Everyone should “play by the rules” when guidance on single-sex spaces is published, the new head of the equality watchdog told the BBC.
Dr Mary-Ann Stephenson, chair of the Equality and Human Rights Commission (EHRC), said that “things could be put right if there is good will and recognition that everyone has rights”, and that “no one expects there to be a health police”.
The guidance, for businesses and services, was produced after a unanimous Supreme Court ruling in April that legally a woman must be defined by her biological sex for the purposes of the Equality Act 2010.
The BBC interview, which will be broadcast on Sunday with Laura Kuenssberg, is Dr Stephenson’s first in her new role.
The EHRC guidelines were transmitted to the government three months ago, but it has not yet formally published them, which would give legal force to the code of practice.
Its objective is to advise companies and services – such as women’s shelters, gyms, hospitals or shopping centers – on how the Supreme Court ruling should work.
Seen by the BBC after it was leaked, the 300-page document says that differentiated spaces should only be open to people of the same biological sex, otherwise they will cease to be differentiated areas.
That would mean, for example, that a trans woman (a biological man who identifies as a woman) would not be able to use women’s bathrooms and locker rooms.
The guidance says it may be legitimate for businesses or services to ask people to confirm they are of the eligible sex “by proportionate means”.
All of this has caused controversy and anger among some transgender activists.
Dr Stephenson told the BBC: “No one expects there to be a toilet police.
“But equally, if there are situations where there are complaints about common problems, then people might need to… improve signage, improve explanations or make sure they have alternative services.”
He said he expected both service providers and the people who used them to “follow the rules.”
Dr Stephenson was questioned about what facilities trans people should use if there were no alternatives, or what businesses should do if they did not have the space or resources to make additional provisions.
She said: “Often there are unisex services and when there aren’t, as I say, we need to think more broadly about how to make sure those facilities are available…
“If you have, you know, two self-contained cubicles, one of which is labeled for men and one of which is labeled for women, then the most sensible thing in those circumstances for a service provider is to make both unisex.”
Dr Stephenson was appointed to the role in July and started earlier this month.
She was met with hostility by some trans activists, in part because she had donated money to the case of lawyer Allison Bailey, who won part of a lawsuit alleging she was discriminated against because of her gender-critical views.
In our interview, Dr. Stephenson insisted that she could still be objective when considering trans issues.
She said she donated to the case because she was frustrated by situations where “women were harassed and lost their jobs based on legitimate beliefs.”
She said she was concerned about the experiences of some women “in trying to meet to discuss proposals for changes to the law”.
“I thought it was important that, actually, in a democracy, if a change to the law is proposed, people should be able to come together and discuss those changes without violence or intimidation,” he said.
“If that’s taking sides, it’s taking sides for democratic norms and open discussion and dialogue.”
The full interview will be on Sunday with Laura Kuenssberg.
