I'm not sure anyone is suggesting that. What is being suggested is that an unfortunate side effect of being accommodating to transwomen is that it provides a legitimate route for a male who otherwise would not have been hanging out in the ladies loos, to hang out in the ladies loos, and whereas previously it may not have occurred to said person to don a dress to fit in, it now does as it is being established as a norm.
That said, I'm fairly sure that most ladies would have no qualms about getting an undesirable out of the ladies toilet regardless of appearance.
The obvious mistake is in the words 'provide a legitimate route'. Loos are not a place to 'hang out' - was the visual imagery intended Ian?
Public loos are places for any person to be able to go to relieve themselves. The private space is the part behind the locking door. The part outside the locking door is a public space. Any person doing criminal activity in the public space is committing a crime regardless of their personal characteristics. If the person is cis gender or trans gender doesn't make a difference. The crime carries the label, not the person.
If we listen to the likes of Badenoch, the EqA needs amendment to clarify the meaning of sex. Ministers are in the position of having legal competence to clarify law. However, the competence is to clarify that which parliament intended. Badenoch needs to show that parliament intended 'biological sex'. She can not, therefore she has no competence to clarify. This is pie in the sky anyway as they won't get to form the next government.
Where I will agree is that the characteristic of 'gender reassignment' would benefit from some further clarification. I've made this point before. It would be helpful if the term 'proposes' was clarified. To my understanding a proposal can not be an unstated matter, it must be a matter of record. The obvious place to record a proposal of transition would be the person requesting help to start transition from their GP. I will agree that saying ''but I'm trans'', at the point of offending, or at arrest, should not be taken as evidence of proposing transition.