Equality Act 2010: Meaning of “Sex”

Baroness Hunt of Bethnal Green Excerpts

Wednesday 15th October 2025 Lords Chamber

[Lord Collins of Highbury (Lab)]

As the noble Viscount acknowledges, we have a duty under the Equality Act to ensure equality of treatment, including for trans people and others. It is important that that is understood. The Equality Act remains in place and providers should continue to follow the law. Practically, this means that providers should consider the needs of all their service users when designing and delivering services. If they are uncertain as to how to apply the Equality Act to their specific services, they should obtain legal advice.

[Baroness Hunt of Bethnal Green (CB)]

My Lords, I serve on the UK delegation to the Parliamentary Assembly of the Council of Europe. I have not had any dealings with the Commissioner for Human Rights, but is the Minister aware that yesterday he shared his observations that inconsistencies between the Equality Act and the Gender Recognition Act could leave some trans people in an “intermediate zone”—a problem that was identified in 2001 and led to the Gender Recognition Act? How will His Majesty’s Government ensure that the code of practice prevents that discrepancy?

[Lord Collins of Highbury (Lab)]

I understand that many trans people may have read the human rights commissioner’s correspondence. I reread it this morning. It will undoubtedly raise concern among trans people. We have been clear that the laws to protect trans people from discrimination and harassment will remain in place. Trans people will still be protected on the basis of gender reassignment, a protected characteristic within the Equality Act.