Equality Commission to publish formal guidance

Northern Ireland’s Equality Commission has said it aims to publish new formal guidance in June after the Supreme Court’s ruling that a woman is defined by biological sex.

The court had been asked to decide on the proper interpretation of the 2010 Equality Act, which applies across Great Britain, but not in Northern Ireland.

It comes as Fermanagh and Omagh District Council said it would be implementing the provisions of the Supreme Court’s ruling across its buildings.

The Equality Commission said it would “advise all employers and service providers, including councils, to review any policies that the Supreme Court judgment may impact on”.

“As always, we advise them to come to us for advice relevant to their particular circumstances prior to making any changes,” it added.

The Supreme Court ruling has major implications for single-sex spaces in GB, such as female changing rooms and toilets.

BBC News NI’s The Nolan Show asked a number of public bodies in Northern Ireland – including health trusts, government departments and councils – how they plan to react to the Supreme Court’s ruling.

The Department of Finance, Department for Communities and Department of Health also stated they were considering potential implcations.

While most council also said they were still considering the ruling’s implications, Fermanagh and Omagh said they “will be developing new guidance for the use of changing rooms at leisure facilities and toilets further to the Supreme Court ruling”.

The council added that they will “review the equality screening of our policies to identify any anomalies that may have arisen as a result of the Supreme Court ruling”.

“Should the screening highlight any particular issues or concerns which require amendment or new policy development, these may be the subject of public consultation.”

Alexa Moore is the policy, campaigns and communications manager at the Rainbow Project and said that Fermanagh and Omagh District Council have “jumped the gun”.

“It’s quite concerning for trans [people], but also wider LGBT communities in Fermanagh because you have to ask the question: ‘How is this going to be enforced, are we going to have council workers paid to stand on-site and do genital inspections on people trying to use leisure facilities?’

“It’s frankly bizarre and I do think they’re really jumping the gun here,” Ms Moore said.

In a statement, Omagh Pride said they were “dismayed and angered” by the council statement on the Supreme Court ruling.

“This is yet another decision that would have a deeply adverse impact on trans people, adding to isolation and putting their safety at risk.

“We call on our local elected representatives to immediately and clearly speak out against this statement from Fermanagh & Omagh District Council and to ensure that no changes to policy are implemented which would undermine the rights and risk the safety of trans people.”