The NHS must change its policy of allowing transgender people to be on single-sex wards aligned with their gender identity following the Supreme Court ruling on the definition of a “woman”, the head of Britain’s equalities watchdog said.
Baroness Kishwer Falkner, chair of the UK’s Equality and Human Rights Commission (EHRC), said the ruling was “enormously consequential” and ensured clarity.
She vowed to pursue organisations that do not update their policies, saying they should be “taking care” to look at the “very readable judgment”.
On single-sex hospital wards, Baroness Falkner told BBC Radio 4’s Today programme the NHS will “have to change” their 2019 policy, which says transgender patients are entitled to be accommodated on single-sex wards matching how they identify.
She said the court ruling means there is now “no confusion” and the NHS “can start to implement the new legal reasoning and produce their exceptions forthwith”.
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Gender ruling – How it happened
Women’s sport and changing rooms
The baroness also said trans women can no longer take part in women’s sport, while single-sex places, such as changing rooms, “must be based on biological sex”.
However, she said there is no law against organisations providing a “third space”, such as unisex toilets, and suggested trans rights organisations “should be using their powers of advocacy to ask for those third spaces”.
In 2021, Baroness Falkner came under criticism from trans and other LGBTIQ+ organisations after she said women had the right to question transgender identity without fear of abuse, stigmatisation or loss of employment.
Some EHRC staff resigned in protest of the body’s “descent into transphobia”, while others defended her, saying she was depoliticising the organisation. Her four-year term was extended for a further 12 months in November by the Labour government.
Public bodies must look at equality laws
Health minister Karin Smyth said public bodies have been told to look at how equality laws are implemented following the ruling.
She told Anna Jones on Sky News Breakfast: “Obviously, public bodies have been asked to look at their own guidance.
“And we will do that very, very carefully.”
She said the court’s ruling was “very clear” about women’s rights being defined by sex, which she said “will give clarity to companies”.
But she warned against public bodies making statements “that may alarm people”, telling them to take their time to look at their guidance.
The ruling marked the culmination of a long battle between campaign group For Women Scotland and the Scottish government after the group brought a case arguing sex-based protections should only apply to people born female.
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‘This ruling doesn’t affect trans people in the slightest’
Not a triumph of one group over another
Judge Lord Hodge said the ruling should not be read as “a triumph of one or more groups in our society at the expense of another”.
He said the Equality Act 2010 “gives transgender people protection, not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender”.
Ms Smyth said those who identify as transgender “will feel concerned” after the ruling but said the Gender Recognition Act still stands and gives people who identify differently to the sex they were born in “the dignity and privacy of presenting differently”.
She said NHS policy of having same sex wards remains, but did not mention the 2019 transgender policy, and said the NHS has been looking at how to support both transgender men and women.
Scotland’s First Minister John Swinney said the Scottish government “accepts” the judgment and said the ruling “gives clarity”.
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‘Today’s ruling only stokes the culture war further’
Trina Budge, director of For Women Scotland, said it was a “victory for women’s rights” and said the case was “never about trans rights” as transgender people are “fully protected in law”.
“It means there’s absolute clarity in law regarding what a woman is. We know for sure now that we are referring to the biological sex class of women,” she told Sky News.
“And that when we see a women-only space, it means exactly that. Just women. No men. Not even if they have a gender recognition certificate.”
Transgender woman and Scottish Greens activist Ellie Gomersall said the ruling “represents yet another attack on the rights of trans people to live our lives in peace”.
Scottish Greens MSP Maggie Chapman added: “This is a deeply concerning ruling for human rights and a huge blow to some of the most marginalised people in our society.”
LGBT charity Stonewall said there was “deep concern” around the consequences of the ruling.
Sir Keir Starmer will on Monday join world leaders at a historic summit in Egypt to witness the signing of the Gaza peace plan to end two years of conflict, bloodshed and suffering, that has cost tens of thousands of lives and turned Gaza into a wasteland.
Travelling over to Egypt, flanked by his national security advisor Jonathan Powell, the prime minister told me it was a “massive moment” and one that is genuinely historic.
In the flurry of the following 48 hours, Mr Starmer and another twenty or so leaders were invited to Egypt to bear witness to the signing of this deal, with many of them deserving some credit for the effort they made to bring this deal around, not least the leaders of Qatar, Egypt and Turkey, who pressed Hamas to sign up to this deal.
On Monday, the remaining 20 living hostages are finally set to be released, along with the bodies of another 28 who were either killed or died in captivity, and aid is due to flow back into a starving Gaza.
Some 1,200 Israelis were killed on 7 October 2023, with another 250 taken hostage. In the subsequent war, most of Gaza’s two million population has been displaced. More than 67,000 Gazans have been killed, according to Palestinian health officials
Then, the signing ceremony is due to take place on Monday afternoon in Sharm el-Sheikh. It will be a momentous moment after a long and bloody war.
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But it is only just the beginning of a long process to rebuild Gaza and try to secure a lasting peace in the region.
The immediate focus for the UK and other nations will be to get aid into Gaza with the UK committing £20m on Monday for water, sanitation and hygiene services for Gazans.
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Humanitarian aid rolls into Gaza
But the bigger focus for the UK and other European allies is what happens after the hostages are released and Israel withdraws its troops.
Because what happens next is a much bigger and more complicated task: rebuilding Gaza; turning it into a terrorist-free zone; governing Gaza – the current plan is for a temporary apolitical committee; creating an international stabilisation force and all the tensions that could bring about – which troops each side would allow in; a commitment for Israel not to occupy or annex Gaza, even as Netanyahu makes plain his opposition to that plan.
The scale of the challenge is matched by the scale of devastation caused by this brutal war.
The prime minister will tomorrow set out his ambition for the UK to play a leading role in the next phase of the peace plan.
Back home the UK is hosting a three-day conference on Gaza’s recovery and reconstruction.
Last week, France hosted European diplomats and key figures from Middle Eastern countries, Egypt, Jordan, Saudi Arabia and Qatar and later this week, the German chancellor is hoping to organise a conference on the reconstruction of Gaza with the Egyptians.
But in reality, European leaders know the key to phase two remains the key to phase one: and that’s Donald Trump.
As one UK figure put it to me over the weekend: “There is lots of praise, rightly, for the US president, who got this over the line, but the big challenge for us post-war is implementing the plan. Clearly, Arab partners are concerned the US will lose focus”.
The prime minister knows this and has made a point, at every point, to praise Mr Trump.
Image: Bridget Phillipson and Mike Huckabee. Pics: Sky/AP
His cabinet minister Bridget Phillipson learned that diplomatic lesson the hard way on Sunday when she was publicly lambasted by the US ambassador to Israel Mike Huckabee for suggesting to my colleague Trevor Phillips that the UK “had played a key role behind the scenes” and failed to mention Mr Trump by name.
“I assure you she is delusional,” tweeted Governor Huckabee. “She can thank @realDonaldTrump anytime just to set the record straight”.
On Monday, leaders will rightly be praising Mr Trump for securing the breakthrough to stop the fighting and get the remaining hostages home.
Image: People hug next in Hostages Square. Pic: Reuters
But this is only the beginning of a very long journey ahead to push through the rest of the 19-point plan and stop the region from falling back into conflict.
Britain has, I am told, been playing a role behind the scenes. The PM’s national security adviser Mr Powell was in Egypt last week and has been in daily touch with his US counterpart Steve Witkoff, according to government sources. Next week the King of Jordan will come to the UK.
Part of the UK’s task will be to get more involved, with the government and European partners keen to get further European representation on Trump’s temporary governance committee for Gaza, which Tony Blair (who was not recommended or endorsed by the UK) is on and Mr Trump will chair.
The committee will include other heads of states and members, including qualified Palestinians and international experts.
As for the former prime minister’s involvement, there hasn’t been an overt ringing endorsement from the UK government.
It’s helpful to have Mr Blair at the table because he can communicate back to the current government, but equally, as one diplomatic source put it to me: “While a lot of people in the Middle East acknowledge his experience, expertise and contact book, they don’t like him and we need – sooner rather than later – other names included that Gulf partners can get behind.”
On Monday it will be the US, Egypt, Qatar and Turkey that sign off on the peace plan they directly negotiated, as other Middle Eastern and European leaders, who have flown into Sharm el-Sheikh to bear witness, look on.
But in the coming days and weeks, there will need to be a big international effort, led by Mr Trump, not just to secure the peace, but to keep it.