Single-sex toilet law proposed for new buildings

New restaurants, public toilets, shopping centres and offices in England will be required to have separate male and female toilets under proposed legislation, the government has said.

The law will affect new non-residential buildings as part of a push "ending the rise" of gender-neutral toilets, Equalities Minister Kemi Badenoch said.

A consultation highlighted concerns from women, elderly and disabled people who felt "unfairly disadvantaged" by toilets being converted into gender neutral facilities sharing cubicles and sinks, the government said.

But transgender rights groups argue gender-neutral toilets can protect trans people from discrimination.

The rights groups say that, along with other people who do not conform to the gender binary, trans people can face intrusive challenges when using male or female toilets.

The government hopes to present the long-talked about legislation to Parliament in the next few weeks and, if approved, have it in force later this year.

The change to building regulations will also allow contained, universal toilets in addition to single-sex toilets where space allows, or instead of single-sex toilets where there is not enough space.

A universal toilet is defined by the government as a self-contained room with a toilet and sink for individual use.

The government said gender neutral toilets were leading to increasing waiting in shared queues and less privacy and dignity.

"These regulations will guide organisations to design unisex and single-sex toilets, ending the rise of so-called gender-neutral mixed sex toilet spaces, which deny privacy and dignity to both men and women, " Equalities Minister Kemi Badenoch said.

"Today’s announcement will also create better provision for women so that our particular biological, health and sanitary needs are met."

When asked on ITV's Good Morning Britain if gender-neutral toilets would persuade people to vote Conservative following poor local election results, Women's Health Minister Maria Caulfield insisted: "This is an important issue for women."

The new legislation will also apply to buildings going through major refurbishment. Exemptions include care homes, cells in custody suites and schools.

A consultation, which received 17,000 responses, found 81% agreed with the intention for separate single-sex toilet facilities and 82% agreed with the intention to provide universal toilets where space allows.

Sex Matters, a campaign group which describes itself as promoting "clarity about sex in law, policy and language", said many would "breathe a sigh of relief at this welcome return to common sense".

CEO Maya Forstater added: "Single-sex toilets offer privacy, dignity and peace of mind for both sexes, but they’re especially important for women and girls."

Mermaids, a transgender youth support charity, said in response to the government proposals: “In order to ensure everyone is served fairly and that everyone can feel comfortable using public toilet facilities, not only are gender-specific facilities in which trans people can feel safe in using vital, but gender-neutral facilities are also greatly necessary to ensure non-binary people’s experiences with toilet facilities are one of comfort.”

Last week the government also announced proposals to ensure hospital patients in England have the right to request treatment on single-sex wards, with transgender people placed in rooms on their own.

Patients will also have the right to request a person of the same biological sex delivers any intimate care.