He said there had not been a \u201cdelayed process\u201d and that Phillipson would need time to \u201ctake a fully informed decision\u201d. <\/p>\n
![\"A](\"https:\/\/www.europesays.com\/uk\/wp-content\/uploads\/2025\/10\/\/7df8c0b6-4c57-4ebe-aab8-74cb5378eeb2.jpg\")
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Trans protesters outside Downing Street<\/p>\n
VUK VALCIC\/SOPA IMAGES\/LIGHTROCKET \/GETTY IMAGES<\/p>\n
Under the Equality Act, once the code is approved, it will be laid in parliament for 40 days before it becomes statutory. There is no requirement for politicians to be able to debate the code, although some MPs and peers, including Phillipson\u2019s deputy leadership rival, Lucy Powell<\/a>, said they should be able to do so.<\/p>\n The guidance was updated after the Supreme Court ruling that said that a woman was defined biologically in reference to the Equality Act and that this definition applied to any organisation that provided services to the public.<\/p>\n It has not yet been laid in parliament, however, and Phillipson has been accused of delaying its release<\/a> in a bid to save her Labour deputy leadership campaign, which she has denied.<\/p>\n It is understood the group of peers met in parliament on Wednesday after a debate in the Lords on the guidance.<\/p>\n Among those in the group is Baroness Hunt, who previously led Stonewall\u2019s \u201cno debate\u201d approach<\/a> on transgender rights. The group, calling itself \u201cfriends and allies\u201d, believes \u201cthe EHRC is at risk of being pulled towards more restrictive positions\u201d, documents showed.<\/p>\n Baroness Hunt led Stonewall\u2019s \u201cno debate\u201d approach on trans rights<\/p>\n ROGER HARRIS PHOTOGRAPHY<\/p>\n One document, seen by The Times, described the EHRC guidance as \u201cof critical importance\u201d in shaping how inclusive public and private sector organisations could be. It warned that the EHRC\u2019s interpretations carried \u201cweight far beyond the courtroom\u201d.<\/p>\n The strategy outlined plans to present the group as \u201cconstructive partners\u201d while pushing for additional due diligence on the guidance, which critics suggested was a move designed to delay implementation. <\/p>\n It said they would push the government to \u201cuse the forthcoming appointment of a new chair and additional commissioners as an opportunity to restore balance and credibility to the EHRC\u2019s leadership\u201d. <\/p>\n Baroness Falkner, the current chair of the EHRC, who has advocated for women\u2019s rights in the debate on gender, will step down at the end of November. Her replacement, Mary-Ann Stephenson<\/a>, has already faced criticism from transgender activists over her gender-critical views.<\/p>\n The EHRC is also due to appoint at least three new commissioners in the coming months and the document suggested the group would attempt to lobby the watchdog\u2019s new chair and commissioners to water down its guidance.<\/p>\n The strategy said this would create \u201crisk and opportunity\u201d. It said: \u201cWith the right leadership and balance of commissioners, the EHRC can be pulled back to the middle ground: credible, authoritative and committed to upholding equality for all communities.\u201d<\/p>\n It also identified \u201copportunities over the next parliament\u201d, including pressuring the government to \u201cundertake thorough consultation and legal due diligence before the EHRC\u2019s draft statutory guidance is laid before parliament\u201d. The document warns that without this, ministers risk being \u201csaddled with a document that is both harmful in practice and vulnerable to challenge in the courts\u201d.<\/p>\n Peers were encouraged to table written and oral questions to ensure ministers confirm that the guidance has undergone proper consultation, legal review, and equality impact assessments, and to raise concerns about \u201cbalance and credibility\u201d in upcoming EHRC appointments.<\/p>\n![\"Baroness](\"https:\/\/www.europesays.com\/uk\/wp-content\/uploads\/2025\/10\/\/f8442673-df14-40f6-bc5e-2d81432c63b4.jpg\")
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