Latest news with #BaronessFalkner
The Independent
2 days ago
- Politics
- The Independent
Trans charity demands investigation into EHRC following Supreme Court ruling on gender
A leading trans campaign group has requested an investigation into the Equalities and Human Rights Commission (EHRC), claiming its conduct in the wake of the Supreme Court ruling on gender has been unlawful, The Independent can reveal. It comes after the Supreme Court ruled that trans women are not legally women under the Equalities Act. TransLucent said they have submitted a formal complaint to the Global Alliance of National Human Rights Institutions (GANHRI) – the worldwide membership-based network of national human rights institutions (NHRIs)– claiming that the UK's equalities watchdog is failing to adhere to the Paris Principles. The Paris Principles set out the minimum standards that NHRIs must meet in order to be considered credible and to operate effectively. The key pillars of the Paris Principles are pluralism, independence and effectiveness. TransLucent alleges that public statements made by EHRC commissioners, including chairwoman Baroness Falkner, demonstrate the body has already formed a 'settled view' on the implications of last month's Supreme Court ruling, pre-empting the end of the consultation on the ruling. Baroness Falkner previously described the ruling as a "a victory for common sense'. She has also said: "If a male is allowed to use a women-only service, it isn't any longer a single-sex space." But TransLucent said positions such as this render the consultation 'unfair and unlawful', arguing that public authority consultations 'require an open mind at a formative stage". They have also argued this breaches the principles of independence and pluralism by 'undermining the ability of key stakeholders like TransLucent to provide meaningful views". 'Given the resulting fear and uncertainty within the transgender community, TransLucent urges GANHRI to investigate and ensure the EHRC conducts its consultation with a genuinely open mind', the organisation said. The EHRC last month launched a consultation on the draft updates to its Code of Practice following the Supreme Court's ruling that the term "sex" in the Equality Act refers to biological sex. The consultation is seeking feedback on how the ruling, which clarified that a Gender Recognition Certificate does not change a person's legal sex for Equality Act purposes, impacts the guidance provided in the Code. But Steph Richards, the organisation's director, told The Independent that the trans community has had 'no confidence in the EHRC for several years'. 'Without a single transgender EHRC commissioner, MP or trans peer, we are reliant on allies, international bodies and the courts to make our case for fairness and equality', she said. While gender critical campaigners have hailed the ruling as a victory for biological women, there are concerns it will put trans people at risk and exclude them from public life. Interim guidance published by the equalities watchdog in the wake of the ruling says that trans women 'should not be permitted to use the women's facilities' in workplaces or public-facing services like shops and hospitals. But last month, The Independent r evealed that lawyers acting on behalf of TransLucent sent a letter to the watchdog warning that the guidance 'incorrectly states the legal position' of the court ruling. The letter criticises the body, saying it failed to consult with trans people before publishing its interim guidance, ahead of an ongoing consultation on the issue. Speaking at the Women and Equalities Committee in the Commons earlier this month month, Baroness Falkner defended the EHRC's interim guidance, saying the update was 'necessarily very brief'. 'We had high demand for some kind of explanation, and it was only the headlines that we were highlighting of the Supreme Court judgement', she said. 'When you have a synopsis of something, it can never spell out all the nuance… I would tell people to judge us by what the final consultation document is, because that will be the more definitive word on what we have found and will be the result of a conversation with, in fact, groups like TransActual. 'We are listening to them. We have scheduled meetings with those groups, and we are listening to what they are telling us about their experience on the ground. We will, of course, take that in mind.'
Telegraph
16-06-2025
- Health
- Telegraph
Legal gender transitions hit record high in the UK
Almost 10,000 gender recognition certificates have been granted in the UK, analysis shows. The 1,169 certificates (GRCs) issued in the year to March 2025, which allow a person's acquired gender to be recognised legally in the country, is the highest since the scheme began in 2005. The figure is more than three times the number in 2019-20, when it stood at just 364. It is thought that the surge is down to the changes in the certification process, including a cut in fees, combined with more applications from young people. Nearly a quarter of certificates granted in the latest year were for people born since 2000, and 68 per cent were for those born since 1990, up from 4 per cent and 41 per cent respectively in 2019-20. The data from the Ministry of Justice shows a total of 9,633 GRCs had been granted in the UK up to March 2025. The findings follow the Supreme Court ruling that the terms 'woman' and 'sex' in the 2010 Equality Act referred to biological sex, not acquired gender. Under the ruling, a transgender women with a GRC can be excluded from single-sex spaces if 'proportionate'. The ruling led the boss of Britain's equalities regulator to suggest that while it does not mean GRCs are 'worthless', their efficacy could be re-examined. Baroness Falkner of Margravine, the chairman of the Equality and Human Rights Commission (EHRC) told BBC Radio 4's Today programme in the days after the ruling: 'I think the next stage of litigation may well be tests as to the efficacy of the GRC, and or other areas.' Asked about whether she thought GRCs were worthless, she replied: 'We don't believe they are. We think they're quite important.' Government advice on how to apply for a GRC states that the Supreme Court ruling does not affect the application process, but advises people to contact the EHRC if they have questions. The Gender Recognition Act came into effect on April 4 2005, giving adults the right legally to change the gender that was recorded on their birth certificate. Applications are made to the Gender Recognition Panel, a body of legal and medical experts, who issue a certificate only if the application meets the necessary criteria. GRC applications hit a record 1,517 in 2024-25, up from 1,397 the previous year and 443 in 2019-20. The application fee for a certificate was cut in May 2021 from £140 to £5, while there was a switch to online applications in July 2022. A GRC is granted if the applicant has been diagnosed with gender dysphoria; has lived in the acquired gender for at least two years and intends to live in that gender for the rest of their life. PA analysis showed the age of those receiving GRCs had changed considerably over the past decade. Some 63 per cent of certificates issued in 2014-15 went to people born before 1980 – but by 2024-25 this had dropped sharply to just 17 per cent. By contrast, people born from 1980 onwards accounted for 83 per cent of certificates in the most recent year, up from 37 per cent a decade earlier. More recently, there has been a steady increase in the proportion of certificates going to people born since 2000, up from 4 per cent in 2019-20 to 24 per cent in 2024-25. The age group currently responsible for the biggest proportion is people born in the 1990s, who accounted for 45 per cent of the total in the year to March 2025. The balance in applications between males and females has also changed over time. In 2005-06, the first full year that certificates were available, more than three-quarters (77 per cent) were granted to people whose sex at birth was male, with just under a quarter (23 per cent) going to those who were female. By 2015-16, the gap between these percentages had narrowed at 67 per cent and 33 per cent, and in 2023-24 the figures were almost equal, at 52 per cent for males and 48 per cent for females. In the most recent year of 2024/25, the gap widened slightly with 55 per cent of certificates granted to people whose sex at birth was male and 45 per cent for those who were female. Nearly one in 10 people receiving certificates in the year to March 2025 were part of a married couple – a proportion that has been relatively stable since the law was changed in 2014 to allow some applicants to remain married while obtaining gender recognition. Of the 1,169 certificates granted in 2024/25, 109 (9 per cent) were for married applicants with the vast majority – 1,033 (88 per cent) – for people who were single, while 27 were recorded as 'other/unknown'.
Telegraph
11-06-2025
- Politics
- Telegraph
Equalities watchdog tells trans activists personal attacks ‘have to stop'
The equalities watchdog has told trans activists that personal attacks on her and her staff have 'got to stop'. Baroness Falkner of Margravine, the chairman of the Equality and Human Rights Commission (EHRC), appeared emotional as she revealed to MPs that she had to cancel one meeting after police warned of a ' serious risk ' of violence. She said that while feminist campaigners had acted in a 'dignified and respectful' manner, trans rights activists had made it harder for her staff to come to work in safety. 'Personal attacks, libellous attacks, defamation' 'The level of agitation that they can cause in terms of personal attacks, libellous attacks, defamation, where our family members are affected – our intimate family members have to think about how they're going about to their place of work – has got to stop,' she said. 'I didn't come into public life to bleat on about myself and feel sorry for myself… I have chosen not to walk away, I have chosen to deliver in the public interest as has done every member of my board. 'And they don't need to do this, they do it because of a desire for public service, as do my senior staff.' The watchdog also repeated that companies and organisations should be using EHRC guidance on access to single-sex spaces, rather than those of groups such as Stonewall. Baroness Falkner also said guidance would be issued on how to 'respectfully' question transgender people about their biological sex. Women's rights activists who do not believe in gender ideology, the idea that sex is a spectrum and that people can change their gender identity, have had to run the gauntlet of intimidating protests from the trans rights movement for years. After the Supreme Court ruled in April that the word 'sex' in the Equality Act refers to biological sex, trans rights activists took to the streets, with one carrying a placard showing an illustration of a gallows alongside a slogan suggesting ' the only good Terf (trans-exclusionary radical feminist) ' is a hanged one. In 2022, a group called Pissed Off Trannies left more than 60 bottles of urine outside the EHRC offices and poured some of the contents into the revolving doors. The EHRC has come in for greater criticism from trans rights activists after they published guidance confirming that organisations can bar trans people from toilets and changing rooms meant for the opposite sex. 'Serious risk of violence' Appearing before the Commons women and equalities select committee, Lady Falkner spoke of the effect such violent threats had on her and her organisation. 'Sorry, I'm trying not to be emotional about this because it goes to the heart of what public service is about, and I've been involved in public service for 21 years now,' she said. 'The personal attacks – and I refer to personal attacks as well as the attacks on my staff, because we have a duty of care to our staff and we must ensure that our staff are able to work in a respectable, safe place of work. 'We were due to go to Glasgow for our regular annual board meeting in Scotland, and we were unable to go because the police hadn't been informed and there was serious risk of violence from messages that were seen. 'What bothers me more than my own personal security is that my staff should be able to come to their place of work in safety, and that has been somewhat lacking in the last several years.' Lady Falkner said those on the gender-critical side of the debate, 'who felt disadvantaged or felt the law was not supporting them, did so in a dignified, respectful manner, frequently using the last resort of a tribunal or a court to pursue justice for themselves or their loved ones'. Talking about trans rights activists, she said: 'Here we have a group that I appreciate is vulnerable, but I don't think it is fair because women and girls are vulnerable as well. 'I don't think it is fair to have a balancing act of 'who is more vulnerable'. Victimhood is not the way I approach things. 'The level of agitation that they can cause in terms of personal attacks, libellous attacks, defamation, where our family members are affected – our intimate family members have to think about how they're going about to their place of work – has got to stop.' Lady Falkner was then prevented from continuing to talk about the attacks the EHRC has faced by Sarah Owen, Labour MP and the committee chair. She then bizarrely asked her to clarify that she was not opposed to the right to protest. 'Overly hostile' Last night, Maya Forstater, chief executive of human rights charity Sex Matters, said she was 'shocked' by the 'overly hostile' questioning of some of the members of the committee. 'It was particularly shocking that when Lady Falkner talked about the pressures on EHRC staff of the protests and personal attacks, the chair of the committee, Sarah Owen MP, cut her off,' she said. 'The Supreme Court provided complete legal clarity on the meaning of 'sex' in the Equality Act. Today's proceedings suggest that some MPs simply refuse to accept that.'
Daily Mail
27-05-2025
- General
- Daily Mail
Vital new gender guidance to help organisations deal with Supreme Court ruling on the definition of a woman is in a 'state of limbo until EHRC chair is replaced'
Official guidance on how businesses should implement the Supreme Court gender ruling may not be released until the chair of the equality watchdog has left the role, it has been claimed. The Equality and Human Rights Commission (EHRC) pledged to produce final guidance by July but this could reportedly be delayed by months amid infighting with its chair Baroness Falkner. Following April's Supreme Court ruling that sex is biological, the Commission released interim guidance that trans women 'should not be permitted to use the women's facilities'. This protects single-sex spaces in line with the landmark judgment and has wide-ranging implications for workplaces, shops, hospitals and sports clubs. This position has been reinforced by Baroness Falkner, who has made clear repeatedly that the law as set out in the Supreme Court's judgment is effective immediately and organisations must follow it. Last week she told Radio 4's Woman's Hour that we are 'aiming to give our finalised Code to government by the end of July' and 'then it's for government as to when they lay it in Parliament'. However Labour MPs concerned by the Supreme Court ruling and activist EHRC officials have begun openly briefing against Baroness Falkner and have claimed the guidance could be delayed until she is replaced in November. One MP told the Guardian: 'The government is frozen and waiting to see what the EHRC says. But I don't think we'll get anywhere with Falkner as chair. She's not neutral. 'Unless ministers are confident that all voices are being heard they won't sign off on the guidance, and they are watching this very closely. It's currently a bit of a mess.' A number of 'insiders' also told the newspaper that the guidance may not be signed off until Baroness Falkner, a crossbench peer, departs the role. Last November she was given a 12-month extension to her four-year term and will leave after this is completed. However the EHRC said the expected timeframe for issuing its guidance for approval by the Women and Equalities Minister by the end of July 'remains our position' and that 'anything else is just speculation'. John Kirkpatrick, the EHRC's chief executive, added: 'We do not recognise the views attributed to 'insiders' as being representative of our staff.' Baroness Falker's comments since the 'unambiguous' Supreme Court judgment are likely to have put her at odds with transgender activists who see the ruling as an attack on trans people. Earlier this month she wrote: 'I regret any uncertainty among duty bearers and the public that has been fuelled by misunderstanding and distortion, particularly across social media. The judgment is a model of clarity. 'The law it sets out is effective immediately. Those with duties under the Equality Act should be following it and taking specialist legal advice where necessary.' It is not the first time she has faced internal hostility. In 2023 she was cleared of allegations of bullying, discrimination and transphobia by trans activists among her own staff which led to an 'ideologically motivated witch-hunt'. The apparent plot to oust Baroness Falkner was fist expose by the Mail after she was said to have angered the trans lobby by defending women's rights. In October 2023 the EHRC closed the inquiry following the findings of an independent legal review, ordered by then women and equalities minister Kemi Badenoch. Helen Joyce, director of advocacy at human rights charity Sex Matters, said that while updating the EHRC's code of practice is important, the law is already clear following the Supreme Court's ruling. She added: 'Those claiming that the judgment is hard to understand, or that organisations should wait for further guidance, are simply trying to sow confusion where there is none.'
Telegraph
21-05-2025
- Health
- Telegraph
Parliament told to obey ‘law of the land' over trans ban
The equalities watchdog has told Parliament to obey the 'law of the land' after it refused to ban trans women from women's lavatories. Baroness Falkner of Margravine, the chairman of the Equality and Human Rights Commission (EHRC), told organisations that the updated guidance it published on Tuesday should be followed straight away. On the BBC's Women's Hour, she said groups could lay themselves open to the threat of legal action if they do not bar trans people from women's lavatories, saying: 'The law is done and dusted, the law is not going to change.' Lady Falkner added: 'My understanding of the rules that govern the Houses of Parliament is that the law of the land applies to the Houses of Parliament.' The Supreme Court ruled in April that legally a trans woman does not count as a woman, and that the word 'sex' in the Equality Act refers to biological sex and not gender identity. The EHRC then put out interim guidance to organisations to underline that in places such as hospitals, shops and restaurants, 'trans women (biological men) should not be permitted to use the women's facilities'. A growing number of public bodies are changing their guidance in light of the judgment. The Football Association, for example, has said trans women would be banned from women's sport. But other organisations, including the NHS, have said they are awaiting guidance from the EHRC. On Tuesday, The Telegraph revealed that the House of Commons has also refused to change its guidance. A spokesman said this meant they would not change their guidance until a lengthy consultation process has ended – meaning there could be no update until July at the earliest. The House of Lords has said it will take a similar approach to the Commons. But Lady Falkner said that Parliament – and other organisations – should update their guidance straight away, after having taken their own legal advice. 'The Houses of Parliament are waiting for our guidance: our guidance is now there,' she said. 'We are confident that this consultation document and the areas that it covers are accurate, and we would urge people to read it carefully and also read the Supreme Court judgment, and also take their own legal advice. 'But organisations have to be aware that they open themselves to legal action if they don't implement the law as determined by the Supreme Court on April 16. 'What I would say is read the code of practice that we have put out, and be confident that we're pretty accurate in what we've been saying.' The EHRC chairman said the only changes that would be made to the consultation document would be on the practical examples listed within it; not the legal interpretation of the Supreme Court ruling. 'Nobody's disputing what the law of the land is; we know what the law of the land is,' she said. Pressed on how Parliament should respond, she said: 'My understanding of the rules that govern the Houses of Parliament is that the law of the land applies to the Houses of Parliament. 'I'll leave it to people in higher positions than me to make a determination on what that should be. 'But it would be quite extraordinary if Parliament didn't find itself covered by the laws of the land.' 'Social contract' Lady Falkner also said it was unlikely there would be any need for trans people to carry round birth certificates – because people would take others on 'trust'. 'We are a law-abiding but incredibly tolerant country,' she said. 'There is a social contract to allow people to live as full a life as they can. 'In terms of ' toilet police ' and people having to carry their birth certificates – we are a society where trust is important. 'People should be asked respectfully, carefully and only where necessary.' She also dismissed a legal challenge from the Good Law Project, which believes the guidance may break human rights laws. 'We don't believe they are impacted at this particular stage,' she said.
