The chairwoman of the Equality and Human Rights Commission, has said it is unacceptable to question the integrity of the judiciary following last month’s landmark Supreme Court ruling on trans rights.
Last month, in the case of For Women Scotland vs Scottish Ministers, the Supreme Court ruled that for the purposes of the Equality Act 2010, “sex” and “women” refer to biological sex and biological women.
Writing in The House magazine, Baroness Falkner said the public discourse on this topic continues to be polarised. “Naturally, parliamentarians will highlight constituents’ concerns,” she said.
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“They will articulate whether they believe the law strikes the right balance between different rights. But it is unacceptable to question the integrity of the judiciary, or indeed the regulator, as some have done.”
While the government has said the ruling has brought “clarity” to the issue, some MPs have criticised the judgment, with the Green Party calling for an EHRC update on the practical implications of the ruling – published last week – to be withdrawn.
Falkner said that the EHRC upholds and enforces the Equality Act, which means incorporating the Supreme Court’s ruling into its guidance and explaining what it means to employers, service providers and other duty-bearers who must put it into practice.
“Having served as chairwoman for over four years, I’m under no illusions that this will make us universally popular,” she wrote. “Yet our response will continue to be firmly grounded in the law. I can wholeheartedly reassure all who rely on us that every explanation of equality law from the EHRC will be accurate and authoritative. That is our job.”
I beg every legislator to read the judgment in full” – Baroness Falkner
She said that for two years before the judgment, the EHRC has called on government and Parliament to consider redefining ‘sex’ in the Equality Act, to identify the potential implications of this change on those affected, and to debate the issue and find the least discriminatory way forward.
“But the unambiguous ruling of the Supreme Court has now clarified what the law is,” she said. “I beg every legislator to read the judgment in full. I regret any uncertainty among duty bearers and the public that has been fuelled by misunderstanding and distortion, particularly across social media. The judgment is a model of clarity.
“The law it sets out is effective immediately. Those with duties under the Equality Act should be following it and taking specialist legal advice where necessary.”
The EHRC has said it will launch a two-week consultation to understand the practical implications of the judgment later this month to help inform a new code of practice, which will be submitted for ministerial approval by the end of June.
Falkner concluded: “As Britain’s equality regulator, we will ensure protection for every characteristic safeguarded under the Equality Act, including sex, sexual orientation and gender reassignment. We will promote equality and tackle discrimination in all its forms.
“A shared and accurate understanding of our equality laws is essential to that endeavour.”
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