I’ve been taking a keen interest EHRC as I have over 25 years experience as a government regulator, including writing regulatory guidance. Although my experience is in a different regulatory field, the principles of good regulation apply to all regulators. My comments below are therefore from the point of view of a regulator.
The blatant bias in the draft EHRC guidance for schools is shocking. It’s hard to believe that any responsible regulator could come up with something like this. The guidance is a clear attempt to introduce self-ID by the backdoor and to dismantle the rights of women and girls to dignity, safety and privacy, enshrined in the Equality Act and its Statutory Code of Practice. It also makes a mockery of the government assurances to women that the EA exceptions will be maintained.
If EHRC get away with this, they will introduce this across the board. Remember that the appalling trans policies of both Girl Guiding and the Youth Hostel Association have EHRC endorsement (apparently). We also know from the Mermaids data breach that EHRC have been colluding with Mermaids for test cases against schools, etc. These test cases, using public money, certainly won’t be to uphold the rights of women and girls, but to challenge them.
EHRC have lost sight of their regulatory duty, which is to regulate on behalf of the public overall (over half of which are women and girls) and not on behalf of pressure groups. On the trans issue, EHRC are clearly not an even-handed and impartial regulator. They are implementing a hierarchy of rights (with women and girls at the bottom). They are behaving like a trans lobby group, not a regulator. This is a clear example of regulatory capture, and an abuse of regulatory powers.
The leaked guidance is apparently at an advanced stage and will soon be implemented. There has clearly been totally inadequate consultation on this guidance, a matter of major public interest which will impact every girl in the country. EHRC are trying to drive these fundamental changes through under the radar without proper public scrutiny, accountability, or transparency. They are therefore in gross breach of the Statutory Principles of Good Regulation, the Regulators’ Code, and the Seven Principles of Public Life (Nolan Principles).
The only to stop EHRC abusing their powers in this way is to shame them publicly. As many people as possible need to write to EHRC, their MP, and to Liz Truss. The government has ultimate responsibility for allowing this to happen so they need to be shamed as well.
In all my years as a regulator, I cannot think of another example of when a regulator has behaved so appallingly.