“For Women Scotland” Supreme Court Ruling

Debate between Baroness Smith of Malvern and Lord Cromwell

Thursday 24th April 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The facilities of the House of Lords are not something for which I have responsibility. I am sure, like all other providers of services, the House will be considering carefully both this ruling and the requirement to ensure that people are able to access services that respect their dignity.

[Lord Cromwell (CB)]

My Lords, I have a very technical legal question. Some of the commentary I have heard on the ruling suggests that, if an organisation decides to use biological sex as a basis, it may do so, but not that it must do so. Is that correct?

[Baroness Smith of Malvern (Lab)]

My understanding of the ruling is that, where single-sex spaces are provided, they should be provided on the basis of biological sex. It is not, of course, the case that every service needs to be provided on the basis of single sex, but, where they are provided on that basis, it should be done on the basis of biological sex.