Equality Act 2010: Meaning of “Sex”

Baroness Burt of Solihull Excerpts

Wednesday 15th October 2025 Lords Chamber

[Lord Collins of Highbury (Lab)]

I do not accept the noble Baroness’s assertion. The department received the final draft code on 4 September. It is 300 pages long. That code needs detailed consideration because, as my noble friend pointed out, we want to avoid uncertainty. We want to ensure, as the Equality and Human Rights Commission is absolutely concerned to ensure, that there is absolute clarity on the Supreme Court decision. That is why we will take the necessary time to ensure that, when it is presented for full consideration by Parliament, it is as accurate and legally proofed as possible. There has been no delay.

[Baroness Burt of Solihull (LD)]

Can the Minister indicate how the Government plan to monitor future case law in this area to ensure that statutory codes remain accurate and up to date, particularly if the courts further clarify the relationship between sex and gender reassignment under the Equality Act?

[Lord Collins of Highbury (Lab)]

Put simply, that is why we have the Equality and Human Rights Commission, and that is why it has a responsibility independent from government to do precisely that. That is why we will give full and proper consideration to the draft code. It is important that we maintain that balance and understand our respective roles and responsibilities under the Equality Act.