Liz Truss has ruled out accepting guidance that would ban transgender people from being able to use a single-sex space of their choosing.
Ms Truss said the Government “has no interest” in stopping transgender people from using facilities – such as toilets or changing rooms – of their choosing.
The Foreign Secretary and Minister for Women and Equalities made the comments in a letter to the chair independent Equality and Human Rights Commission (EHRC), which is in the process of producing guidance on the use of single-sex services.
In the letter, seen by i, Ms Truss wrote: “The Equality Act makes it clear that providers have the right to restrict use of spaces on the basis of sex as currently takes place.
“The Government has no interest in changing the current situation where transgender people are able to use facilities of their chosen gender.
“I very much support your attempts to correct the record and know that you will be seeking to engage and reassure LGBT groups on these issues privately too.”
It comes after the commission was forced to deny it had considered guidance that would exclude transgender people from single-sex spaces unless they have a Gender Recognition Certificate (GRC).
A recent report in Vice said it had seen leaked documents suggesting this had been considered by the committee.
The Equality Act currently indicates that transgender people can be excluded from single-sex spaces only where it is a “proportionate means of achieving a legitimate aim.”
Only a very small percentage of transgender people currently have a GRC and LGBT+ campaign groups have said the change would exclude the vast majority of the trans community.
The suggestions were strenuously denied by EHRC, which said it was “completely false to claim that we are looking to bar trans people from accessing spaces without a GRC” and referred to the reports as “misinformation”.
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There has been mounting frustration in the Government equalities department at how long it has taken for the commission to publish the guidance, as well as concern that the current vacuum was leaving transgender communities facing uncertainty.
A source close to the Foreign Secretary said: “Liz has been clear that the Equality Act allows transgender people to use facilities in their chosen gender, and that the government has no intention of changing that.
“However, service providers have been crying out for clarity on when, or if, they can use the exemptions in the Act.
“We are yet to see the EHRC’s proposed guidance, but we look forward to considering it when appropriate.”
Ms Truss said in the letter to the commission it was “vital that there is clarity on the law around single-sex spaces and services and that it is understood and correctly applied – service providers should be confident in their ability to use these exceptions and know that the law is on their side”.
She added: “I also know that you share my concern about the worry that recent reporting has created, and that you have been seeking to correct this.”
