ECNI – the implications of For Women Scotland in Northern Ireland

Following the UK Supreme Court judgment, the Equality Commission for Northern Ireland considers that there is some legal uncertainty as to whether the interpretation of sex as a biological term can extend to Northern Ireland specific legislation. Their concern centres around the Windsor Framework which ensures “no diminution of rights, safeguards or equality of opportunity” for people in Northern Ireland following Brexit. The ECNI has published a legal paper and issued a public consultation, closing date 19 September 2025, with a view to seeking clarification from the courts in Northern Ireland in due course.

We think the ECNI’s concerns are wholly misplaced and have submitted the following Legal Opinion by Aidan O’Neill KC to the consultation.

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