Single-sex space guidance for organisations to be published after May elections

The government intends to publish new guidance on single-sex spaces next month after elections on the 7 May, equalities minister Bridget Phillipson has said.

Updated draft guidance was submitted by the Equality and Human Rights Commission (EHRC) on Monday, but election rules mean the government is "unable to make further announcements on the matter at this time", Phillipson told MPs in a written statement.

The watchdog's Code of Practice, which provides guidance to organisations on applying equalities law, was being redrafted after the Supreme Court ruled the definition of a woman under the Equality Act should be based on biological sex.

A first draft was submitted for approval in September but it has since undergone changes.

EHRC chair Dr Mary-Ann Stephenson said the latest amendments were made after receiving a "narrow set of comments" from the government, and having considered consultation responses and legal advice.

She said the amendments "aim to strengthen duty bearers' understanding of the law and how it applies across a range of the scenarios they encounter day-to-day".

Stephenson said it would ensure "all service users are treated with dignity and respect, in line with the Equality Act".

Phillipson said the government was taking "urgent action" to lay the guidance before Parliament after the local elections in England and national elections in Scotland and Wales on 7 May.

The Commons does not return after the elections until the State Opening of Parliament on 13 May, before breaking again for recess on 21 May.

Phillipson said the government supported the use of single-sex spaces based on biological sex, and that the Supreme Court ruling had made clear that protections for trans people were contained within the Equality Act.

The EHRC's Code of Practice provides guidance for how public bodies and service providers should interpret the Equality Act 2010.

It is being updated following the Supreme Court ruling in the case of For Women Scotland last April, which determined that the terms "sex", "man" and "woman" relate to biological sex when it comes to equality law in England, Scotland and Wales.

BBC News has not seen the latest updated guidance or the government's feedback on the earlier draft.

A leaked draft seen by the BBC in November said trans people could be asked about whether they should be accessing single-sex services based on their physical appearance or behaviour.

Alex Parmar-Yee from trans rights campaign group Trans+ Solidarity Alliance said it was positive the draft guidance had been amended because the earlier leaked version had been "unworkable".

"The only workable solution is to protect the norm of trans-inclusive provision across the country, in line with international human rights standards and Labour's own promises to the trans community" she said.

Maya Forstater, the CEO of sex-based rights charity Sex Matters, said the length of time it was taking for the new guidance to be published was causing harm to women.

"It's extraordinary that a year after the Supreme Court judgement, and seven months after the independent regulator first submitted its Code of Practice, the government has found another excuse for delaying the guidance," she said.

Once the new code has been approved by the government, it will be laid before Parliament for 40 days, after which it becomes statutory unless either MPs or the Lords successfully pass a motion to reject it.