"My experience of the Minister for Women and Equalities, when chair of the EHRC, was, at best, disinterest and disengagement. Nevertheless, while I was in post, the EHRC continued its interaction with respect, so there was no discernible “challenge” as far as we were aware, including after the Supreme Court ruling on biological sex of April 2025.
"To now read that women “deserve” single sex spaces or that Phillipson needs to go through the EHRC code “thoroughly and properly” is both patronising and disingenuous. She received the code in April 2025, and was fully aware that changes would be made to 3/13 sections impacted by the Supreme Court ruling. Those changes were submitted on 4 September. To have taken six months on circa 11 pages of text drafted by leading lawyers, implies a level of meticulousness not normally afforded to senior ministers, where decision-making is a prerequisite.
"The real reason for the delay is that Phillipson does not like this law as clarified by the Supreme Court. It is possible that she was awaiting the outcome of a Judicial Review in which she argued that female-only lavatories could continue to be seen as single-sex even if they permitted trans women to access them, contrary to the EHRC and Supreme Court position. That ruling is in, and EHRC won on all counts.
"This isn’t about “an approach” taken by myself or my board, as that has now been tested in in court. Phillipson has erected a hurdle to application of the law, thus denying women validation of their rights. That is there for all to see."
Kishwer Falkner, Baroness Falkner of Margravine, House of Lords
https://www.newstatesman.com/politics/education/2026/03/letter-of-the-week-phillipsons-final-hurdle
Can also be read at https://archive.is/hjDTz
(I think this was publised 4 March 2026)