Andy Burnham says biological men who identify as women should be able to use female toilets as he slams ‘culture wars’

In unearthed footage obtained by the Daily Mail, Mr Burnham also said the idea single-sex spaces should be exclusive for biological women was a “minority view”.

The comments came before the Supreme Court unanimously ruled a “woman” and “sex” under the Equality Act 2010 exclusively apply to the biological sex assigned at birth.

The Makerfield by-election candidate dismissed gender-critical activists as “supposed feminists” trying to stir up “culture wars” by asking for protections in such spaces.

It threatens to reignite Labour’s “woman problem”, which tormented Sir Keir Starmer and other senior party members as they previously struggled to define what is meant by being a woman.

Opposition Assistant Whip Rebecca Paul said Mr Burnham is “still trapped in the ideological bubble of 2020”.

Speaking to GB News, the MP for Reigate said: “Andy Burnham is still trapped in the ideological bubble of 2020 while the rest of the country has moved on. Women do not have penises, men should not be in women’s toilets, and politicians who once pretended otherwise should at least have the honesty to admit they got it wrong.

“It will surprise absolutely no one that Burnham backed self-ID. What is extraordinary is that so many Labour politicians still seem incapable of admitting it was a catastrophic mistake. Women’s rights, privacy and safety were treated as an inconvenience to an ideology completely detached from reality.”

The Conservatives’ equalities spokesman Claire Coutinho accused Mr Burnham of being “shockingly out of touch”, arguing protecting the safety, dignity and privacy of women was not a culture war issue but a legal requirement.

She said women had been raped in prison, missed out on sporting achievements and lost their jobs for stating biological facts, while blaming figures like Mr Burnham for allowing those injustices to occur by failing to stand up for human rights.

The unearthing of Mr Burnham’s comments might raise questions as he continues his by-election campaign in the Greater Manchester constituency following the resignation of Josh Simons.

One Whitehall source said: “I think Andy may find that the idea that men should stay out of women’s toilets is not a minority view in Makerfield.”

Duncan Bannatyne, Scottish entrepreneur, best known for being on Dragon’s Den, weighed in on the revelations today, writing on X he no longer supported Mr Burnham over his position on transgender rights.

He wrote: Last week I decided to throw my support behind Andy Burnham for leadership of the Labour Party and on to PM.

“But I cannot do that now that I find out he says transwomen, i.e. men, should be allowed to use the ladies toilets.

“I can never support anyone that does this. Biological women must have single sex spaces.”

Mr Burnham, a former Health Secretary under Gordon Brown, is plotting his way back to Westminster in an attempt to launch a leadership bid against Sir Keir.

In the meeting, Mr Burnham was asked whether biological men, who identify as women, should be able to use female-only toilets.

He said: “Clearly there is a group of people who do feel that toilets should be a safe space only for women and there should not be anyone biologically a male allowed in that space.

“I don’t think that’s a majority view. I think it’s a minority view and quite a small minority view, actually.

“But it is a view so you can’t completely ignore it. Possibly they might be women who have experienced male violence at some point in their life. I don’t know, that’s one way of looking at it.”

He continued to argue the idea men are identifying as women in order to access female-only spaces to prey upon them relates to a “tiny, tiny number of people”.

Mr Burnham concluded he supported trans rights.

It appears the comments are the most explicit insight into Mr Burnham’s position on the transgender debate.

However, last year he criticised the interim guidance from the Equality and Human Rights Commission following the landmark Supreme Court case, arguing it would make the issue “more confusing in the real world”.

The interim guidance was transgender people cannot use single-sex facilities corresponding to their identified gender, although employers and service providers must ensure trans people are not left without any facilities at all.

The guidance came under criticism with employers and service providers worrying they risk sex discrimination claims if they fail to follow the guidance.

Some claims are already being made. For example, an NHS employee in Leeds successfully sued the health service, arguing she was discriminated against because transgender colleagues were told they were able to use single-sex facilities.

In the 2022 meeting, Mr Burnham said he believed those demanding a definition of “what is a woman” were largely attempting to marginalise people with gender dysphoria and drive division between communities.

He made clear he had no appetite for culture war battles, saying he did not want to see advocates for transgender rights and women’s rights at odds with one another.

Stephanie Davies-Arai director of think tank Transgender Trend told the People’s Channel Mr Burnham “clearly lives in his own little echo-chamber”.

She said: “Andy Burnham clearly lives in his own little echo-chamber of transgender activists if he thinks the idea that men shouldn’t enter women’s facilities is a ‘minority view.’

“He should sometimes listen to other people – women who feel uncomfortable or unsafe sharing their toilets and changing-rooms with any man who cares to enter, for example.

“Or parents who want to protect their teenage daughters. Or the many ordinary people who simply don’t believe that men are women and don’t want to be forced to lie.

“Dismissing people’s real concerns as a ‘culture war’ won’t shut people up, the Labour Party and Burnham should have learned this by now.”

GB News has reached out to Mr Burnham’s team for comment.