What would Rishi Sunak’s bid to change Equality Act law around biological sex and gender ID actually mean?
Rishi Sunak is pledging to alter the Equality Act - but what does this actually mean in practice?
Rishi Sunak has pledged as part of the general election campaign to change the Equality Act so the protected characteristic of “sex” only applies to “biological sex”.
He says this will make it easier for service providers, such as those running sessions for domestic abuse victims, to be restricted to exclude trans women.
This is just the latest twist in this controversial topic that has led to numerous protests in Scotland - but what exactly will it mean in practice, and how likely is it to change the debate during the election campaign north of the border?
What are the Conservatives proposing?
The party says the Equality Act, which was enacted back in 2010, has not kept pace with changes in society and is now “not sufficiently clear” on when it means biological sex and when it means gender.
They have claimed this “ambiguity” means service providers are left open to legal action, and puts women and girls’ safety at risk.
UK women and equalities minister Kemi Badenoch said: “Whether it is rapists being housed in women’s prisons, or instances of men playing in women’s sports where they have an unfair advantage, it is clear that public authorities and regulatory bodies are confused about what the law says on sex and gender and when to act - often for fear of being accused of transphobia, or not being inclusive.
“That is why we are today pledging that, if we form a government after the election, we will clarify that sex in the law means biological sex and not new, redefined meanings of the word. The protection of women and girls’ spaces is too important to allow the confusion to continue.”
How will this be enforced?
That’s something we don’t know - the Conservatives haven’t yet given any detail on how this would actually be policed.
Their announcement also doesn’t give details on what they mean by “risks” to women and girls’ safety, and what practical impact this law change would have on that. The Conservatives merely say this is about clarifying the law as opposed to fundamentally changing it.
The Conservatives say it is “not the government’s role to enforce who comes into individual spaces”, but said it has always been possible for “unscrupulous” people to exploit this.
Ms Badenoch said “changing your clothes doesn’t change who you are”, but couldn’t say what kind of paperwork someone would need to be able to access single-sex spaces under the proposals.
There’s also a bit of confusion in their proposals too. The Tories have said those who hold a gender recognition certificate, which legally allows them to change their gender, will still be legally defined as their acquired gender under other pieces of UK legislation, such as marriage law.
Would this potentially mean trans people with gender recognition certificates will have different legal protections for different laws?
What does this mean for Scotland?
The biggest thing to look at for Scotland in this proposal - it will make gender recognition reserved to Westminster, so “an individual can only have one sex in the eyes of the law in the United Kingdom”. This will certainly cause upset amongst the SNP.
If minds are cast back to 2022, the Scottish Parliament passed legislation to make it easier for trans people to legally change their gender, but the UK government blocked the proposals, citing the Equality Act.
The SNP will likely hit out at any proposal to remove powers from Holyrood and centralise them to Westminster. However, John Swinney’s Government could quietly be breathing a sigh of relief - it is a controversial issue that has split the party, and this would essentially take the issue off its hands.
Speaking to LBC, Mr Swinney said: “What the Conservatives are doing here is eroding the powers of the Scottish Parliament.
“They’ve been doing that since Brexit and are carrying on with the steps they have taken on the Equality Act.
“There is no justification.
“I want the Scottish Parliament to deal with all the issues that affect the people of Scotland, and I won’t stand idly by while the Conservatives erode those powers.
“On the issue of single-sex spaces, that is already provided for in the Equality Act - it is important that is provided and applied so women are protected and safe.
“But what the Conservatives are doing here is eroding the powers of the Scottish Parliament and we will not stand for it.”
What does this mean for the general election campaign?
The UK Labour Party has already dismissed the policy as an “election distraction”.
Shadow defence secretary John Healey told Times Radio: “We will not want to amend the Act, it’s not needed. It already provides a definition of a woman, and sex and gender are different.
“What is needed is clearer guidance for service providers, from the NHS to sports bodies, and in prisons, on what single-sex exemptions need to be, and the best way to be able to do that is in guidance, not primary legislation. The government has had 14 years to do that and it hasn’t. This, to be honest, is a distraction from the election campaign.”
Polls are consistently suggesting the Conservatives are on course for an election wipeout in the UK, forcing them to focus on policies which appeal to their traditional core voters. The language the party has used in this announcement is interesting, as Ms Badenoch referred to trans women as “men”.
It could also be a tactic to stem the flow of right-wing voters switching to Reform UK at this election. But given how far ahead Labour are in the polls, it is unlikely this will ever be something we need to concern ourselves with - perhaps explaining why there is a lack of detail.
However, it does put pressure on both the SNP and the Labour Party to set out their stance on gender recognition in their campaigning - something both may be keen to avoid.
When he was first elected as First Minister, Mr Swinney was asked if a “trans woman is a woman” and he said: “If our politics is defined purely and simply by these questions, I think we are not addressing the core issues and challenges that people face in our society.”
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