The Equality & Human Rights Commission (EHRC) has submitted its drafted code of practice to the Government following a reduced six-week consultation, and a short review period. The consultation received 50,000 responses that were largely reviewed using AI leading many to question whether the consultation was meaningful or the review process fair. 

Now that it has been formally submitted, the draft guidance will now go through an undetermined period of review by the Government - and its lawyers - before eventually being laid in Parliament for scrutiny, after receiving ministerial approval. 

The guidance has only been shared with the Government. LGBTQ+ rights charity Stonewall wrote to the Prime Minister earlier this week asking for the EHRC’s submission to be made available in the interests of trust and transparency. 

A Stonewall Spokesperson said: “Trans people are – and will remain - protected from discrimination and harassment under the law. The Government - and its lawyers – now need to ensure that the guidance is compatible with existing pieces of legislation and protects the rights of everyone.  

“The draft guidance consulted upon, took the position of justifying exclusion rather than inclusion of trans people as its starting point, which does not reflect the values of our society. It risked creating a hierarchy of rights and a tiering of safety concerns. We hope that these grave concerns have been addressed.  

“The LGBTQ+ community - and many others - have been deeply concerned about the approach taken by the EHRC throughout this process. It is now up to the Government to rebuild trust during this next stage by acting transparently and showing the due care and consideration that has been absent to date.  

“We called on the Prime Minister earlier in the week to share the final draft submitted by the EHRC before it is laid in parliament.” 

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