Tories pledge to make ‘biological sex’ protected characteristic as Labour focuses on defence

ITV News' Political team brings you all the updates out on the road from the campaign trail, as the countdown to the General Election enters its second week


The Conservatives have pledged to change the Equality Act to define the protected characteristic of sex as “biological sex” and clear up "confusion" among public bodies.

Claiming that Labour's Equality Act has not kept pace with evolving interpretations and is not sufficiently clear on when it means sex and when it means gender, they have stated the law needs changing to protect people.

They claim the change will make it simpler for service providers for women and girls, such as those running sessions for domestic abuse victims, to prevent biological males from taking part.

The party says the proposed change to the law will not remove the existing and continuing protections against discrimination on the basis of gender reassignment provided by the Equality Act.

People with a Gender Recognition Certificate will still be recognised as their acquired gender in law outside the Equality Act , for example in marriage law, as is the status quo.

Rishi Sunak denied stoking "phony culture wars" with his pledge on equality laws after being criticised by opposition parties.

Asked about the accusations, Sunak told broadcasters: “No. It builds on our track record of treating these issues sensitively and with compassion, as of course we should, but ensuring that our laws are right, our guidance is right to protect the safety and security of women and girls and the wellbeing of our children.

“And I think that’s paramount in all of our minds.”

Under the new scheme, the Conservatives will also establish in law that gender recognition is a reserved matter, as they say “this will mean that an individual can only have one sex in the eyes of the law in the United Kingdom”.


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Minister for Women and Equalities Kemi Badenoch said the Conservatives are seeking to clarify the Equality Act, not change it.

Speaking to Sky News, she said: “This is a clarification in the law, it is not as many people assume, a change. It is re-emphasising what should be the status quo."

Asked why she didn’t bring this forward before the General Election, Ms Badenoch said she had been working on the policy, adding: “The biggest reason is because of what Scotland was doing with its Gender Recognition Bill.”

Writing in The Times newspaper, she also said that a Tory government would legislate to strip the Scottish Parliament of its powers to legislate on issues surrounding gender recognition.

It comes off the back of the Gender Recognition Bill being passed by Scottish Parliament in 2022, which would have made it easier for transgender people to get gender recognition certificates.

The Bill was prevented from proceeding to royal assent by an order under Section 35 of the Scotland Act 1998, made by the then Secretary of State for Scotland, Alister Jack.

In December, the Court of Session ruled the action was lawful, despite a Scottish Government challenge.

Labour leader Sir Keir Starmer. Credit: PA

Ms Badenoch also said that transgender athletes would not be “stopped from competing” in sports but will in some cases compete alongside their biological sex.

Speaking to LBC, she added that “changing your clothes doesn’t change who you are” and said the Conservative party is seeking to protect transgender people.

Labour focuses on defence

Meanwhile Sir Keir Starmer will pitch Labour as the “party of national security” as he seeks to switch attention to defence.

The Labour leader is expected to meet forces veterans and a group of his party’s candidates when he campaigns in the north west of England on Monday.

As part of his defence pitch, Sir Keir will reaffirm his commitment to a “nuclear deterrent triple lock” as well as his ambition to increase defence spending to 2.5% of gross domestic product (GDP), a measure of the size of the economy.


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Mr Sunak has made clear he wants to meet the 2.5% target by 2030 although Labour has so far declined to outline its timeline, only noting it would do so when economic conditions allow.

Sir Keir has been attempting to shift perceptions of Labour’s defence stance following the party’s time under the leadership of Jeremy Corbyn, a long-standing critic of Nato and Trident.

The Labour leader said national security "will always come first in the changed Labour Party" he leads.

“Keeping our country safe is the bedrock of stability that the British people rightly expect from their government.

“My message to them is clear: Labour has changed. No longer the party of protest, Labour is the party of national security."

Legal advice on UK arms sales to Israel would be reviewed under a Labour government, Sir Keir has also suggested.

More than 100 artists and celebrities have called on the Labour leader to revoke UK export licences to Israel if his party wins the election.

The UK government has resisted pressure to halt the licences in recent months, amid concerns that Israel could be in breach of international humanitarian law as the conflict in Gaza continues.

Deputy foreign secretary Andrew Mitchell has previously said UK companies provide an estimated 0.02% of Israel’s overall arms imports.

Answering media questions at a campaign event at the Fusilier Museum in Bury, Sir Keir said: “It is for the government obviously to review the licences. They do it one by one. They have got legal advice.

"We’ve been pressing them to disclose that legal advice. And I still press them to disclose that legal advice. Obviously, if we’re privileged to come in to power, we’ll be able to see that advice or commission our own.

“But look, I will just add this, that the Rafah offensive should not go ahead. And that I think our government should follow the US lead on this in relation to arms sales and review the licences to see whether any of them would be or are being used in the Rafah offensive.”

He said his “number one priority is to ensure we get a ceasefire” in the Israel-Hamas war.

Sir Keir will be hoping to be able to avoid questions on Diane Abbott, after she announced that she will be standing for the party in Hackney North and Stoke Newington.

Ms Abbott wrote on X that she intends “to run and to win as Labour’s candidate”, as she dispelled rumours that she had been offered a peerage in return for stepping down.

The lack of clarity over whether Ms Abbott would be allowed to stand for the party after she had the whip reinstated last week dominated the Labour campaign, despite their desperate efforts to stay on message.

Liberal Democrats focus on the environment

Liberal Democrats leader Sir Ed Davey. Credit: PA

The Liberal Democrats will seek to prevent damage closer to home, as they call for new protections for rivers and coastlines to end “environmental vandalism”.

The party has announced an expansion of marine protected areas and a new Blue Flag status for rivers will be included in its General Election manifesto.

Lib Dem leader Sir Ed Davey said: “Our precious rivers and coastlines have been destroyed after years of a Conservative Government letting water firms get away with environmental vandalism.”

SNP focus on healthcare and preparing for Scottish leaders' debate

The SNP are preparing for their first televised debate as First Minister John Swinney faces off against fellow Scottish party leaders on STV.

SNP Westminster leader Stephen Flynn has said his party will bring forward a Bill to protect the NHS from privatisation within 100 days of the General Election.

Scottish National Party Leader John Swinney with SNP Westminster leader Stephen Flynn. Credit: PA

Flynn said it is “deeply disappointing” that Labour and the Conservatives are pushing for “massive privatisation” of the health sector.

Mr Flynn said his party would bring forward a Keep The NHS In Public Hands Bill to protect the health service.

However, Scottish Labour’s health spokeswoman, Dame Jackie Baillie, hit back at Mr Flynn’s comments as “outright lies” as she claimed the NHS, which is a devolved matter in Scotland, is on “life support” following the Scottish government’s handling of waiting lists.


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