Labour is to cancel its national women’s conference and restrict all-women shortlists as it awaits full guidance from the equalities watchdog, sparking criticism from trans rights and gender critical campaigners.
The party’s governing body, the national executive committee (NEC) will meet on Tuesday to sign off plans to cancel the women’s conference, which was due to take place before the party’s annual conference in Liverpool in September.
The Equality and Human Rights Commission’sinterim advice, published after the supreme court decision that the term “woman” in the Equality Act refers only to a biological woman, has suggested that voluntary organisations should apply that rule.
The NEC has been told the party is at risk of a legal challenge by going ahead with the conference,according to LabourList, and could face protests and direct action if the conference goes ahead as usual on the basis of self-identification.
Guidance to the NEC also advises that “all positive action measures relating to women in the party’s rules and procedures shall be interpreted on the basis of biological sex at birth. Guidance shall be issued to all party units and relevant stakeholders to this effect.
“The party will work with individuals and local parties affected by the judgment to resolve specific cases with sensitivity and compassion, acknowledging the significant effect the judgment will have had on many people.”
The gender critical group Labour Women’s Declaration said it was wrong to cancel the conference, calling it a “kneejerk reaction” and “incendiary action”. The conference acts as a policymaking body on particular issues affecting women.
“It would be exceptionally disappointing if our party, which strives to be a grown-up and serious political force, and a strong government, could not find the courage to run this conference as planned and run it in accordance with law which was introduced under a Labour government,” the group said. “Women deserve better.”
Cancellation of the conference is likely to be costly and the NEC document notes there are “impending contractual commitments for services in connection with the event that involve significant expenditure”.
LGBT+ Labour, Labour for Trans Rights and Pride in Labour issued a joint statement condemning the changes and urging NEC members to vote against them.
“The Labour party must set an example and stand on the right side of history,” the statement said. It added that the proposals were “not effective ways to ‘clarify’ anything”.
“We would also question whether the exclusion of trans women from women’s conference is a proportionate means to achieve a legitimate aim, as trans issues have come up time and time again during the conference. This seems to completely remove trans people from that debate. It is a blatant attack on trans rights and is seemingly an attempt to isolate trans people even further within the Labour party and the labour movement more widely.”
LGBT+ Labour’s trans officer, Georgia Meadows, said: “Trans people are already greatly underrepresented in British politics, and if passed, this decision by the NEC will further harm trans people’s ability to engage with the democratic process and make them feel unwelcome at a time when the trans community is increasingly under attack.”
A Labour party source said the party would respect the supreme court judgment and would comply with statutory guidance once published. Ministers will consider the EHRC code of practice when a draft is submitted.