EHRC letter to Minister for Women and Equalities about government action on our draft code of practice

[IwantToRetire]

... As you will appreciate, the longer the period before the new Code can be published, the longer the current unsatisfactory state of affairs will continue, therefore allowing practices inconsistent with the law to persist.

As the body responsible for the enforcement of equality law, we recognise our own responsibility to ensure that our updated draft Code reflects the law accurately. We are confident that the draft provided to you now does so. It is consequently our strong preference, having been advised at expert level about its scope and accuracy, that the updated draft Code be brought into force as soon as possible to reflect the law as it has now been clarified by the Supreme Court. This is particularly urgent considering the spread of misinformation and misleading information on the law following the Supreme Court judgment which continues to circulate widely. ...

In addition, as outlined above, the Equality Act 2006 stipulates that the Secretary of State may revoke a code issued under the Act at the request of the Commission, by order.

Given that the published version of the (2011) Code currently contains analysis of the Equality Act 2010 which has been shown to be incorrect by the Supreme Court, the EHRC consequently requests that you revoke the current code as soon as possible now that Parliament has returned, so that courts, tribunals and duty bearers are clear that it is no longer to be relied on. This will also mean that we are no longer in a position of promoting an inaccurate analysis while simultaneously seeking to promote and ensure compliance with the correct understanding of the law. Of course, uncertainty for duty-bearers will be reduced significantly once the new draft Code is laid in Parliament. ...

NB NOT the whole letter which you canr read at https://www.equalityhumanrights.com/our-work/advising-parliament-and-governments/our-letter-minister-women-and-equalities-about

and

Good Law Project is saying the EHRC has withdrawn its interim guidelines post Supreme Court ruling. Must admit I couldn't find it, but it is late a night and my eyes are very blurry.
https://www.scenemag.co.uk/good-law-project-ehrc-has-withdrawn-interim-guidance-encouraging-trans-exclusion/

bump - why doesn't the letter explain the implications of withdrawing the interime guidelines?

The updated code of practice is accurate and comprehensive guidance on how services, public functions and associations should comply with the Equality Act and supersedes all previous guidance from the EHRC. This includes the 2011 code of practice which the EHRC is calling for the minister to revoke as of now. The EHRC has also removed the interim update from its website that was published after the Supreme Court's judgment. Duty-bearers should continue to take specialist legal advice, as they did before, on what they need to do under equality and human rights law. They should use the new code once Parliament has approved it.

I think they're saying the draft code is correct so FFS get on and approve it/revoke the 2011 code. Meanwhile duty-bearers are on their own, or can consult their lawyers, fwiw.

It's a hissy fit.