Sport: Supreme Court Ruling on Sex and Gender

Debate between Baroness Williams of Trafford and Baroness Smith of Malvern

Wednesday 7th May 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

That is what I just said in my previous answer. It is the responsibility of sports governing bodies to make decisions that are appropriate for their sports and that also deliver the safety and fairness that have always been at the heart of the legislation in this area. That is the most appropriate way forward.

[Baroness Williams of Trafford (Con)]

My Lords, following on from the question from the noble Baroness, Lady Hunt, we can all think of examples in international sport which are some of the most complex and do not relate to trans athletes’ participation but the methods used to determine whether someone is male or female. Will the Government be providing better clarity on this aspect for international sporting bodies?

[Baroness Smith of Malvern (Lab)]

The noble Baroness is right that the controversy or difficulty comes through the methods that are used to determine sex or conditions for entry within those sports. I still think it is not the role of government or within the power of government to tell international sporting bodies what conditions and rules they should have in place for participation in those sports.

For Women Scotland v The Scottish Ministers: Interim Update

Debate between Baroness Williams of Trafford and Baroness Smith of Malvern

Thursday 1st May 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I hope that in the Government’s response we have been calm; we have been clear but calm. We are committed to ensuring that all groups feel supported by the actions we take as a Government. The responsibility for laying down the code of practice rests with the EHRC. I am sure that it will have heard the noble Baroness’s call and, as we have already heard, it is committed to making sure that that code is developed on the basis of wide consultation.

[Baroness Williams of Trafford (Con)]

My Lords, I endorse the comments of my noble friend. Before statutory guidance is issued, how will the Government meet their legal obligations across all public services, in compliance with the judgment?

[Baroness Smith of Malvern (Lab)]

In terms of the clarity of the judgment, as we discussed last week in response to the statement, work is already going on across the health service and other parts of government service. But, as with other judgments, the important clarity around some of the complexities in the application of this judgment will be provided through the statutory code that the EHRC is producing. I look forward to that.