Councils defy EHRC Code of Practice

The EHRC (Equality and Human Rights Commission) Code of Practice restricting trans people's access to public facilities is now in force, from 5 August. Positively, a number of London councils (all Green-led) have stated they will not comply with its provisions. More local authorities should follow their lead.

They will need to be prepared to contest legal challenges to them from organisations like Sex Matters. That will mean not just being prepared for court hearings but helping to drive campaigns in the community and within the labour movement to help resist these attacks.

The National Union of Students (NUS) has issued guidance for student unions and societies on how to resist the Code of Practice and put pressure on Universities to uphold trans people's rights to access public spaces, particularly toilet facilities.

However, a case brought by a Unison member at Nottingham College to the Certification Officer has found Unison to be in breach of its own rules by allowing a "biological male" to run for one of the female seats for Disabled members on the union's National Executive Committee. That candidate was unsuccessful, and as a result the Certification Officer has decided to merely confirm the union's own rules were broken and has imposed no penalty on the union. Andrea Egan, Unison's General Secretary, has said: "I personally find the ruling unpalatable, and it goes against our Unison policy positions".

This is yet again an illustration of why the Certification Office should be abolished and its powers removed. Unison ran the election under policies voted on by the union and, importantly, supported by its own women's section. The objections of one member have now led to an unelected state functionary deciding that the union's own members are wrong. Unison should be able to amend its rules so that reserved "female" seats are reserved for women, cis and trans.

A number of unions have said they will boycott the Labour Party Women's Conference over its decision to exclude trans members. Unison is said to be organising a demonstration, which is very welcome. The entire labour movement should continue to campaign for trans inclusion in self-organised women's sections, and that includes having the fight in the Labour Party.