Labour could postpone its 2025 women's conference following the Supreme Court ruling that sex in equality law refers to biological sex, confidential advice has revealed.
Members of the National Executive Committee received the advice recommending the postponement of the event to avoid legal action and political embarrassment.
The document will be voted on at an NEC meeting later today. It states that Labour's "positive action" policies have historically operated on self-identification principles, allowing biological men who identify as women to be included.
The NEC advice outlines the party's "initial legal analysis" of April's Supreme Court judgment and its impact on "sex-based rights and protections" in equality laws.
Campaigners take part in a rally organised by trans rights groups, trade unions, and community organisations at Parliament Square
PA
It warns that Labour could face legal action if it responds incorrectly to the ruling.
The document, seen by The Telegraph, notes there will be "significant scrutiny" on how the party handles the situation.
It also explains that positive action measures run by Labour include women-only positions on the National Labour Party Women's Committee and women-only shortlists.
"Historically, these provisions have often operated on the basis of self-identification," the advice states. "Given the judgment has now clarified that references to women in the [Equality] Act relate to biological sex at birth, these existing positive action provisions can now only be lawfully applied on the basis of biological sex at birth."
Rosie Duffield has repeatedly clashed with the Labour leadership as a result of her trans stancePAThe document warns that continuing to operate on self-identification principles would "expose the party to significant risk of direct and indirect discrimination claims succeeding."
It also notes that including trans women on all-women shortlists would be "unlawful."
Rosie Duffield, who quit Labour and now sits as an independent MP after years of criticism over her gender views, expressed outrage at the recommendation to cancel the women's conference.
"This shows that absolutely nothing has changed in the Labour Party," she said. "It is fully immersed in the culture of self-identification and intent on pushing through trans rights over women's rights."
Campaigners celebrated the ruling outside the Supreme CourtPAThe Supreme Court ruling has reportedly caused chaos within the party, with several NEC members and LGBT groups openly criticising the judgment.
The NEC document states that a decision on the Women's Conference is needed "urgently" as it's scheduled for September 2025, just before the main party conference. It warns of "significant risk of legal challenge" under the new interpretation of equality law.
"In addition to the legal risk, we can anticipate that due to the visibility of the event and the proximity to the judgment, there may be protests, direct action and heightened security risks to staff and attendees," the advice states.
The recommendation is to "postpone National Women's Conference 2025 pending the wider review of positive action measures."
