Putting aside the cost and the issue of taking space away from single sex provision to accommodate this additional space, we have to look at it critically and ask if it can ever be fit for purpose.
We dont even know how many people would use such a space. We know how many people have been issued with a GRC, but thats about it. How can we provide a service when we don't know the demand? We could be spending money on never used facilities or still have the same problem we do now because not enough space has been allocated.
A trial over a meaningful period of time (a year?) in a meaningful place (Brighton?) could help validate this. There may be cases where third spaces are already there, there may be others where they would need to be created. These could all be identified and recorded as part of the trial. If they are already there (e.g. accessible changing rooms/toilets) it would be important to understand any impact on groups or individuals which currently use them. Just as with the Open Category in swimming, my guess would be that the Malaga Airport gang wouldn't be filling up third spaces (unless it was in protest - which would be easy to spot and call out as sabotage) because it doesn't address the main need, and would instead need to face a choice between peeing in the men's/third space (the stated main need) or going home. If the conclusion of the trial is that it didn't keep women's spaces for women only, then that points to lack of enforcement (which can then be dealt with). If the conclusion of the trial is that women's spaces were kept for women only but it impacted other groups, that points to lack of provision and/or a different problem e.g. lots of people wanting their own individual unisex loo (which can be discussed from a priority/budget perspective in amongst all other societal priorities). If the conclusion is that it kept women's spaces for women only and had no impact on anyone else, happy days.
If the reason for the space is saftey and dignity, are we just assuming that no trans and enbies pose a risk, and that all trans and enbies are happy to use the same service at the same time. Why would a TW be happy to share with a TM but not any man?
Given all of this, what would this additional space be?
Everyone can make a choice whether to use the single-sex facilities commensurate with their sex or the additional third space. It would depend on their own personal balance of benefit/risk assessment. If there is an additional unisex shared changing facility, as a random example, the common ground would be everyone is there because of their own need to opt out of the single sex space. But there also may be single occupancy spaces, depending on feasibility/existing provision.
We also have to be aware that this could be a foot in the door to remove all single sex provision and ignoring sex as a characteristic. Its normalising the idea that some men arent male enough to use male facilities. If we use the PC of GR as a guide, any man proposing to undergo gender reassignment would be classsed as not male.
We definitely do. Setting clear boundaries which can't be crossed is key. Sex is a PC that can't be impacted by gender reassignment. The clarity provided by the EHRC (letter back in April, recent revised guidance) on this and the parliamentary debate in June underline this.
The GRC/GRA needs further debate to line it up with the latest clarity but until then, the default position has to be that sex-segregation, where needed, is based on sex (as observed at birth), not legal sex or gender identity.