Single-Sex Spaces: EHRC Guidance

Baroness Hunt of Bethnal Green Excerpts

Monday 2nd February 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

Let me reassure all noble Lords. We have set out our expectation that service providers follow the law as clarified by the Supreme Court ruling and seek specialist legal advice wherever necessary. The Prime Minister has underlined this recently. We have always been absolutely clear that due process needs to be followed by all, in line with the Equality Act. Our priority is getting it right. That is why it is so important that we give it proper and due consideration.

[Baroness Hunt of Bethnal Green (CB)]

My Lords—

[Baroness Falkner of Margravine (CB)]

My Lords—

[Captain of the Honourable Corps of Gentlemen-at-Arms and Chief Whip (Lord Kennedy of Southwark) (Lab Co-op)]

We have plenty of time; we will go to the Cross Benches next.

[Baroness Hunt of Bethnal Green (CB)]

The Minister, the noble Baroness, Lady Smith, has said in answering the numerous questions on this topic that the code must be legally robust. In the absence of any significant leaks to the press over the last few weeks, can the Minister clarify what tests are being applied to reach that conclusion before the code is approved and laid before Parliament?

[Lord Collins of Highbury (Lab)]

I think the noble Baroness understands that, although there has been speculation in the media, it is crucial that providers have legally robust guidance on how to apply the Equality Act, which is why we are considering the draft code properly. We have always been clear that proper process needs to be followed so that service providers have certainty over these issues and are not placed in that legal jeopardy. That is why we are absolutely consulting with all, including the EHRC.

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.