Equality Act 2010: Code of Practice

Baroness Hunt of Bethnal Green Excerpts

Wednesday 3rd June 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

I am not sure I fully understand. I hope the noble Baroness is agreeing with me that we will take a common-sense, British way. I have been in a theatre when there has been a very short intermission, the gents’ toilet is empty, I have encouraged women to use it and they have. That is a common-sense approach. When it comes to toilets, we know exactly how to behave.

[Baroness Hunt of Bethnal Green (CB)]

My Lords, I thank the Minister for his tone and approach—

[Baroness Falkner of Margravine (CB)]

My Lords—

[Lord Leong (Lab)]

We will hear from the noble Baroness, Lady Hunt.

[Baroness Hunt of Bethnal Green (CB)]

We have loads of time; it is all going to be okay.

I thank the Minister for his approach and response to these questions. It has been 12 months of trying to clarify the code and clarify the interpretation from the Supreme Court. I am seeing a significant degree of confusion about how the law will be implemented and how the code is to be interpreted. There is almost an accepted assumption that these things will be tested through litigation and case law. A number of small organisations, as the noble Lord, Lord Scriven, referred to, are worried about being litigated against, and trans people are worried about being shouted at. It is our job to create good law. Does the noble Lord think we are now in a position where we can say that we have created good law and can stand by it?

[Lord Collins of Highbury (Lab)]

I think the noble Baroness knows my position. As I said at the beginning, the Equality Act is good law. The Gender Recognition Act is good law. The Supreme Court has made an interpretation in respect of single-sex spaces, which we should comply with. The Supreme Court ruling explicitly stated that trans people remain fully protected by the Equality Act from discrimination and harassment. We are proud of the Equality Act and have no plans to change it. We have had this incredibly toxic debate for some time. Let us now settle it once and for all and get back to understanding the needs of individuals rather than using them as a political football.

Equality Act 2010: Section 106

Baroness Hunt of Bethnal Green Excerpts

Tuesday 10th March 2026 Lords Chamber

[Lord Collins of Highbury (Lab)]

The noble Baroness is right. One of the things that is still to be determined is precisely what protected characteristics will be included under Section 106. In the EHRC guidance to political parties was a range of actions that could be taken to ensure diversity, including support for people with disabilities and other actions. We should be very proud that many of the political parties have taken action. We need greater transparency so that we can see what progress has been made.

[Baroness Hunt of Bethnal Green (CB)]

My Lords, I completely agree that measuring the number of people who are applying to participate in politics is a vital mechanism to enable us to manage that process. Does the Minister have any thoughts on the emerging trends—including increased hostility online, for example —that might prevent women being involved in different levels of politics across all different parties, on what some of the barriers to participation for women and other minorities are, and on what impact that might have on democracy in general?

[Lord Collins of Highbury (Lab)]

The noble Baroness makes a really important point. Sadly, many people out there seek to stop the widest possible engagement in our political process. We have seen that through harassment and intimidation of voters, electoral staff and campaigners, and particularly women Members of Parliament, and what we have seen has been shocking. That intimidation, which is not just restricted to women, has a huge impact on the willingness of people to seek public office. That is why we are taking specific action, making plans to extend the disqualification order to protect electoral staff, empowering courts to hand out tougher sentences to people who abuse those who uphold our democratic traditions, and removing the requirements for candidates’ home addresses to be published. It is a sad indictment of where we are, but those are important protections for our political process.

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.