Yesterday, Monday 6 May the UK Government announced it was bringing in new legislation “to halt the march of gender-neutral toilets in buildings”. The government’s definition of ‘gender-neutral’ is in reference to mixed-sex communal bathrooms that operate essentially in the same way as traditional gender-segregated facilities. It may surprise some people to learn that I have no real issues with this announcement given that I’d lobbied parliamentarians over a number of years for the provision of gender-neutral public bathrooms. Because the neutral facilities I’d called for bore no resemblance to the mixed-sex communal model that later emerged and that led to yesterday’s enraged government response but my recommendation did feature in yesterday’s announcement after having been rebranded as “universal toilets”.

“the policy encourages provision of self-contained universal toilets, which are a fully enclosed toilet room with a washbasin and hand-drying facilities for individual use.”

BACKGROUND [info for anyone interested in the history, otherwise skip and go direct to ACTION]

I raised the need for gender-neutral bathroom facilities in 2010, in the early days of the UK’s then coalition government as part of my campaign. My aim was that self-contained, single occupancy units should replace the outdated communal model through a process of phasing out as new facilities were built and when existing facilities underwent refurbishment. The neutral model I’d recommended to politicians and government representatives was very precise. Single, stand-alone, self-contained units that can be used by anyone. The single unit should include a wash basin, dryer and mirror and lockable from the inside thereby affording absolute privacy to the user. The unit size should be roughly half of the floorspace of disabled facilities currently in use.

Stand-alone units have always been quite commonplace where space is limited such as planes, trains etc. And I’d seen them in public buildings including within healthcare settings. I was not advocating for an unknown concept and I firmly believed, still do believe, that communal bathrooms offer none of the benefits outlined in the above paragraph and should be phased out.

My former MP Simon Hughes organized a meeting soon after the 2010 general election brought in the new coalition government. The meeting was to discuss a number of issued I’d raised that included the need for gender-neutral bathroom facilities in public spaces. The meeting between Simon Hughes and fellow Liberal Democrat MPs Lynne Featherstone [now Baroness, then Equalities Minister] and former backbencher Julian Huppert took place at Portcullis House with civil servants from the Home Office and the Government Equalities Office in attendance. The only person not invited to the meeting was me.

Sadly and predictably, gender-neutral bathrooms did not make it into the inaugural trans equality action plan of December 2011 however I ensured the issue did not drop off the radar. I was always very clear that the communal model segregated by gender needed to be replaced with single, stand-alone units as an inclusive and safer alternative.

Some years later I noticed a discernable increase in the provision of neutral-facilities, not least within the Portcullis House building itself. Neutral bathrooms subsequently became a topic of discussion and, typically, the issue was soon reported in the mainstream media because some providers had simply redesignated some of their sex-segregated communal facilities. That was not something I would have recommended because a) the lack of privacy I’ve already referred to and b) there would inevitably be issues of the kind we’ve seen that led to today’s hideously transphobic government wanting rid of them.

The introduction of mixed sex communal bathrooms was an inadequate and lazy interpretation of the neutral bathrooms policy and not how it should have been implemented. Maybe the introduction of these ‘neutral’ facilities was genuinely well-meaning and certainly less costly to convert in an existing property but the concept fails spectacularly. If I’d still been involved with the GEO at that stage I’d not have hesitated in telling them so. Communal facilities are outdated and intrusive. Opening them up to all does not make them less outdated and intrusive and such facilities should have no place in modern design. The self-contained, stand-alone unit offers safety and privacy to all. The stand-alone model is the way forward.

GOVERNMENT CONSULTATION

The government put out a call for evidence on the topic early in 2021. I responded to the consultation with no real expectation of a positive outcome. My response can be read here. The consultation outcome was published in the second half of last year. There was reference to the universal toilet however I did not expect this surprise inclusion to become part of the end policy. I was indeed encouraged when I read yesterday’s announcement and I cannot believe I’m saying that given the onslaught of anti-trans measures that have come directly from the UK Government over the past few years. Reporting on yesterday’s announcement that I’ve seen so far refers only to the outlawing of mixed-sex communal facilities and is, in my opinion, unduly negative.

ACTION

While the inclusion of universal toilets in new legislation is very welcome I’m less enthusiastic about the ambivalence of the wording “self-contained, universal toilets may be provided ….. ”.

The universal toilet should be the default and I’d like to see providers ensure these facilities are integral in new building plans and refurbishment design. Whereas the legislation is unequivocal in requiring designated single-sex facilities for men and women there is no reason why there should not be the same in the provision of universal toilets.

Over the next few days I will write to Chief Executives of my local authority and healthcare trust outlining the need for universal toilets as integral to new building plans and refurbishment design.

And I am urging everyone with an interest in this matter to do the same.

Remember, universal toilets can be used by all and offer the ultimate in terms of inclusivity, safety and privacy. Communal facilities must be banished to the past. Universal toilets are the future.