Mick Hartley

The Times lead article – Trans people could be banned from single-sex spaces based on how they look. It’s an unfortunate way of introducing what should be a fairly straightforward piece about how the Labour government is sitting on the Equality and Human Rights Commission (EHRC) guidance about single-sex spaces, which it received three months ago. It’s about stopping men using women’s single-sex facilities, of course, but as usual the headline implies some kind of anti-trans agenda – and invites the response that this involves a return to old sexual stereotypes if a woman doesn’t look like a woman.

Oh dear. It should all be quite straightforward – no men in women’s spaces, and particularly no men in women’s toilets. Trans women – transified men – should use the Gents. If they insist on wearing short skirts and high hells, in a pornified caricature of a woman, well – men have to be kind now, just like women have been instructed to be kind for the past decade or so. It’s their fetish – so live with it.

If a man has genuinely transified – and no, I’m not sure what that means exactly, but there are rare cases – then I doubt any woman is going to be too horrified to see them in the Ladies. See how it goes. The problem is that the Labour government is excusing its delay in publishing the EHRC guidance by claiming that it’s trying to iron out all the difficult details, when we all know the real reason: they’re scared of the backlash from the not inconsiderable trans-friendly cohort of Labour MPs, and all the young party activists.

Also, Bridget Phillipson, the minister responsible, and Keir Starmer, both have their own particular reasons for the delay:

The Times previously revealed concerns that Bridget Phillipson, who is the women and equalities minister as well as the education secretary, was delaying publication in the midst of her deputy leadership campaign, which she denied. During that contest, Lucy Powell, who ultimately won, repeatedly emphasised her support for transgender rights and suggested the EHRC guidance was flawed.

With the race now over, attention has shifted to Starmer’s standing among MPs and the Labour membership.

Several unions remain furious about the party’s retreat from self-identification. Younger activists and parts of the parliamentary party believed publishing the code would amount to endorsing discrimination. MPs have written to ministers over the issue.

Some ministers fear that an already fractious parliamentary Labour Party could use the guidance as another proxy battle over the party’s direction. Women’s groups, meanwhile, said the delay left public bodies in limbo.

Now, those in Whitehall have become so frustrated at the lack of action that a copy of the code has been passed to The Times due to fears that it is being delayed over concern of a political backlash.

Arguably for the government, a fresh fight over gender identity could not come at a worse time.