I received an email this morning with a response from the government on the “update the equality act” petition many of us signed. Basically says no need to update as the current legislation makes it clear that biological males can legally be excluded from females only spaces, it actually uses a counselling session for female victims of sexual assault as an example of how it’s legal to exclude someone who is biologically male:
You recently signed the petition “Update the Equality Act to make clear the characteristic “sex” is biological sex”:
petition.parliament.uk
The Government has responded to the e-petition you signed.
The Government's response
Under the Equality Act 2010, providers are already able to restrict the use of spaces/services on the basis of sex and/or gender reassignment where justified. Further clarification is not necessary.
The Equality Act 2010 provides protection against discrimination, harassment and victimisation across a number of grounds, including sex. We are committed to upholding Britain’s long-standing record of protecting the rights of individuals against unlawful discrimination.
The Equality and Human Rights Commission (EHRC) have published guidance on the existing legislation which provides much needed clarity to those offering single-sex spaces. It does not change the legal position or the law.
As the guidance makes clear, it is entirely acceptable for providers of single-sex services to take account of the biological sex of their service users. Where it is a proportionate means of achieving a legitimate aim, the Equality Act 2010 is clear that service providers can exclude, modify or limit access for transgender people, even where they have a Gender Recognition Certificate (GRC). This includes where a service provider has concerns that the presence of individuals who are biologically male could prevent them from meeting their aims, such as in the example below, included in the guidance:
“A group counselling session is provided for female victims of sexual assault. The organisers do not allow trans women to attend as they judge that the clients who attend the group session are likely to be traumatised by the presence of a person who is biologically male.”
It is important that providers of single-sex services are clear that biological sex can be taken into consideration when providing services.
The Government is committed to maintaining the safeguards that allow organisations to provide single-sex spaces. It is important that the principle of being able to operate spaces reserved for women and girls is maintained. Government is committed to tackling harassment and abusive behaviours by all individuals, and ensuring single-sex spaces are safe for those using them.
The response to this petition was provided by the Cabinet Office.
Read the Government's response to this petition online.
Minister for Women and Equalities apologises for late response
The Minister for Women and Equalities, Kemi Badenoch MP, has apologised for the delay in responding to this petition. The minister said:
The delay was caused by exceptional factors including waiting for the conclusion of a directly relevant case being heard by the Court of Appeal in Scotland on this issue. We took the view that it would be helpful to the petitioners if we could respond in full knowledge of the Court’s ruling on this matter.
Read the Minister's letter apologising for the late response to this petition.
Thanks,
The Petitions team
UK Government and Parliament
You recently signed the petition “Update the Equality Act to make clear the characteristic “sex” is biological sex”:
Petition: Update the Equality Act to make clear the characteristic “sex” is biological sex
The Government must exercise its power under s.23 of the Gender Recognition Act to modify the operation of the Equality Act 2010 by specifying the terms sex, male, female, man & woman, in the operation of that law, mean biological sex and not "sex as modified by a Gender Recognition Certificate"
The Government has responded to the e-petition you signed.
The Government's response
Under the Equality Act 2010, providers are already able to restrict the use of spaces/services on the basis of sex and/or gender reassignment where justified. Further clarification is not necessary.
The Equality Act 2010 provides protection against discrimination, harassment and victimisation across a number of grounds, including sex. We are committed to upholding Britain’s long-standing record of protecting the rights of individuals against unlawful discrimination.
The Equality and Human Rights Commission (EHRC) have published guidance on the existing legislation which provides much needed clarity to those offering single-sex spaces. It does not change the legal position or the law.
As the guidance makes clear, it is entirely acceptable for providers of single-sex services to take account of the biological sex of their service users. Where it is a proportionate means of achieving a legitimate aim, the Equality Act 2010 is clear that service providers can exclude, modify or limit access for transgender people, even where they have a Gender Recognition Certificate (GRC). This includes where a service provider has concerns that the presence of individuals who are biologically male could prevent them from meeting their aims, such as in the example below, included in the guidance:
“A group counselling session is provided for female victims of sexual assault. The organisers do not allow trans women to attend as they judge that the clients who attend the group session are likely to be traumatised by the presence of a person who is biologically male.”
It is important that providers of single-sex services are clear that biological sex can be taken into consideration when providing services.
The Government is committed to maintaining the safeguards that allow organisations to provide single-sex spaces. It is important that the principle of being able to operate spaces reserved for women and girls is maintained. Government is committed to tackling harassment and abusive behaviours by all individuals, and ensuring single-sex spaces are safe for those using them.
The response to this petition was provided by the Cabinet Office.
Read the Government's response to this petition online.
Minister for Women and Equalities apologises for late response
The Minister for Women and Equalities, Kemi Badenoch MP, has apologised for the delay in responding to this petition. The minister said:
The delay was caused by exceptional factors including waiting for the conclusion of a directly relevant case being heard by the Court of Appeal in Scotland on this issue. We took the view that it would be helpful to the petitioners if we could respond in full knowledge of the Court’s ruling on this matter.
Read the Minister's letter apologising for the late response to this petition.
Thanks,
The Petitions team
UK Government and Parliament
This is a narrative that she’s happy with, cos she can denounce us nasty terfs and she gets to feel all warm and fuzzy and supportive. And more importantly the TRAs are off her back. Last thing she would want is flack from TRAs, she’s already been ‘cancelled’ for old offensive tweets. She can’t understand it’s about women’s rights, not hatred of trans people. I used to be a fan of her comedy and my heart goes out to her with what she’s going through with her cancer but I have no respect for her deluded wee rants against pretty much her target audience. Regular wee Glesga wummin (like me and mum) don’t take any 
