities Act (2010) should be defined as ‘biological’ triggered interim guidance to be issued by the Equality and Human Rights Commission (EHRC). Many raised concerns about the impact of this guidance and over 50,000 responses were received by the EHRC during their consultation period. Despite the ruling, trans lives should still be protected from discrimination as a protected characteristic under the Equality Act (Gender Reassignment).

In her letter to the Women and Equalities Minister, ahead of her tabling the new Equality Act Code of Practice for Services, Public Functions and Associations from the EHRC, Nadia Whittome MP explains: "This guidance has the potential to have a profound impact on the day-to-day lives of my trans constituents. The policies and actions of services, organisations and businesses with which they interact on a daily basis will be shaped by this guidance.

“Unfortunately, trans people have little faith in the EHRC when it comes to matters relating to trans peoples right and inclusion. I sadly share their concerns.”

Whittome adds that MPs and the public are yet to see the final version of the EHRC’s Draft Practice, following the consultation. She writes that she is “deeply concerned that trans people could see significant erosion of their rights in this country, widespread discrimination, and frequent exclusion from facilities that are essential to them, such as toilets. This would also heighten the risk of trans people experiencing harassment and violence."

She continues: “TransActual has already compiled evidence of increased discrimination in the wake of the Supreme Court ruling and the publication of the interim and draft guidance, as well as testimony from trans people who are preparing to make drastic changes to their lives including finding other work, leaving the country, hiding their identity, or avoiding hospitals.

“On top of this, the guidance could become statutory without MPs or the general public having sight of it first. I hope you would agree that it is important that such significant decisions are subject to proper Parliamentary oversight and scrutiny.

“As you will be aware, this year the UK dropped six places to 22nd place in the ILGA- Europe's annual LGBTI rights ranking for European countries. Ten years ago, we were at the very top. The ILGA-Europe explicitly stated that our fall this year was a direct result of the Supreme Court ruling and the EHRC's subsequent interim guidance.

“International human rights bodies are sounding the alarm loud and clear that we are going in a dangerous, regressive direction on trans rights. It is essential that our government listens.

“Trans people must not be treated as second-class citizens; their human rights must be upheld."

Concluding her letter, Nadia Whittome urges the Women and Equalities Minister to use her power and act; publishing the Code Practice from the EHRC in advance to making it statutory; rejecting any parts of the Code of Practice that undermine trans people's rights, inclusion, privacy or safety; to allow meaningful Parliamentary scrutiny, debate and a free vote on the Code of Practice before it is made statutory; And to consult with trans-led organisations about the Code of Practice before it is made statutory.