Key Takeaways
- The Labour Party’s Women’s Conference was cancelled in 2025 due to legal concerns following a Supreme Court ruling
- The party has launched a comprehensive legal review of its rules and will implement new attendance rules for the 2026 event
- The government is reviewing a new code of practice for applying the Equality Act in light of the Supreme Court ruling
- The Equality and Human Rights Commission (EHRC) has submitted a draft of the code to the government, but it has yet to be published
- The delay in publishing the code has created a "grey zone" around single-sex spaces, with some organizations implementing the ruling in different ways
Introduction to the Women’s Conference Cancellation
The Labour Party’s Women’s Conference, which is typically held the day before the party’s annual conference, was cancelled in 2025. This decision came after the party received legal advice in response to a Supreme Court ruling. Prior to the ruling, the party had allowed individuals to self-identify as women, enabling trans women to attend the conference and participate in "positive action" measures such as all-women shortlists. However, the Supreme Court’s decision led to a re-evaluation of the party’s policies and procedures.
The Impact of the Supreme Court Ruling
The Supreme Court ruling has had significant implications for the Labour Party and its approach to issues related to gender identity. The party has since launched a "comprehensive legal review" of its rules surrounding the women’s conference. This review aims to ensure that the party is complying with the law while also addressing the under-representation of women within the party. A spokesperson for the party confirmed that the 2026 women’s conference would proceed with new attendance rules in place, reflecting the party’s commitment to upholding the law and promoting the representation of women.
The Government’s Response to the Ruling
The government is also responding to the Supreme Court ruling by developing a new code of practice for applying the Equality Act. The Equality and Human Rights Commission (EHRC) has submitted a draft of the code to the government, which is currently under review. The code is intended to provide guidance to public bodies and businesses on how to implement the Equality Act in light of the Supreme Court’s decision. However, the publication of the code has been delayed, with Equalities Minister Bridget Phillipson stating that she needs time to "get this right" before publishing the guidance.
Concerns About the Delay in Publishing the Code
The delay in publishing the code has raised concerns among some individuals, including the outgoing head of the EHRC, Baroness Falkner of Margravine. Baroness Falkner has expressed her certainty about the lawfulness of the guidance and has suggested that the government’s delay may be due to concerns about the reaction of some MPs who support trans self-identification and inclusion. She has also highlighted the creation of a "grey zone" around single-sex spaces, where some organizations are implementing the ruling in one way, while others are not. This lack of clarity has the potential to create confusion and uncertainty for individuals and organizations seeking to comply with the law.
The Need for Clarity and Guidance
The need for clear guidance on the application of the Equality Act is evident. The Supreme Court ruling has created a complex and nuanced situation, and organizations are seeking direction on how to navigate these issues. The publication of the code of practice is essential in providing clarity and consistency in the application of the law. It is crucial that the government takes the time to get this right, as the consequences of unclear or inconsistent guidance could be significant. The Labour Party’s decision to launch a comprehensive legal review and implement new attendance rules for its women’s conference is a positive step towards addressing these issues, and it is hoped that the government will follow suit by publishing the code of practice in a timely manner.