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Government will implement Supreme Court ruling on definition of women, McFadden pledges after ex-EHRC chief’s criticism

Minister’s promise comes after news Labour women’s conference 2026 will be for biological women only

Work and Pensions Secretary Pat McFadden speaking to the media outside BBC Broadcasting House in London, after appearing on the BBC One current affairs programme, Sunday with Laura Kuenssberg, December 7, 2025

THE Supreme Court’s ruling that the term “women” in the Equality Act refers to biological women will be implemented, Work & Pensions Secretary Pat McFadden said today, but he declined to give a date.

Mr McFadden was pressed on the issue after former Equality & Human Rights Commission (EHRC) chairwoman Baroness Kishwer Falkner criticised the delay in publishing statutory guidance on what it will mean for single-sex spaces.

Organisations are still awaiting updated guidance from the EHRC, which requires ministerial approval and would only come into force 40 days after the government has laid the draft code in Parliament.

Labour’s women’s conference next year will be for biological women only, with trans women not allowed access to the main conference hall or voting rights, though fringe meetings and exhibition spaces will be open to all.

The news — which broke on Friday — has been criticised by Labour for Trans Rights as “exclusionary,” but welcomed by Labour Women’s Declaration as in line with the Supreme Court judgement.

Labour cancelled its women’s conference this year, fearing a bust-up and potential legal challenges following the court’s ruling.

Baroness Falkner told Sky News’s Sunday Morning With Trevor Phillips that the government had had EHRC guidance since April — Mr McFadden had said it only received it in September — but added: “Let me make it clear — the guidance is just a navigational tool. The law of the land was determined on April 16 [by the Supreme Court].”

She also criticised MPs’ lack of understanding of the law as revealed in parliamentary briefings.

“On the code of practice, we did parliamentary briefings with MPs… my heart sank — [they] didn’t have an idea of the Equality Act at all.”

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