RMW mentioned the ELA. Here, you can see that is the “Employment Lawyers Association.
Robin Moira White: Hello, I’m Robin *White. I am a barrister at Old Square Chambers. To preface anything that is heard from me, effectively I am wearing three hats today because I was part of the team that produced the Employment Lawyers Association consultation response for the Committee, but I have also submitted a personal response and, of course, I transitioned myself in 2011. If I give an answer that departs from the Employment Lawyers Association response because it is more personal, plainly the ELA response is that that is in the document that was given. I am delighted to be called Robin.
Later RMW says:
Robin Moira White: Absolutely. The definition in the Equality Act is that a woman is a female of any age and a man is a male of any age. Forgive me, Karon’s analysis is perfectly intellectually valid, but a different analysis—and we haven’t tried this through—is that all that those definitions do is say that a girl is a woman and a boy is a man. ELA’s view is that there is a complete lack of clarity about that in the Act, so working out who is in which sex for the purposes of the Act is still something that needs to be clarified either in terms of litigation or in more legislation
committees.parliament.uk/oralevidence/1693/html/.
To me it seems surprising that a lawyer cannot see that if a woman in the Equality Act is a female/male of any age, then ‘woman’/‘man’ must mean a biological woman/man because the word ‘female’
or ‘male’ defines binary biological states.
So it would seem likely that an employer seeking advice from the ELA would be told
that there is no clarity in the Equality Act -that sex means biological sex not sex by gender reassignment or Gender Recognition Certificate.
There must already be a lot of confusion around causing a ‘chilling effect’ on sex based services, associations, organisations and sports.
This is epitomised ad absurdum by Edinburgh Rape Crisis which, far from using the exceptions under the Act to keep men/males of the biology male out as intended in the act, is run by a man who identifies as a woman; or Scottish prisons, which would be allowed under the Equality Act to provide sex based housing for women/females/females of the biology female while excluding all male prisoners of any identity, but fail to do so; or Girls/womens’ football which has regulations stating that any male footballer who identifies as a woman may use the women’s changing room if they so choose, even though the Equality Act would allow them to exclude males of any identity.