Andy Burnham secretly agrees with Left-wing councils that are refusing to comply with guidance on single-sex spaces, Kemi Badenoch has said.
The Tory leader claimed the Prime Minister’s failure to take action against local authorities flouting the guidelines suggested that he “still holds to his previous views” on trans issues.
The Telegraph revealed on Tuesday that councils which publicly declared last week they would defy the new guidance had still not faced action from the Government.
Mrs Badenoch has now demanded that the Prime Minister order councils to “uphold the law or face the consequences” to show that he understands and supports the new rules.
The Equality and Human Rights Commission (EHRC) code of practice, which took effect on Aug 5, requires access to single-sex spaces to be based on a person’s biological sex, rather than their gender identity.
During his tenure as Greater Manchester mayor, Mr Burnham said he was a supporter of trans rights and declared that trans women should be allowed in women’s toilets – Kin Cheung/PA
It means that those responsible for public services – including councils – are expected to ensure that transgender people use either gender-neutral lavatories or those designated for their sex at birth.
During his tenure as Greater Manchester mayor, Mr Burnham said he was a supporter of trans rights and declared that trans women should be allowed in women’s toilets.
He said in 2022 that support for single-sex spaces was a “minority view”, and last year told LBC that the EHRC code would make the issue “more confusing in the real world”.
But during the Makerfield by-election campaign, on his quest to return to Westminster, Mr Burnham said the “time has come” to implement the new guidance.
He had been under pressure from women’s rights groups and gender-critical campaigners, some within Labour, to say whether or not he supported the guidance.
Last week, the Green Party leaders of Lambeth, Hackney, Haringey, Lewisham, Southwark and Waltham Forest councils made a joint commitment to keep their services “inclusive”.
They insisted they would not put staff in the “impossible position of policing entry to public spaces”, despite the new code of practice.
Mrs Badenoch told The Telegraph: “Andy Burnham used to say men should be able to use women’s toilets, and criticised the Supreme Court ruling on biological sex.
“He u-turned when he realised he was on the wrong side of public opinion, but the fact he’s letting councils get away with ignoring the EHRC guidance suggests he still holds to his previous views.
“Women’s single-sex spaces must be protected from biological men. The law is not optional. Burnham needs to show he understands this, and tell those councils to uphold the law, or face the consequences.”
Writing to Bridget Phillipson, the equalities minister, the leaders of the six rebel councils said: “Trans women are women, trans men are men, and non-binary identities are fundamentally valid.
“It is simply unacceptable that the Code of Practice is harmful to the rights of trans people and will make their exclusion from public life more likely, not less.
“This will feel like an attack to the countless trans people in our communities who are simply trying to live their lives in safety and wish to be treated with respect.”
It is ultimately up to the EHRC, which operates independently of the Government, to enforce the code.
However, ministers could remind councils of their responsibilities under the law and warn them of the consequences if they rebel.
A spokesman for the equalities watchdog said it was monitoring whether public bodies were complying with the law.
They added that the EHRC would “take enforcement action where it is proportionate and necessary”.
The Tories have already reminded their own councillors that they must comply with the new code, which is intended to help organisations interpret the Equality Act 2010.
Those who refuse to comply could leave themselves open to discrimination claims – and potentially unlimited fines.
No 10 has been approached for comment.