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Greater Manchester mayor declines to commit to new EHRC trans guidance

“I am working through what the guidance means in terms of the transport services that I am in control of,” she said

By Callum Wells

Greater Manchester mayor Bev Craig
Greater Manchester mayor Bev Craig (Image: Manchester City Council)

Greater Manchester mayor Bev Craig has declined to commit to implementing the new guidance on trans people using single-sex spaces.

Craig was asked about the rules by The Telegraph yesterday (9 August), four days after the Equality and Human Rights Commission’s (EHRC) new code of practice came into force.

“I am working through what the guidance means in terms of the transport services that I am in control of,” she said.

What has Bev Craig said about the new trans guidance?

Craig became Greater Manchester mayor last month, replacing Andy Burnham. The role includes responsibility for the region’s transport network.

She was asked whether she intended to implement the guidance in full.

“Well, with the intention of understanding what would be different to what we do now.

“Actually many of our services are compliant. The reality here is that we are probably talking about a handful of public toilets. Am I as the Mayor going to be checking people’s bits on the way into the toilet? Absolutely not.”

Craig later said that public single-sex spaces in Manchester would be “legally compliant”.

What is the new EHRC guidance on single-sex spaces?

The EHRC code applies across England, Scotland and Wales and sets out how organisations should interpret the Equality Act 2010 following the Supreme Court’s ruling on the legal meaning of sex.

The court ruled last year that the terms “woman”, “man” and “sex” in the Equality Act refer to biological sex.

Under the updated guidance, organisations providing single-sex services should generally base access on biological sex. Trans people can instead be provided with separate facilities or gender-neutral facilities, where appropriate.

The code covers a wide range of services, including public toilets and changing rooms. It also applies to other single-sex services, such as some hospital wards and rape crisis centres.

The guidance is not legislation itself, but it has statutory status. It can be taken into account by courts and tribunals when considering whether an organisation has complied with equality law.

How will Greater Manchester councils respond to the new trans guidance?

The EHRC says the code is intended to provide practical guidance to organisations on how to comply with the Equality Act.

Craig has not said whether she will recommend that Greater Manchester’s 10 councils enforce the new guidance.

She told The Telegraph that councils should be allowed time to make any changes required to facilities. She also said some authorities had raised concerns about the “practical implication” of the changes.

The Greater Manchester Combined Authority is made up of the mayor and the region’s 10 local authorities. The mayor has responsibility for areas including transport, housing and economic development.


Read here: How does the Equality and Human Rights Commission’s final draft affect trans people?