Welsh Government warned it will face legal action if it fails to keep women’s spaces and services for biological women only
Martin Shipton
A gender critical women’s rights group has warned the Welsh Government to implement guidance that reserves women’s spaces and services for biological women or face the threat of legal action.
The warning from Women’s Rights Network (WRN) Wales follows a Supreme Court ruling that made it clear that references to women in the Equality Act 2010 refer to biological women and not to biological males who identify as female.
The ruling was followed by guidance issued by the Equality and Human Rights Commission (EHRC) that restricts access to single-sex spaces like toilets and changing rooms to biological women and excludes biological males from participating in women’s sports teams. Equality law is not devolved to Wales and this week the UK Government’s Education Secretary Bridget Phillipson made it clear that schools in England would be following the EHRC guidance.
As a party, Plaid Cymru supports trans rights, including the right of trans women to have access to women’s spaces and services. All of its candidates in the recent Senedd election were expected to support the party’s position, despite the Supreme Court ruling.
When Nation.Cymru asked the Welsh Government whether it would be following the EHRC guidance, a spokesperson said: “We are currently examining the draft Code to assess the implications for the Welsh Government.”
But Cathy Larkman of Women’s Rights Network (WRN) Wales said: “The Welsh Government does not need to ‘examine’ the Code of Practice. The law is the law and it has been clear for years. The Supreme Court’s unanimous judgment in April 2025 removed any remaining ambiguity beyond doubt.
“Furthermore, the Welsh Government was consulted during the development of this very guidance in 2025. They have had every opportunity to engage with both the legal framework and its practical implications. That they now claim to be still ‘assessing’ it is simply not credible.
“Women’s spaces and services are for women. They must not include men, regardless of how those men may choose to identify.
“What is now urgently required is clear, unequivocal leadership from the Welsh Government to the many service providers and duty-bearers – including NHS boards – that remain in breach of the law by permitting men access to women’s spaces and services. Every day of further delay compounds the legal exposure of those organisations and brings them closer to the prospect of legal actions they would be unable to defend.
“WRN Wales made repeated offers of assistance to First Minister Rhun ap Iorwerth and Plaid Cymru to help them understand the implications of the Supreme Court judgment. We arranged a dedicated event at the Senedd, with expert legal speakers and a representative of For Women Scotland – the group that brought the landmark case. Not one of those invitations was taken up by them. The First Minister’s party now finds itself on the back foot as a direct consequence.
“We know through polls and public opinion that the overwhelming majority of the public agree with the importance of single sex spaces and services. We suggest that instead of further inexcusable delay, that the Welsh Government dispense with futile attempts to appease trans activists and get on with implementing the law instead, and focus their efforts on sorting out cost of living issues, NHS waiting lists and improving educational attainment in Wales.
“WRN Wales remains ready to assist the First Minister and his team in understanding the law and bringing unlawful policies into compliance. We urge them not to waste any further time.”
Schools
Meanwhile Welsh Conservative MS Sam Rowlands has written to Anna Brychan, the Cabinet Secretary for Education, asking her whether the Welsh Government intends to implement the EHRC guidance in Welsh schools.
He states in his letter: “As you will be aware, the Equality Act applies in Wales, and schools across Wales will now be seeking clarity regarding how this guidance should be implemented in practice, particularly in relation to matters such as single-sex spaces, safeguarding, changing facilities, sports participation, and the protection of all pupils within the school environment.
“Given the understandable uncertainty that currently exists amongst teachers, governors and parents, could you clarify whether the Welsh Government intends to implement the EHRC guidance within Welsh schools and, if so, what timetable do you envisage for doing so?
In particular, it would be helpful to know:
* Whether updated guidance will be issued to schools in Wales;
* Whether schools will be expected to amend existing policies;
* What advice will be given to headteachers regarding safeguarding and compliance with the Equality Act; and
* Whether the Welsh Government intends to diverge in any way from the approach set out by the EHRC.
“Schools and parents alike require clear and consistent guidance to ensure that the rights, dignity and safety of all pupils are properly respected.”
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Well said Cathy Larkman and Sam Rowlands.
Women and girls in Wales deserve better than Plaid Cymru doubling down on Welsh Labour’s failure to respect and protect their rights.
Jumping to (sweeping) conclusions arent we? How does “We are currently examining the draft Code to assess the implications for the Welsh Government” translate to “doubling down” on the previous Welsh govt’s failure when it comes to respecting and protecting womens rights?
Might be better to wait and see what the new plaid cymru welsh govt does in terms of applying the draft code in Wales before rushing to publicly denounce them
Did you read their manifesto commitments?
And the polices on their website?
The law hasn’t changed, they don’t need to “assess the implications”.
Also it’s not a draft code.
I think you are missing the point Leigh and have made some sweeping conclusions yourself. The law was clarified at the Supreme Court judgment in April 2025. There was no need to wait for the EHRC guidance as has been pointed out by not only UK Govt, but by various legal experts too. It’s not the draft code that needs to be applied, it’s the law. The Code is just guidance. The women’s group are quite rightly pointing out that the new Govt CANNOT wait any longer because they are exposing themselves, and devolved services in Wales to legal risk.… Read more »
Perfectly put.
Good on the Women’s Rights Network. Women want our rights back. The Welsh Government needs to accept the Supreme Court judgement and show women they give a **** about our dignity and safety.
No. The Welsh Government needs to follow the mandate given to it by the electorate. The Supreme Court has only made a very narrow clarification of the Equality Act with some hate groups reading things into it which it doesn’t say.
The WG must and will follow the law.
Only 1 in 5 adults voted for PC. I did but that doesn’t give them a mandate for much in moral terms – and certainly not for destroying the rights of welsh women and girls.
Plaid can’t implement their own policies in this area because Equality issues are reserved for Westminster. They need to make peace with reality and implement the actual law.
This is why this ruling is an absolute mess.
The ruling, delivered over a year ago, simply explained very clearly what the Equality Act actually says.
The mess has been caused by deliberate campaigns convincing gullible politicians and organisations that it meant something else.
And that mess hasn’t served the trans community well either – they were told they had rights they never had and many are justly upset on learning the truth. The activist organisations could have been campaigning all these years for additional gender neutral facilities for the people they’ve misled.
Comment of the year. Well said.
OK with removing rights then.
Got it.
You know that when they are done with this, all other rights including women’s rights will be taken away?
“If you don’t want to get undressed in front of male strangers, you’ll lose the right to vote” is a very silly argument and no-one is buying the false teaming. Women’s rights rely on being able to get away from men when we’re vulnerable and don’t rest upon “trans rights” in any way.
This whole trans campaign has been one for the removal of women’s rights. Instead the woke should have been campaigning for the rights for all. The answer has been staring everyone in the face and has already been enacted in many places. Gender neutral facilities, Female facilities and Male facilities. Now why has that been so difficult?
Anyone should have the option of using individual facilities if needed.
So there we have it ladies and gents, where gents can’t march into the ladies.
I am so glad there are Women like Cathy Larkman standing up for women and girls rights and its also great to see people such as Sam Rowlands also helping. Now Welsh government your turn to stand up for women and girls rights and safeguarding
When politicians claim this to be a minority issue whilst ignoring the rights of women and girls, we all need to better understand what this actually means. This isn’t just about toilets, this is about hospitals, health care settings, schools, prisons, rape crisis centres, where women and girls are at their most vulnerable. Those who claim that they are not at risk from men who identify as women need to do their research. It’s lazy, deluded, classist and utterly ignorant if not just plain virtue signalling to simply bang on about how this will impact on the trans community. The… Read more »
Nailed it.
As a father, son, brother and partner, I am heartened by the comments below from obviously formidable Welsh women. The law has always been perfectly clear – the facilities and sports of biological women and girls are protected from biological men and boys. Also pleased to see Andy Burnham changing tack on this issue. Sensible.
The guidance issued from London is (a) nonsensical and (b) unworkable. Dad will continue to use ladies toilets if out with a young daughter and she needs help for a wee. There are some women who don’t always ‘look like’ women and should remain unchallenged when using public toilets, as are some MtoF transexuals. There are also biologically born females who have transitioned to men who will continue to use mens toilets. For most men and women such ‘ishoos’ are not a problem, and the whole reasoning hate mongers like Cathy Larkman is predicated on the myth that transexuals pose… Read more »
No it is not. It is crystal clear and always has been. The young kids thing will just be everyone doing their best as parents (as we have done for decades). The key thing here is that women’s rights to their own spaces have been protected. Trans people can use the facilities aligned with their biological sex or gender neutral facilities (which are pretty much in every building these days).
As someone with 2 young daughters, well that was years ago. I have had no problems with accessing toilets etc for them. Staff at all these sites we’d attend would know what to do, when nature called. And they help the hapless male . You would be guided to the nappy changing cubicle. You would be guided to the disabled cubicle. You would be guided to a staff toilet. They would all have had a solution because they knew the building and you were not the first male to have asked them.
This moral panic is one of the reasons the entire civilised world thinks the uk has lost its collective mind. As if trans people are the real threat when cis men commit sexual violence with impunity.
Well said.
So sick of this culture war issue.
This is all just a distraction that started with US conservatives trying to wind back decades of progress which is sadly working. They started with so-called bathroom bills in the US because it’s easy to frame the issue as common sense, even though it actually has the possibility to do more harm than what we had before (trans men now legally have to use women’s spaces despite very much presenting as male, so it’s now actually much easier for cis men to enter women’s spaces should they wish). I’m amazed more gender critical people haven’t thought about this gaping loophole… Read more »
Well said.
Great to see another man telling women what to think and do. Oh and the kids thing is Trump level misinformation. Society has been working together on this for decades without an issue. This is all about biological men demanding access to the loos, changing rooms, sports of biological women
Thankfully, the government has seen that. The patriarchy can now back right off.
I don’t know where you have been hiding. There is hardly a place that I go to that does not have at least one single cubicle toilet. From what I gather as long as there are sufficient for any anticipated needs that puts them legal
From what I gather it is only in wokeland that these things have not been enacted.
Simples
Men commit sexual violence however they identify – if you actually look at the statistics, those men in the prison population who identify as women are actually near on 4 times MORE likely to be guilty of sexual violent crimes. I agree that it feels we have lost our mind when we think that keeping women and girls safe in their own spaces is not an issue.
Thinking men become statistically less dangerous because they’ve changed their clothes is magical thinking.
No trans people are not the threat. A policy that allows any individual to self-identify as any chosen gender is, especially when that policy can allow potential predators access to vulnerable women in prisons, hospitals and refuges. There are cis men out there who would use such loopholes to abuse women and it’s naive to claim otherwise.
The Welsh Government finds itself between a rock and a hard place with a need to comply with the law v their support for trans rights. It’s a difficult one but legally the direction is clear even though the moral position is difficult to maintain.
It is morally wrong to put aside the rights of women and girls to their own private spaces whether in changing rooms, toilets, prisons, refuges, wards, dating apps (see Giggle v Tickle), social settings – those rights were hard fought for. If people want to fight for a third space for those who identify differently to that of their biological sex, great.
Bunch of raving bigots determined to bring their hate and bullying into Wales.
There is zero evidence that trans people are a danger to women in any of these situations, but there is a hell of a lot of evidence that trans people would be in danger if forced into the bathrooms they don’t fit in. But then, like the homophobes of my youth, they don’t care if a young trans girl is attacked or murdered.
It does happen (there have been numerous cases) which is why biological women have the right to their own spaces.
True
“Ministry of Justice statistics show 76 of the 129 male-born prisoners identifying as transgender have at least one conviction of sexual offence”
Ref UK Parliament Evidence and Data on TransWomen’s Offending Rates Submitted by Professor K Stock and Professor A Sullivan (GRA2021)