Several major unions will boycott this year’s Labour Women’s Conference after the party said trans women would be barred from attending the main hall. The annual event is due to take place in Liverpool in September, on the eve of the main Labour party conference, and is intended to encourage more women to take part in policymaking.
Labour says the restriction applies only to the main hall, not fringe meetings, and is intended as the least restrictive way of balancing accessibility with compliance with new laws that came into force in April last year. But the decision has put the party at odds with the equalities policies of most unions affiliated to Labour, which help fund the party, and some of which are campaigning for a change in the law.
Every year, the Labour Women’s Conference brings together hundreds of women from Labour’s activist base, including MPs, councillors and supporters. Historically, Labour has allowed people to self-identify, meaning trans women could attend the event and take part in positive action measures such as all-women shortlists.
Why has Labour changed its approach?
Labour changed its approach after the Supreme Court unanimously ruled in April last year that, under equalities law, a woman is defined by biological sex. Following that ruling, Labour cancelled last year’s women’s conference altogether while it waited for full guidance from the equalities watchdog on the definition of a woman.
That guidance, issued by the Equalities and Human Rights Commission (EHRC) and approved by ministers, interpreted the law as meaning a trans woman is a biological male who identifies as a woman and should not use single-sex spaces. On that basis, the National Executive Committee (NEC), Labour’s governing body, agreed that references to a “woman” or “women” must be interpreted on the basis of biological sex.
“the only legally defensible alternative”
At the time, a leaked NEC advice paper recommended delaying the conference because the
“only legally defensible alternative”would be to restrict attendance to biological women. That is why the main session of this year’s conference will be restricted to biological women, including votes, keynote speeches and policy debates, although no restrictions will be placed on fringe events.
Which unions are boycotting the event?
Four unions have confirmed they will boycott the event as a result of the trans ban, as first reported in the Metro. Unison, Usdaw, Aslef and the Musicians’ Union have all confirmed they will not send a delegation this year.
The BBC understands that the ban goes against long-standing policies on trans inclusion in most Labour-affiliated unions, so a mass boycott could be on the cards.
A Unison spokesperson said the union disagreed with how the law was being interpreted to exclude trans people.
“The union has decided against sending a delegation to Labour women's conference this year,”
he said.
“This is because the party's restrictions on access run counter to Unison's policy on trans equality.”
They added:
“Unison's policy is that trans women are women, trans men are men and non-binary identities are valid. The union is campaigning for a change in the law in line with this policy.”
How has Labour responded?
A Labour Party spokesman said the party remained committed to advancing women in politics while ensuring members could network, debate and contribute. He said the Women’s Conference reflects Labour’s commitment to tackling the under-representation of women in the party, inclusion for all, and compliance with the law.
“Labour is committed to advancing women in politics and to providing opportunities for all members to network, debate and contribute.
Labour's Women's Conference reflects our commitment to addressing the under-representation of women in the party, inclusion for all, and compliance with the law.”
The dispute comes after a year of internal party change prompted by the Supreme Court ruling and the EHRC guidance, and it raises the prospect of further tension between Labour and the unions over trans inclusion before the September conference in Liverpool.
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