Equality Act 2010: Supreme Court Judgment

Baroness Stedman-Scott Excerpts

Thursday 27th November 2025 Lords Chamber

[Baroness Brown of Silvertown (Lab)]

My Lords—

[Baroness Stedman-Scott (Con)]

My Lords—

[Baroness Hayter of Kentish Town (Lab)]

My Lords—

--- Later in debate ---

[Baroness Smith of Malvern (Lab)]

I thank my noble friend not only for that question but for her history of work in the area she outlined. As I suggested earlier, there is no benefit to anybody, particularly those who most need the clarity that application of the code can bring—for example, to lawfully provide single-sex spaces for women—to sidetrack the correct and careful process the Government are following. The Government are following the process for laying the code in Parliament set out in the Equality Act 2006. The Minister for Women and Equalities is considering the EHRC’s updated draft code, as I have already outlined, and if the decision is taken to approve it, she will lay it before both Houses over a 40-day period, as per the process set out in Section 14 of the Equality Act 2006.

[Baroness Stedman-Scott (Con)]

My Lords, on 5 November the Minister was asked this by the noble Lord, Lord Pannick:

“Does the Minister agree that, today, it is the obligation of all persons, whether private or public, to comply with the judgment of the Supreme Court, whether they agree with it or not, and without waiting for guidance?”.—[Official Report, 5/11/25; col. 1926.]


She helpfully responded by saying, “I do agree”, so the Government have said they support the Supreme Court’s ruling, yet the EHRC’s updated guidance reflecting that ruling has sat with Ministers for almost three months. Can I push the Minister a little more to say when it will be published? Every week of delay fuels confusion over a legally settled issue and leaves service providers without the clarity they need. Will it be one month, three months, six months; or, even better, will it be very soon?

[Baroness Smith of Malvern (Lab)]

It will be at the point at which we have fulfilled the process that I have outlined to the House today. It will be at the point at which we can all be confident that what we provide in clarifying the application of the law will support providers in delivering for all those with protected characteristics, which is of course the role of the code. But the noble Baroness is right: I was clear in response to the noble Lord, Lord Pannick, about the clarity of the law and the requirement for all to be following it at this point. That is the position taken by the Prime Minister in the last week, and that is what everybody should be doing.