Equality Commission to publish guidance on Supreme Court ruling

Claire Quinn
BBC News NI
Getty Images Public toilet sign for women in a commercial building.Getty Images
It comes as Fermanagh and Omagh District Council said it would be implementing the provisions of the Supreme Court's ruling across its buildings

Northern Ireland's Equality Commission has said it aims to publish new formal guidance in June after the Supreme Court's ruling that a woman is defined by biological sex.

The court had been asked to decide on the proper interpretation of the 2010 Equality Act, which applies across Great Britain, but not in Northern Ireland.

It comes as Fermanagh and Omagh District Council said it would be implementing the provisions of the Supreme Court's ruling across its buildings.

The Equality Commission said it would "advise all employers and service providers, including councils, to review any policies that the Supreme Court judgment may impact on".

"As always, we advise them to come to us for advice relevant to their particular circumstances prior to making any changes," it added.

The Supreme Court ruling has major implications for single-sex spaces in GB, such as female changing rooms and toilets.

BBC News NI's The Nolan Show asked a number of public bodies in Northern Ireland - including health trusts, government departments and councils - how they plan to react to the Supreme Court's ruling.

The Department of Finance, Department for Communities and Department of Health also stated they were considering potential implications.

While most council also said they were still considering the ruling's implications, Fermanagh and Omagh said they "will be developing new guidance for the use of changing rooms at leisure facilities and toilets further to the Supreme Court ruling".

The council added that they will "review the equality screening of our policies to identify any anomalies that may have arisen as a result of the Supreme Court ruling".

"Should the screening highlight any particular issues or concerns which require amendment or new policy development, these may be the subject of public consultation."

Alexa Moore. She has blonde hair and blue eyes, wearing a black leather shirt, white top, black hoop earrings, and chain necklace
Alexa Moore from the Rainbow Project questioned how the council was planning to enforce policies

Alexa Moore is the policy, campaigns and communications manager at the Rainbow Project and said that Fermanagh and Omagh District Council have "jumped the gun".

"It's quite concerning for trans [people], but also wider LGBT communities in Fermanagh because you have to ask the question: 'How is this going to be enforced, are we going to have council workers paid to stand on-site and do genital inspections on people trying to use leisure facilities?'

"It's frankly bizarre and I do think they're really jumping the gun here," Ms Moore said.

Getty Images Entrance of the Supreme Court building in London. There is a large blue sign marking the door into the court.Getty Images
The UK Supreme Court unanimously and unambiguously backed the argument that the definition of a woman in the Equality Act should be based on biological sex

'Dismayed and angered'

In a statement, Omagh Pride said they were "dismayed and angered" by the council statement on the Supreme Court ruling.

"This is yet another decision that would have a deeply adverse impact on trans people, adding to isolation and putting their safety at risk.

"We call on our local elected representatives to immediately and clearly speak out against this statement from Fermanagh & Omagh District Council and to ensure that no changes to policy are implemented which would undermine the rights and risk the safety of trans people."

What do people in Omagh think?

Mandy McClelland. She has blue eyes, wearing a black hood and cream jumper.
"Live and let live is my motto" - Mandy McClelland

BBC News NI asked some people out and about in Omagh about the possibility of Fermanagh and Omagh District Council changing its policies.

Mandy McClelland, from Omagh, does not think there should be a "hard and fast rule".

"If you need the toilet – you need the toilet whatever gender you are so that wouldn't bother me in the slightest."

She said would not mind sharing a toilet with a transgender person.

"Live and let live is my motto."

Demi Whelan and her daughter Tilly. Demi has long brown hair, wearing glasses and a cream fleece. Tilly has long blonde hair in pigtails and light blue jumper sitting in a pram. Demi is crouched down next to her.
Demi Whelan, pictured with daughter Tilly, said if someone needs to go to the toilet there should not be any fuss

Demi Whelan said if she or her daughter Tilly needed to use the toilet and only the men's was available, they would still use it.

"If it's clean enough for us to use we're going to use it," she said.

"I think if you needed to go to the toilet there shouldn't be any fuss of whether you need to go, if it's available you're more than welcome to use it."

Billy Naylor. He is wearing a black cap, black jacket and carrying a backback.
"A man's toilet is for a man, a woman's toilet is for a woman" - Billy Naylor

However, Billy Naylor said he does not think a male who has changed their gender to female should be able to use a female bathroom.

"If that's their decision, to be what they want to be, when it comes to public toilets – no, a man's toilet is for a man, a women's toilet is for a woman," he said.