Today, along with over 80 partner organisations, we are writing to MPs across the UK calling for robust Parliamentary scrutiny of the Equality and Human Rights Commission’s (EHRC) forthcoming Code of Practice on Services, Public Functions and Associations.

Read the joint letter from trans+/LGBTQ+ organisations here.

If Bridget Phillipson, Minister for Women and Equalities, does not make provision for a debate, this new Code — a likely bathroom ban — will come into effect automatically, without any democratic debate or a vote in Parliament, 40 days after she publishes it. This is despite the fact that it could mark one of the most significant changes to the operation of equality law since the passage of the Equality Act itself.

The draft Code produced by the EHRC sets out a framework for exclusion and segregation. It undermines the rights and dignity of both trans and cisgender people, while also creating legal and logistical risks for businesses, service providers and public bodies. Concerns have already been raised by UN human rights experts, the Scottish and Northern Irish Human Rights Commissions, and professional associations, about its legality, cost, and compatibility with fundamental rights.

We are already seeing the terrible impact that this segregation policy has had, where businesses have taken the risk of implementing the draft Code before it has been finalised. Reports have revealed that trans and, in many cases, cisgender people are facing humiliation, forced outing, violence, vigilantism, and wholesale exclusion — whether they try and follow the discriminatory rules or not. People are already limiting the scope of their lives out of well-justified fear. 

In principle, any change to law or policy that risks the human rights of any group should be subject to full Parliamentary oversight. That means detailed scrutiny, meaningful debate and a free vote — not automatic implementation by ministerial diktat.

We are therefore asking MPs to write to the Minister for Women and Equalities and the Prime Minister to ensure that this Code is subject to a full democratic process. Anything less would represent a serious failure of parliamentary duty.

We are also encouraging individuals to take action. We have provided a template letter that you can use to write to your own MP, outlining your personal concerns and asking them to push for proper scrutiny of the Code. It is vital that MPs hear directly from the people whose lives will be affected.

Template letter for individuals to write directly to their MP.

Further Information:

For further information, contact press@transactual.org.uk.