In response to the Equality and Human Rights Commission’s (EHRC) draft Code of Practice on how public bodies, businesses, voluntary and community organisations and other service providers should respond to the Supreme Court judgment For Women Scotland Ltd v The Scottish Ministers, Sheffield Green Councillors express their deep dismay that trans people in the UK are being made to feel so unsafe, unjustifiably scrutinised and relentlessly targeted.

 

Transgender pride flag flying on a tricycle outside Sheffield City Hall
Representatives from SGP took part in a protest at Sheffield City Hall

Councillor Brian Holmshaw, Chair of Communities Parks and Leisure Committee, shares his views: “The draft Code of Practice places organisations in a complex and often contradictory legal, practical and ethical position – and will cause harm to trans people in Sheffield and across the country.”

 

“This Code is unworkable in real terms and risks removing privacy and dignity for trans women, cis women, trans men, non-binary and intersex people.  It is clearly not acceptable to ask someone accessing services if they can prove their sex assigned at birth, on the basis of how they might look, for example. Neither is it acceptable to require a trans person to out themselves.”

 

Cllrs Marianne Elliot and Brian Holmshaw
Cllrs Marianne Elliot and Brian Holmshaw

Councillor Marieanne Elliot, Deputy Chair of Communities Parks and Leisure Committee, comments: “It is very disappointing that the Code has been laid in its current form. There is a real danger of excluding trans people from essential services and public spaces – including those that they have previously had no issue accessing. And the Government’s own Equality Impact Assessment even identifies that this could cause wide-ranging harms to trans people, including a “disproportionate risk of violence and sexual assault” in some circumstances.”

 

“I do not think that this is how the Equality Act 2010 was intended to work because it is at odds with the aims of the legislation to provide legal protection against discrimination, harassment and victimisation.”

Sheffield Green Councillors call for the Code to be withdrawn because it is cruel and confusing – and we need more workable guidance that protects trans people’s safety and embeds dignity and respect for all.  

 

Notes:

The draft Code of Practice has now been laid in Parliament. It will take effect following Parliamentary review if not disapproved.

The Canary reported on the nationwide protests here.