Confusion in councils over Supreme Court sex ruling - as Belfast U-turns on claim it 'doesn't apply' in Northern Ireland
There is confusion in Northern Ireland’s councils over how the Supreme Court’s ruling on the definition of a woman will apply here – with one council announcing it is changing its policies and another initially claiming it won’t apply here at all.
Fermanagh and Omagh announced on Friday morning that it would will be “implementing the provisions” of the ruling “across its estate”.
Belfast City Council initially claimed that the ruling “does not apply to Northern Ireland” – before abandoning that position to say it is waiting on advice from the local equality watchdog.
Last week, the Supreme Court decided that the protected characteristic of sex in the 2010 equality act is defined by biological sex – meaning men who identify as women, whether or not they have a gender recognition certificate, have no right to access single sex spaces such as toilets, prisons or hospital wards.
Despite the judgment concerning only the Equality Act in England, Scotland and Wales, it said that the effect of the Gender Recognition Act on the many other statutes that refer to men and women “must be carefully considered in the light of the wording, context and policy of the statute in question”.
Women’s rights groups say the principle behind the ruling will also apply to the relevant legislation relating to men and women in Northern Ireland – and the Equality Commission has said it is “likely to be deemed by our industrial tribunals and courts to be highly persuasive” and “is likely to be followed in cases where similar issues arise”.
There are questions about how the Windsor Framework will impact the ruling – with Northern Ireland required to follow certain equality directives. However, the health minister Mike Nesbitt announced before the court ruling that he saw no legal impediment to his plans to introduce single-sex facilities in hospitals here.
Belfast City Council initially told the BBC’s Nolan Show that the ruling “does not apply to NI”. However on Friday afternoon they told the News Letter that they “will consider updated guidance from Equality Commission NI following the Supreme Court ruling, once in place. This will help inform our next steps in relation to this issue”.
Meanwhile, a row is brewing within Fermanagh and Omagh council over the decision of the Chief Executive to announce its policy to the BBC’s Nolan Show before having consulted councillors on the matter.
After the programme went on air on Friday morning, Alison McCullagh contacted councillors to show them what had already been sent to the programme – saying that “legal advice was sought in advance of the response being prepared and issued”.
She told elected representatives “we understand the Supreme Court ruling to carry significant weight and be compelling, and new guidance will have to be developed to reflect this ruling”.
The local authority does not currently have a policy on single sex spaces, but councillors were told it “will be developing new guidance for the use of changing rooms at leisure facilities and toilets further to the Supreme Court ruling”.
The council has been contacted for comment on the matter.
Moves to introduce single sex spaces are already underway in the health service, after the minister Mike Nesbitt launched a review into the matter – before the Supreme Court ruling.
In a letter revealed by the News Letter last months, the UUP leader said “Whilst I appreciate there is a balance to be struck, I do not think it would be unreasonable, nor do I believe it would be unlawful, to make certain shared spaces such as ladies’ changing rooms and ladies’ toilets female only as a matter of policy”.
He said he hopes to implement a “new, region wide agreed position that treats trans people with respect, but which also respects the important right of women to access safe spaces”.